Award, Jurisdiction and Powers of the Lok-Adalat
AWARD
Section 21 of the Legal Service Authorities Act, 1987 deals with Award of Lok Adalat (LA). The Lok – Adalat is empowered to pass an Award for a dispute which is referred to it for determination. It may be noted that, every Award passed by the Lok Adalat shall be deemed to be a decree of a civil court. The Award delivered by the LA shall be the final. It is binding upon all the parties to the dispute. No appeal shall lie to any court against such Award of the Lok-Adalat.
JURISDICTION
The LA shall have authority to decide and to arrive at a settlement between the parties to a dispute in respect of following matters:
- Any matter pending before it; or
- Any case which is falling within the jurisdiction of it, and it is not brought before any court for which the Lok Adalat is organized.
- The Lok Adalat can also compromise and settle criminal cases, which are compoundable in nature under the law.
POWERS
Section 22 of the Legal Service Authorities Act, 1987 deals with Powers of Lok Adalat or Permanent Lok Adalat. The Lok Adalat or Permanent Lok Adalat shall have the same powers as of a Civil Court enumerated in the Code of Civil Procedure 1908, while deciding the following matters:
- To summon and enforcing the attendance of any witness and
- To examine a witness on oath
- To discover and production of any document
- To take evidence on affidavits
- To ask any public record or document or copy of such record or document from any court of office, and
- To do such other matters as may be prescribed.
a) Every Lok Adalat or Permanent Lok Adalat shall have the requisite power to specify its own procedure for the determination of any dispute coming before it.
b) All proceedings before a Lok Adalat or Permanent Lok Adalat shall be deemed to be judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860), and every LA or PLA shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.