Legal Services Authorities Act, 1987
(1) Any party to a dispute may, before the
dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement
of dispute: Section 22C of the Legal Services Authorities Act, 1987, establishes the framework for the functioning, jurisdiction, and procedural aspects of Permanent Lok Adalats (PLAs). It aims to provide an alternative dispute resolution mechanism for disputes relating to public utility services, emphasizing conciliation, settlement, and limited adjudication. The section is integral to promoting access to justice, especially for weaker sections of society, by enabling pre-litigation resolution and final binding awards. Section 22C delineates the procedure for initiating, conciliation, adjudication, and finality of awards by Permanent Lok Adalats:- Any party to a dispute may, before approaching a court, apply to a PLA for settlement (sub-section 1).- The PLA shall first attempt conciliation and facilitate settlement (sub-section 4).- If the parties fail to reach an agreement, the PLA shall decide the dispute (sub-section 8), provided the dispute falls within its jurisdiction and value limits.- The awards passed are final and binding, deemed to be decrees of a civil court (sub-section 8).- The PLA is guided by principles of natural justice, fairness, and equity and is not bound by the Civil Procedure Code or Evidence Act (Section 22D).- The awards are executable as decrees, with limited grounds for challenge, primarily through writ petitions under Articles 226/227 of the Constitution (Section 22E). This comprehensive analysis underscores that Section 22C of the Legal Services Authorities Act, 1987, provides a structured, limited, and final dispute resolution mechanism, balancing efficiency, justice, and procedural safeguards. Judicial decisions have consistently upheld its constitutional validity, emphasizing adherence to procedural norms and jurisdictional limits.
Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to
an offence not compoundable under any law:
Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where
the value of the property in dispute exceeds ten lakh rupees:
Provided also that the Central Government, may by notification, increase the limit of ten lakh rupees
specified in the second proviso in consultation with the Central Authority.
(2) After aLegal Commentary on Section 22C of the Legal Services Authorities Act, 1987
Introduction
What does Section 22C Say?
Essential Ingredients
Scope of Section 22C
Punishment for Violations
Legal Comments
1
[19. Organisation of Lok Adalats.—(1) Every State Authority or District Authority or the Supreme
Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organise Lok Adalats at such intervals and places and for
exercising such jurisdiction and for such areas as it thinks fit. Section 19 of the Legal Services Authorities Act, 1987, lays down the statutory framework for the organization and functioning of Lok Adalats, which serve as alternative dispute resolution mechanisms aimed at promoting access to justice, especially for marginalized and weaker sections of society. It emphasizes the role of legal service authorities in facilitating settlement and compromise outside formal judicial proceedings, thereby reducing litigation burden and ensuring speedy justice. Section 19 provides for the organization of Lok Adalats at various levels—State, District, and Supreme Court or High Court—by authorized legal service agencies. It grants Lok Adalats the jurisdiction to resolve disputes through compromise or settlement in respect of cases pending before courts or cases falling within their jurisdiction that are not yet brought before any court. The section explicitly states that Lok Adalats do not have jurisdiction over matters relating to non-compoundable offences. The awards passed by Lok Adalats are deemed to be decrees of civil courts, with final and binding effect, and no appeal lies against such awards, except through limited judicial review under Articles 226/227. Section 19 covers a broad spectrum of disputes, including civil, family, property, and certain criminal matters (compoundable offences). It aims to promote amicable settlement outside formal courts, thus reducing litigation backlog. The scope includes:- Cases pending before courts.- Cases not yet filed but falling within jurisdiction.- Disputes capable of settlement through compromise.- Cases involving family matters, property disputes, and certain criminal offences (compoundable). However, it explicitly excludes non-compoundable offences, emphasizing the limited jurisdiction of Lok Adalats in criminal law. While Section 19 itself does not prescribe specific punishments, violations such as acting beyond jurisdiction (e.g., passing awards in non-compoundable offences) or conducting proceedings without proper authority may attract legal consequences, including quashing of awards or disciplinary action against judicial officers or legal service providers involved in misconduct, as per the overarching provisions of the Act and applicable criminal law. This legal commentary underscores the importance of jurisdictional limits, procedural safeguards, and the finality of awards under Section 19, while highlighting the limitations and safeguards necessary to prevent abuse of the Lok Adalat system.
(2) Every Lok Adalat organised for an area shall consist of such number of—
(a) serving or retired judicial officers; and
(b) other persons,
of the area as may be specified by the State Authority or the District Authority or the Supreme Court
Legal Services Committee or the High Court Legal Services CommiLegal Commentary on Section 19 of the Legal Services Authorities Act, 1987
Introduction
What does Section 19 Say?
Essential Ingredients
Scope of Section 19
Punishment for Violations
Legal Comments
1
[3. Constitution of the National Legal Services Authority.—(1) The Central Government shall
constitute a body to be called the National Legal Services Authority to exercise the powers and perform
the functions conferred on, or assigned to, the Central Authority under this Act.
(2) The Central Authority shall consist of—
(a) the Chief Justice of India who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in
consultation with the Chief Justice of India, who shall be the Executive Chairman; and
(c) such number of ot
(1) The Central Authority shall constitute a
committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central
Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the Supreme Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be
prescribed by the Central Government,
to be nominated by the Chief Justice of India.
(3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee
The Central Authority shall 1
*** perform all or any of the
following functions, namely:—
(a) lay down policies and principles for making legal services available under the provisions of
this Act;
(b) frame the most effective and economical schemes for the purpose of making legal services
available under the provisions of this Act;
(c) utilise the funds at its disposal and make appropriate allocations of funds to the State
Authorities and District Authorities;
(d) take necessary steps by way of social justice litigation with regard to consumer prot
In the discharge of its
functions under this Act, the Central Authority shall, wherever appropriate, act in coordination with other
governmental and non-governmental agencies, universities and others engaged in the work of promoting
the cause of legal services to the poor.
1
[6. Constitution of State Legal Services Authority.—(1) Every State Government shall constitute a
body to be called the Legal Services Authority for the State to exercise the powers and perform the
functions conferred on, or assigned to, a State Authority under this Act.
(2) A State Authority shall consist of—
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation
with the Chief Justice of the High Court, who shall be the Executive Chairman; and
(c) such number
(1) It shall be the duty of the State Authority to give to effect
to the policy and directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the State
Authority shall perform all or any of the following functions, namely:—
(a) give legal service to persons who satisfy the criteria laid down under this Act;
(b) conduct 1
[Lok Adalats, including Lok Adalats for High Court cases];
(c) undertake preventive and strategic legal aid programmes; and
1
[8. State Authority to act in coordination with other agencies., etc., and be subject to directions
given by the Central Authority.—In the discharge of its functions the State Authority shall
appropriately act in coordination with other governmental agencies, non-governmental voluntary social
service institutions, universities and other bodies engaged in the work of promoting the cause of legal
services to the poor and shall also be guided by such directions as the Central Authority may give to it in
writing.
(1) The State Authority shall constitute a Committee
to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising
such powers and performing such functions as may be determined by regulations made by the State
Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be
determined by regulations made by the State Authority,
to be nominated by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoin
(1) The State Government shall, in consultation with the
Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for
every District in the State to exercise the powers and perform the functions conferred on, or assigned to,
the District Authority under this Act.
(2) A District Authority shall consist of—
(a) the District Judge who shall be its Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation with the
Chief Justice of the High Court.
(3) The State Aut
(1) It shall be the duty of every District Authority to
perform such of the functions of the State Authority in the District as may be delegated to it from time to
time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District
Authority may perform all or any of the following functions, namely:—
1
[(a) coordinate the activities of the Taluk Legal Services Committee and other legal services in
the District;]
(b) organise Lok Adalats within the District; and
(c) perform such other functions as the State Authority
In the discharge of its functions under this Act, the District
Authority shall, wherever appropriate, act in coordination with other governmental and
non-governmental institutions, universities and others engaged in the work of promoting the cause of
legal services to the poor and shall also be guided by such directions as the Central Authority or the State
Authority may give to it in writing.
1
[11A. Taluk Legal Services Committee.—(1) The State Authority may constitute a Committee, to
be called the Taluk Legal Services Committee, for each taluk or mandal or for group of taluks or mandals.
(2) The Committee shall consist of—
(a) The 2
[senior-most Judicial Officer] operating within the jurisdiction of the Committee who
shall be the ex officio Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation with the
Chief Justice of the High Court.
(3) The Committe
The Taluk Legal Services Committee may
perform all or any of the following functions, namely:—
(a) co-ordinate the activities of legal services in the taluk;
(b) organise Lok Adalats within the taluk; and
(c) perform such other functions as the District Authority may assign to it.]
Every person who has to file or defend a case shall be
entitled to legal services under this Act if that person is
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in article 23 of the
Constitution;
(c) a woman or a child;
1
[(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]
(1) Persons who satisfy all or any of the criteria specified in
section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that
such person has a prima facie case to prosecute or to defend.
(2) An affidavit made by a person as to his income may be regarded as sufficient for making him
eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to
disbelieve such affidavit.
The Central Government shall, after due appropriation
made by Parliament by law in this behalf, pay to the Central Authority, by way of grants, such sums of
money as the Central Government may think fit for being utilised for the purposes of this Act.
(1) The Central Authority shall establish a fund to be called the
National Legal Aid Fund and there shall be credited thereto—
(a) all sums of money given as grants by the Central Government under section 14;
(b) any grants or donations that may be made to the Central Authority by any other person for the
purposes of this Act;
(c) any amount received by the Central Authority under the orders of any court or from any other
source.
(2) The National Legal Aid Fund shall be applied for meeting—
(a) the c
(1) A State Authority shall establish a fund to be called the State Legal
Aid Fund and there shall be credited thereto—
(a) all sums of money paid to it or any grants by the Central Authority for the purposes of this
Act;
(b) any grants or donations that may be made to the State Authority by the State Government or
by any person for the purposes of this Act;
(c) any other amount received by the State Authority under the orders of any court or from any
other source.
(2) A State Legal Aid Fund shall be applied for meeting—
(1) Every District Authority shall establish a fund to be called the
District Legal Aid Fund and there shall be credited thereto—
(a) all sums of money paid or any grants made by the State Authority to the District Authority for
the purposes of this Act;
1
[(b) any grants or donations that may be made to the District Authority by any person, with the
prior approval of the State Authority, for the purposes of this Act;]
(c) any other amount received by the District Authority under the orders of any court or from any
other source.
(2) A District Legal Aid Fund shall be applied for meeting
(1) The Central Authority, State Authority, or the District Authority
(hereinafter referred to in this section as 'the authority'), as the case may be, shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts including the income and
expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General of India
at such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Authority concerned to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appoin
(1) Where in any case referred to in clause (i) of
sub-section (5) of section 19,
(i) (a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the Court,
for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there
are chances of such settlement; or
(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok
Adalat,
the Court shall refer the case to the Lok Adalat:
Provided that no case shall be re
1
[(1) Every award of the Lok Adalat shall be deemed to be a decree of a
civil court or, as the case may be, an order of any other court and where a compromise or settlement has
been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of section 20, the court-fee
paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870).]
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and
no appeal shall lie to any court against the award.
This Act may be called the Legal Services Authorities
Act, 1987.
(2) It extends to the whole of India, 1***.
(3) It shall come into force on such date2
as the Central Government may, by notification, appoint;
and different dates may be appointed for different provisions of this Act and for different States, and any
reference to commencement in any provision of this Act in relation to any State shall be construed as a
reference to the commencement of that provision in that State.
1In this Chapter and for the purposes of sections 22 and 23, unless the context
otherwise requires,—
(a) "Permanent Lok Adalat" means a Permanent Lok Adalat established under sub-section (1) of
section 22B;
(b) "public utility service" means any—
(i) transport service for the carriage of passengers or goods by air, road or water; or
(ii) postal, telegraph or telephone service; or
In this Act, unless the context otherwise requires,—
1
[(a) “case” includes a suit or any proceeding before a court;
(aa) “Central Authority” means the National Legal Services Authority constituted under
section 3;
(aaa) “court” means a civil, criminal or revenue court and includes any tribunal or any other
authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial
functions;]
(b) “District Authority” means a District Legal Services Authority constituted under section 9;
(1) Notwithstanding anything contained in
section 19, the Central Authority or, as the case may be, every State Authority shall, by notification,
establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or
more public utility services and for such areas as may be specified in the notification.
(2) Every Permanent Lok Adalat established for an area notified under sub-section (1) shall consist
of—
(a) a person who is, or has been, a district judge or additional district judge or has held judicial
office higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat;
and
(b) two other persons having adequate exper
The Permanent Lok Adalat shall, while conducting
conciliation proceedings or deciding a dispute on merit under this Act, be guided by the principles of
natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the
Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872).
(1) Every award of the Permanent Lok Adalat
under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all
the parties thereto and on persons claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil
court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons
constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be
called in question in any original suit, application or execution proceeding.
(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local
1
[23. Members and staff of Authorities, Committees and Lok Adalats to be public
servants.—The members including Member-Secretary or, as the case may be, Secretary of the Central
Authority, the State Authority, the District Authorities, the Supreme Court Legal Services Committee,
High Court Legal Services Committees, Taluk Legal Services Committees and officers and other
employees of such Authorities, Committees and the 2
[members of the Lok Adalats] or the persons
constituting Permanent Lok Adalats shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall
lie against—
(a) the Central Government or State Government;
(b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other
employees of the Central Authority;
(c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers or other
employees of the State Authority;
(d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal
Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or
the District Au
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of law other than this Act.
(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date on
which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
1
[27. Power of Central Government to make rules.—(1) The Central Government in consultation
with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the number, experience and qualifications of other members of the Central Authority under
clause (c) of sub-section (2) of section3;
(b) the experience and qualifications of the Member-Secretary of the Central Authority and his
powers and functions under sub-section (3) of section 3;
(1) The State Government in consultation with the
Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the number, experience and qualifications of other members of the State Authority under
clause (c) of sub-section (2) of section 6;
(b) the powers and functions of the Member-Secretary of the State Authority under
sub-section (3) of section 6;
(c) the terms of office
(1) The Central Authority may, by
notification, make regulations not inconsistent with the provisions of this Act and the rules made
thereunder, to provide for all matters for which provisions is necessary or expedient for the purposes of
giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the powers and functions of the Supreme Court Legal Services Committee under
sub-section (1) of section 3A;
(b) the terms of office and other conditions relating thereto, of the members and Secretary of the
Supreme Court Legal Services Committee
(1) The State Authority may, by
notification, make regulations not inconsistent with the provisions of this Act and the rules made
thereunder, to provide for all matters for which provision in necessary or expedient for the purposes of
giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the other functions to be performed by the State Authority under clause (d) of sub-section (2)
of section 7;
(b) the powers and functions of the High Court Legal Services Committee under sub-section (1)
of section 8A;
(1) Every rule made under this Act by the Central
Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session, or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or regulation, or both Houses agree that the rule or regulation
should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule or regulation.
(2) Every rule made under this
22. Powers of 1
[Lok Adalat or Permanent Lok Adalat.]—(1) The 1
[Lok Adalat or Permanent Lok
Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are
vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect
of the following matters, namely:— Section 22 of the Legal Services Authorities Act, 1987, deals with the Powers of Lok Adalat or Permanent Lok Adalat. This provision is fundamental to the functioning of Lok Adalats as alternative dispute resolution mechanisms established under the Act. The section grants these bodies the requisite powers to specify their own procedure for determining disputes coming before them, thereby enabling them to function effectively as conciliatory and adjudicatory bodies. Section 22 of the Legal Services Authorities Act, 1987, confers upon every Lok Adalat or Permanent Lok Adalat the following powers: The essential ingredients of Section 22 include: The scope of Section 22 extends to: Section 22 itself does not prescribe any punishment. However, since proceedings before Lok Adalats are deemed judicial proceedings (IPC Sections 193, 219, 228), any person committing offences like perjury, threatening witnesses, or showing disrespect to the Lok Adalat can be prosecuted under relevant IPC provisions. Territorial Jurisdiction - PLA can exercise jurisdiction only within its territorial limits, exceeding which renders proceedings invalid. [Keshari Devi VS Divisional Manager, National Insurance Company Ltd. - 2012 0 Supreme(Jhk) 1740] Mandatory Conciliation First - PLA must first attempt conciliation and frame terms of settlement before adjudication under Section 22-C(8); failure to do so vitiates the award. [Jharkhand State Electricity Board VS Basanteshwari Prasad - 2012 0 Supreme(Jhk) 1664] Consent for Adjudication - Without written consent of both parties, PLA has no jurisdiction to decide disputes on merits. [National Insurance Co. Ltd VS Arti Banerjee - 2010 0 Supreme(Jhk) 218] [National Insurance Company VS Kartik Gorain - 2009 0 Supreme(Jhk) 814] Conciliator Role - The primary function of PLA is that of a conciliator, not an adjudicator; it should first bring parties to settlement. [State Bank of India, Dhanbad VS State of Jharkhand - 2009 0 Supreme(Jhk) 521] [Branch Manager, Tata AIG General Insurance Co. Ltd. East Singhbhum VS Bandana Devi - 2010 0 Supreme(Jhk) 202] Procedural Compliance - PLA must follow the procedure prescribed under Sections 22-C(4) to 22-C(7) before adjudicating motor vehicle claim cases on merits. [Bishwanath Prasad VS Ashok Kumar Dubey - 2013 0 Supreme(Jhk) 62] Fraudulent Awards - Awards obtained by fraud are vulnerable and can be challenged before courts; such awards are unsustainable in law. [Ramdeo Bhagat VS State Of Bihar - 2013 0 Supreme(Pat) 757] [Deep Narain Prasad VS Urmila Devi - 2015 0 Supreme(Pat) 1468] [Shambhu Nath Pandey VS State Of Bihar - 2013 0 Supreme(Pat) 827] Natural Justice - PLA proceedings are guided by principles of natural justice, objectivity, fair play, and equity, not by CPC or Evidence Act. [United India Insurance Co. Ltd. VS Ajay Sinha and another - 2008 4 Supreme 528] Award Finality - Awards passed by PLA are generally not amenable to challenge, but writ petitions are maintainable under Articles 226/227 if substantial grounds exist. [Life Insurance Corporation of India VS Harjeet Kaur - 2014 0 Supreme(Jhk) 551] Party Impleadment Failure - Failure to implead necessary parties before PLA renders the award unsustainable. [Gour Chandra Saha VS Jharkhand State Electricity Board, Ranchi - 2010 0 Supreme(Jhk) 389] Non-compoundable Offences - PLA has no jurisdiction over disputes involving non-compoundable offences, as these fall outside PLA's scope. [United India Insurance Co. Ltd. VS Ajay Sinha and another - 2008 4 Supreme 528] Public Utility Services - PLA can adjudicate disputes only in respect of public utility services as defined under Section 22-A(b). [Ascend Telecom Infrastructure Pvt. Ltd. VS Ajay Kumar - 2022 0 Supreme(Pat) 407] Pre-litigation Stage - Issuance of notice by Lok Adalat at pre-litigation stage under Section 22-C is not without jurisdiction; it is a legitimate device for settlement. [AFSAR KHAN VS CENTRAL BANK OF INDIA, KANPUR NAGAR - 2012 0 Supreme(All) 2676] Reasoned Decisions Required - PLA orders must be reasoned; cryptic orders without consideration of material on record cannot be sustained. [Vimla Devi VS National Insurance Company Limited - 2014 0 Supreme(Raj) 1921] Consent to Arbitrator Role - Once parties give written consent, PLA assumes role of arbitrator, and its decision becomes binding on parties. [Branch Manager, National Insurance Company Limited, Dhanbad VS Brahamdev Prasad - 2009 0 Supreme(Jhk) 1124] [Gajanand Prasad Keshri VS The State of Jharkhand through the Secretary, Jharkhand State Legal Services Authority, Kanke Road,Ranchi - 2009 0 Supreme(Jhk) 1595] Contributory Negligence - Findings of contributory negligence by PLA must be supported by evidence; unsupported findings are liable to be set aside. [Sumitra Devi VS National Insurance Co. Ltd. - 2012 0 Supreme(Jhk) 1641] Surveyor Reports - Surveyors' reports are not binding on insurer or insured; PLA can independently assess evidence. [Oriental Insurance company Ltd. through its Divisional Manager, Ranchi VS Prasad Plastic & Polythene Industries, through its Partner, Om Prakash Gupta, Ranchi - 2012 0 Supreme(Jhk) 840] No Adjudication Against Will - PLA cannot directly invoke Section 22-E(8) and decide disputes on merits against the will of any party. [Bharat Sanchar Nigam Limited VS State of Jharkhana - 2008 0 Supreme(Jhk) 830] Failure to Settle - If conciliation fails, and settlement cannot be reached, PLA can rightly decide disputes on merits. [National Insurance Co. Ltd. VS Sanjori Devi - 2009 0 Supreme(Jhk) 616] Unauthorised Compensation - Compensation cannot be awarded by PLA merely due to administrative delays without substantive loss. [SR. SUPERINTENDENT OF POST OFFICES SINGHBHUM DIVISION JAMSHEDPUR VS SURESH PRASAD - 2016 0 Supreme(Jhk) 107] Strict Construction of Jurisdiction - Provisions conferring jurisdiction on PLAs excluding civil courts must be strictly construed. [United India Insurance Co. Ltd. VS Ajay Sinha and another - 2008 4 Supreme 528]
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) the reqLegal Commentary on Section 22 of the Legal Services Authorities Act, 1987
Introduction
What Section 22 Says
Essential Ingredients
Scope of Section
Punishment under Section 22
Legal Comments
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