Lok Adalats have been created undera)Legal Services Authority Actb)Arbitration and Conciliation Actc)Administration of Justice Actd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?

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Lok Adalats have been created under

a)
Legal Services Authority Act
b)
Arbitration and Conciliation Act
c)
Administration of Justice Act
d)
None of the above

Correct answer is option 'A'. Can you explain this answer?

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Lok Adalats have been created undera)Legal Services Authority Actb)Ar...

Lok Adalat. ... Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.

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Lok Adalats have been created under

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Direction: Read the following passage carefully and answer the questions given below:The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat. This Act mandates constitution of legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It also mandates organization of Lok Adalats to secure that the operation of the legal system promotes justice on the basis of equal opportunity. When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court, which can be executed as a civil court decree. In 2002, the Parliament brought about certain amendments to the Legal Services Authorities Act, 1987 to institutionalize the Lok Adalats by making them a permanent body to settle the disputes related to public utility services. The Central or State Authorities may, by notification, establish Permanent Lok Adalats at any Permanent Lok Adalats, for determining issues in connection to Public Utility Services.Public Services include: Transport service. Postal, telegraph or telephone services. Supply of power, light and water to public. System of public conservancy or sanitation. Insurance services and such other services as notified by the Central or State Governments.Permanent Lok Adalats have the same powers that are vested in the Lok Adalats. A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of: any case pending before; or any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws. There is no appeal against any decision made by Lok Adalat.The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure 1908, while trying a suit, in respect of the following matters: Power to summon and enforce the attendance of any witness and to examine him/her on oath. Power to enforce the discovery and production of any document. Power to receive evidence on affidavits, Power for requisitioning of any public record or document or copy thereof or from any court. Such other matters as may be prescribed. Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC. Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.Q.Mr. X found himself in a dispute with his electricity service provider concerning the amount on his bill. Seeking resolution, he turned to the Lok Adalat. Nevertheless, the service provider declined to adhere to the terms of the compromise made at the Lok Adalat. What legal action is available to Mr. X in this situation?

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Direction: Read the following passage carefully and answer the questions given below:The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat. This Act mandates constitution of legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It also mandates organization of Lok Adalats to secure that the operation of the legal system promotes justice on the basis of equal opportunity. When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court, which can be executed as a civil court decree. In 2002, the Parliament brought about certain amendments to the Legal Services Authorities Act, 1987 to institutionalize the Lok Adalats by making them a permanent body to settle the disputes related to public utility services. The Central or State Authorities may, by notification, establish Permanent Lok Adalats at any Permanent Lok Adalats, for determining issues in connection to Public Utility Services.Public Services include: Transport service. Postal, telegraph or telephone services. Supply of power, light and water to public. System of public conservancy or sanitation. Insurance services and such other services as notified by the Central or State Governments.Permanent Lok Adalats have the same powers that are vested in the Lok Adalats. A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of: any case pending before; or any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws. There is no appeal against any decision made by Lok Adalat.The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure 1908, while trying a suit, in respect of the following matters: Power to summon and enforce the attendance of any witness and to examine him/her on oath. Power to enforce the discovery and production of any document. Power to receive evidence on affidavits, Power for requisitioning of any public record or document or copy thereof or from any court. Such other matters as may be prescribed. Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC. Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.Q.Mr. Ramesh became embroiled in a land dispute with his neighbor, Mr. Gupta. Despite multiple hearings in the District Court, no resolution was achieved. Ultimately, the District Court referred the case to the Lok Adalat. After several rounds of mediation, the Lok Adalat successfully reached a settlement that both parties agreed to. However, Mr. Gupta later reneged on the settlement agreement, resulting in a new dispute. In this situation, what legal recourse is available to Mr. Ramesh?

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The primary objective of the Micro Small and Medium Enterprises Development Act, (“MSME Act”) is to facilitate the promotion and development and enhance the competitiveness of micro, small and medium enterprises. The MSME Act contains provisions for dispute resolution which are applicable to disputes involving suppliers. Section 18 of the MSME Act provides that any party with a dispute regarding amount due to a Supplier may make a reference to the MSME Facilitation Council (“Council”) for conciliation. If conciliation is unsuccessful, the Council may either take up the dispute itself for arbitration or refer the parties to an arbitral institution. Section 18(4) further provides that the Council or center providing the alternative dispute resolution services shall have jurisdiction to act as an arbitrator or conciliator in a dispute between the Supplier located within its jurisdiction and a buyer located anywhere in India.Section 18 became contentious when multiple cases arose where a party involved in a dispute with a Supplier filed proceedings in court challenging its applicability to their dispute in light of the arbitration agreement entered between the parties. In general, presence of an arbitration agreement would not invalidate arbitration proceedings that have been initiated under the MSME Act, since the MSME Act is a special statute which would override any agreement between the parties. This position was also upheld by the Supreme Court. However, in those cases, the Supplier had initiated proceedings under section 18 of the MSME Act before the Buyer invoked arbitration under the agreement. These cases did not deal with a scenario where the Buyer invoked arbitration under the agreement where there was no reference of a dispute to the Council. For such situations, it has been held that, if the intention of section 18(4) of the MSME Act was to create a legal bar on a party who has a contract with a Supplier under the MSME Act from invoking section 11 of the Arbitration Act, then the legislature would have expressly provided that the MSME Act overrides any arbitration agreement entered under the MSME Act. Section 18(4) would come into play only in cases where a reference was made to the Council under section 18(1). The Court noted the use of the word “may” in section 18(1) and held that in light of the language used, it cannot be said to be mandatory for a Buyer to refer its dispute to the Council under section 18. Since the jurisdiction of the Council had not yet been invoked, there was nothing barring the court from appointing an arbitrator in terms of the arbitration agreement between the parties.By making section 18 of the MSME Act directory, Buyers have been given a way out to circumvent the provisions under the MSME Act.Q. Porwal Sales, the Buyer in this case, filed an application under section 11 of the Arbitration Act for appointment of an arbitral tribunal under an arbitration agreement between the parties. One of the objections raised by Flame Control Industries was that since it was a supplier within the meaning of the MSME Act, and in light of section 18(4), the jurisdiction of the court to entertain an application under section 11 of the Arbitration Act would be ousted. On the reading of the passage, determine whether the pleading of the Supplier would be entertained?

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Direction: Read the following passage carefully and answer the questions given below:The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat. This Act mandates constitution of legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It also mandates organization of Lok Adalats to secure that the operation of the legal system promotes justice on the basis of equal opportunity. When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court, which can be executed as a civil court decree. In 2002, the Parliament brought about certain amendments to the Legal Services Authorities Act, 1987 to institutionalize the Lok Adalats by making them a permanent body to settle the disputes related to public utility services. The Central or State Authorities may, by notification, establish Permanent Lok Adalats at any Permanent Lok Adalats, for determining issues in connection to Public Utility Services.Public Services include: Transport service. Postal, telegraph or telephone services. Supply of power, light and water to public. System of public conservancy or sanitation. Insurance services and such other services as notified by the Central or State Governments.Permanent Lok Adalats have the same powers that are vested in the Lok Adalats. A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of: any case pending before; or any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws. There is no appeal against any decision made by Lok Adalat.The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure 1908, while trying a suit, in respect of the following matters: Power to summon and enforce the attendance of any witness and to examine him/her on oath. Power to enforce the discovery and production of any document. Power to receive evidence on affidavits, Power for requisitioning of any public record or document or copy thereof or from any court. Such other matters as may be prescribed. Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC. Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.Q.What is the significance of the amendments made to the Legal Services Authorities Act in 2002?

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Lok Adalats have been created undera)Legal Services Authority Actb)Arbitration and Conciliation Actc)Administration of Justice Actd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?

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Lok Adalats have been created undera)Legal Services Authority Actb)Arbitration and Conciliation Actc)Administration of Justice Actd)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Lok Adalats have been created undera)Legal Services Authority Actb)Arbitration and Conciliation Actc)Administration of Justice Actd)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Lok Adalats have been created undera)Legal Services Authority Actb)Arbitration and Conciliation Actc)Administration of Justice Actd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.

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