Judgment Search Results Home > Cases Phrase: legal services authorities amendment act 2002 section 6 amendment of section 27 Page 1 of about 21,149 results (0.253 seconds)

Ajay Sinha Vs. the Branch Manager, United India Insurance Co. Ltd. and ...

Court : Jharkhand

Reported in : AIR2006Jhar113; [2006(3)JCR404(Jhr)]

..... on the other hand, chapter vi a inserted by legal services authority (amendment) act, 2002 deals with 'permanent lok adalat'. ..... it was argued that the insurance claim was not maintainable before permanent lok adalat.the permanent lok adalat, ranchi entertained the claim for a pre-litigation conciliation and settlement under section 22-c of the legal services act, 1987 (hereinafter referred to as act, 1987) and by order dated 4 th january, 2004, answered the preliminary issue, in affirmative but against the insurance company, it held that the application for insurance claim was maintainable before the permanent lok ..... 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(iii) supply of power, light or water to the public by any establishment;or(iv) system of public conservancy or sanitation; or(v) service in hospital or dispensary; or(vi) insurance service, and includes any service which the central government or the state government, as the case may be, may, in the .....

National Insurance Co. Ltd. Vs. Raj Enterprises and ors.

Court : Rajasthan

Reported in : 2007(3)WLN160

..... final settlement of their claim; but, they did not accept the offer made by the petitioner company and preferred petition under section 22-b of the legal services authorities (amendment) act, 2002 before the permanent lok adalat, jodhpur.4. ..... force in the contention of the learned counsel for the petitioner that the permanent lok adalat has decided the matter on merit in contravention of sub-section (7) of section 22-c of the act of 2002.11. ..... permanent lok adalat could decide the dispute only in such conditions where the parties have failed to reach an agreement under sub-section (7) of section 22-c of the act of 2002. ..... that survey report was submitted by the surveyor on 05.08.2002 and the vouchers were filed by the surveyor to the company on 03.02.2003; meaning thereby, the occurrence took place in the month of february 2002 and the survey report was filed in august 2002 and vouchers were submitted by the surveyor in february 2003 ..... according to learned counsel for the petitioner, sub-section (7) of section 22-c provides that when permanent lok adalat is of the opinion that there exist elements of settlement which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispute ..... now, upon perusal of the policy, vide section 1 of the policy with regard to building and contents whereunder the company will indemnify the insured in respect of loss or damage of the building/contents mentioned in the insurance policy by fire, lightening, explosion .....

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... 2013 -3- the claim having been repudiated respondent/daljit kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act . ..... ananto and another; 2007(10) scc 74.holding that the pla can be approached under section 22-c(1) of the act at the pre- litigation stage and having received applications and invited written statements and documents or evidence in support of either party, it can commence conciliation proceedings under sub section (4) and (5) of section 22-c of the act in order to assist the parties to reach an amicable settlement of the dispute in ..... section 45 of the insurance act, 1938 was pressed into service which allows an insurance company to call off a policy of life insurance of the kind in question on the ground of concealment of material facts within two years from the date of ..... such contracts they are expected to verify facts for themselves and assess the medical condition of the proposed life assured through its own panel doctors for which service, service charges are built into the insurance premium. ..... to reach to the final conclusion it shall given jurisdiction to the pla pus to invoke sub-section (8) to decide margin finally by applying the principles of fair play, equity, natural justice, objectivity as provided under section 22d of the act. ..... and since no settlement could be arrived at, pla proceeded to decide the case on merits under section 22-c (8) of the act. .....

The Branch Manager, United India Insurance Company Ltd., Doranda Branc ...

Court : Jharkhand

Reported in : IV(2005)ACC356; 2005(3)BLJR2017; [2005(3)JCR366(Jhr)]

..... chapter vi-a has been inserted in the said act by virtue of legal services authorities (amendment) act, 2002 which provides, inter alia, for constitution of permanent lok adalat for the purpose of pre-litigation, conciliation and ..... no doubt, chapter vi(a) has been inserted in the legal services authority act, 1987 by amendment act of 2002 for constitution of permanent lok adalat for the purpose of pre-litigation conciliation and settlement, but the whole object of the act is to provide free legal and competent legal services to the weaker section of the society to ensure that opportunities for security justice are not denied to any citizen by reason of economic or other ..... permanent lok adalat after entertaining the claim application for pre-litigation conciliation and settlement under the provisions of section 22-c of the legal services authorities act, 1987 proceeded to decide the preliminary issue with regard to its jurisdiction and held that it has jurisdiction to entertain the application and further held that application is maintainable before the permanent lok ..... the legal services authorities act, 1987 has been enacted to constitute 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 and to organize lok adalats to secure that the operation of the legal system promotes justice on the basis of .....

United India Insurance Co. Ltd. Vs. Ajay Sinha and anr.

Court : Supreme Court of India

Reported in : AIR2008SC2398; 2008(5)ALD1(SC); 2008(2)ARBLR425(SC); JT2008(6)SC517; 2008MhLJ329; (2008)6MLJ832(SC); 2008(8)SCALE509; (2008)7SCC454

..... no doubt chapter vi-a has been inserted in the legal services authority act, 1987 by amendment act of 2002 for constitution of permanent lok adalat for the purpose of pre- litigation, conciliation and settlement, but the whole object of the act is to provide free legal and competent legal services to the weaker section of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. ..... the statement of objects and reasons for enacting the amendment act is as under:the legal services authorities act, 1987 was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any citizen by reason of economic or other disabilities and to organize lok adalats to ensure that the operation of the legal system promoted justice on a basis of equal opportunity. ..... legal services authorities act, 1987 (the act) was enacted to constitute legal services authorities to provide for free and competent legal service to the weaker sections of the society, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize lok adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.2. .....

Public Prosecutor, High Court of A.P. Vs. Basireddy Verma Reddy

Court : Andhra Pradesh

Reported in : 2008(2)ALD(Cri)570; 2008(3)ALT(Cri)199; 2009CriLJ840

..... 1: so far as the first issue is concerned, for better appreciation, we have to look into the provisions of the legal services authorities act, 1987, as amended by act 59 of 1994 and act 37 of 2002 (for brevity 'the act').6. ..... therefore, legally the amendment was made applicable insofar as section 354 i.p.c. ..... for the sake of convenience and ready reference, it is apt to extract sub-section (5) of section 19 of the act, which is relevant, is thus:(5) 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-(i) any case pending; or(ii) any matter which is falling within the jurisdiction and is not ..... the lok adalats have the powers only to the limited extent, as pointed out earlier, under section 22 of the act, and those powers by themselves would not convert or designate the lok adalat as a 'court'.16. ..... in section 2(aaa) of the act, 'court' is defined as 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.7. ..... , is triable by court of sessions and the learned magistrate has no jurisdiction to record the order of acquittal under section 320(8) cr.p.c; andsecondly; the magistrate ought to have forwarded the order passed by the lok adalat and the case papers to the court, which has got jurisdiction, for recording acquittal.4. .....

Anita Chauhan Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2003)133PLR185

..... the lok adalat is constituted under section 19 of the legal services authorities act, 1987 (hereinafter referred to as the 'act'). ..... it was specifically stated that as per the state government policy dated december 22, 1970 which has been attached as annexure p/5 with the petition had been amended and as per amended policy, the benefit of employment on ex gratia and other pensionary benefits were to be granted only to the family member of the deceased employee working on regular basis and not on adhoc basis.3 ..... 37 of 2002 and has become operative with effect from june 22, 2002. ..... 17033 of 2002 for setting aside the order has been rendered infructuous ..... 4377 of 2002 and set aside the order dated october 8, 2001 passed by the lok ..... of haryana and ors.2, (2002-2)131 p.l.r. ..... 4377 of 2002 whereby the objections have been filed against the order of the lok adalat may be noticed as follows ..... 4377 of 2002 the state of haryana-respondent has separately filed objections against the aforesaid order passed by the lok ..... 17033 of 2002 is for staying the operation of order dated october 8, 2001 passed by the lok ..... , keeping in view the facts and circumstances of the case, i order that the main writ petition to be heard on merits on november 28, 2002.21. ..... 37 of 2002, the lok adalat could give an award even if there was no amicable settlement between the parties to the ..... request of the corporation to have the matter decided by the court was declined by the lok adalat vide its order dated november 24, 2002. .....

All Guwahati Educated Unemployed Hawkers Association and Etc. Vs. All ...

Court : Guwahati

..... member-secretary, assam state legal services authority in pursuance of the provisions of section 22b(1) of the act issued notices to the writ petitioners taking cognizance of various complaints received by him from different persons for adjudication of the disputes raised in accordance with the provisions of chapter via of the act. ..... section (1) empowers the state government to constitute legal services authority for the state to exercise the powers and to discharge the functions under the act. ..... to be answered in this batch of writ petitions is whether the member-secretary, assam state legal services authority is authorized under the provisions of the legal services authorities act, 1987, hereinafter referred to as the 'act', to invoke and exercise the powers vested with a permanent lok adalat under the provisions of chapter via of the act?2. ..... chapter iii of the act provides for constitution of the state legal services authority and defines its powers ..... taken into consideration the provisions in the national legal services authority rules, 1995; the permanent lok adalat (the terms and conditions of appointment of chairman and the persons) rules, 2003 and the assam state legal services authorities regulations, 1998. ..... is no room for doubt that a permanent lok adalat is a concept introduced by the amendment act no. ..... the other hand, chapter via, introduced by way of amendment in 2002, consists of section 22a to 22e. ..... 37 of 2002 to deal with and dispose of disputes at a pre-litigation .....

Lalkanglova Sailo Vs. Ngurthantluangi Sailo

Court : Guwahati

..... the award made by the lok adalat is as, 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 (vide section 22(2) of the legal services authorities act, 1987 (as amended up to 2002). 10. ..... review petitioner has also placed on record a notification dated 07/12/2005 issued by the member secretary, mizoram state legal services authority which was issued in exercise of powers conferred under sub section (1) of section 19 of the act nominating various members to constitute benches of permanent lok adalats in the districts. ..... ultimately, as the matter could not be settled between the parties, the lok adalat passed the award under section 22(2) of the legal services authorities act, 1987 in the following terms:- 1. ..... following the mandate of article 39-a of the constitution of india which enjoins upon the state to secure to the citizens that the operation of the legal system promotes justice on the basis of equal opportunity and to provide free legal aid by suitable legislation or schemes or in any other way so that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, the parliament had enacted the legal services authorities act, 1987 (supra). ..... chapter vi of legal services authorities act, 1987 deals with the subject of lok adalats ..... via comprising of sections 22a to 22e was inserted into the act by way of an amendment made in the year 2002. .....

New India Assurance Company Ltd. Vs. Sabharathnam @ Sabha Rathinam,

Court : Kerala

Reported in : AIR2009Ker71; 2009(1)KLT153

..... chapter vi-a of the act was substituted by amendment of the legal services authorities act brought about in the year 2002. ..... it was contended that the permanent lok adalath has no jurisdiction to adjudicate the matter under section 22c(8) read with section 22d of the legal services authorities act, 1987, (hereinafter referred to as the act). ..... but this is a matter for adjudication by a court on an aspect which essentially involves a claim by an injured person against a tortfeasor and that, in my view is not comprehended by the term 'insurance service' as occurring in section 22a(b)(vi) of the legal services authorities act. ..... section 22b(1) reads as follows:22b(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.7. ..... 'public utility service' is defined under section 22a(b) of the act and the claim made by the injured or legal representatives of the deceased person, in a petition claiming compensation for injuries suffered in a motor accident, will not be a dispute touching upon the insurance service as defined under section 22a(b) of the act. ..... the term insurance service as defined under section 22a(b)(vi) of the legal services authorities act could be judged in the said context. .....