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Judgment Search Results Home > Cases Phrase: legal services authorities amendment act 2002 section 6 amendment of section 27 Court: jharkhand Page 1 of about 130 results (0.090 seconds)

Jun 19 2006 (HC)

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 .....

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Jul 15 2005 (HC)

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 .....

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Dec 06 2007 (HC)

State of Bihar Vs. Chinibas Mahto and anr.

Court : Jharkhand

Reported in : 2008(56)BLJR1057; [2008(2)JCR47(Jhr)]

..... the jharkhand high court legal services authority was intended to hold a lok adalat on 7th may, 2006. ..... 45/1991(r) and 46/1991 (r) has constituted a committee consisting of conciliator, state legal services authority, mr. ..... in compliance of the aforesaid order a preliminary report was submitted on 27.10.2006 by the committee constituted by this court consisting of law secretary, state of jharkhand, conciliator, state legal services authority, a.g.m. ..... after hearing the parties, this court constituted a committee consisting of conciliator appointed by state legal services authority, mr. ..... ; of jharkhand legal service rehabilitation,authority bokaro sd/- sd/- sd/-(rajiv ranjan) (sandeep tula) (m.p. ..... section 89 was inserted by code of civil procedure (amendment) act, 1999 with effect from 1st july, 2002 and provision was made enabling the court to find out, if there exists element of settlement, which may be acceptable to the parties, to formulate the terms of settlement and give them to the parties for their observation ..... was acquired by the state government under part ii of the act for public purposes and at the public expenses for setting up iron and steel industry in the name of bokaro steel plant and possession of the entire land was given to the respondent-company, i shall have no hesitation in holding that by legal fiction, the entire acquired land vested in respondent-company, namely bokaro steel plant of steel authority of india limited free from all encumbrances. .....

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Sep 10 2003 (HC)

Raj Nandan Prasad Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR411(Jhr)]

..... 39 of 1987), as received by the legal services authorities (amendment) act 1994 (act no. ..... 27th february, 2002 nominated a sitting judge of the high court of jharkhand as the chairman of the high court of jharkhand legal services committee, ranchi, which started functioning in the original office of the erstwhile legal services committee with the help of the employees of such legal services committee such as petitioner.the state of jharkhand vide notification dated 16th october, 2002 published in the gazette adopted 'bihar legal services authority rules, 1996' with certain amendment under section 85 of the bihar re-organisation act, 2000 known as jharkhand state legal services authority.. ..... legal services to the weaker section of the society and to organize lok adalats and to promote legal system of justice came out with an act, known as 'legal services authorities act, 1987' (act 39 of 1987) (for short act, 1987), published in the extra ordinary gazette of india on 4th october, 1987.under section 6 of the act, 1987, the state governments were to constitute a body known as 'state legal services authority' (for short state authority) which is empowered under section 8a of act, 1987 to constitute a committee for their respective high courts, known as 'the high court legal services committee'.a legal services .....

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Apr 23 2007 (HC)

State of Bihar Vs. Chinibas Mahto and anr.

Court : Jharkhand

Reported in : 2007(2)BLJR2724

..... receiving the observation of the parties, to formulate the terms of a possible settlement and to refer the same for settlement through alternative forum for resolution (alternative dispute resolution-adr).the jharkhand high court legal service authority has intended to hold a lok adalat on 7th may, 2006. ..... hearing the parties, this court constituted a committee consisting of conciliator appointed by state legal services authority, mr. ..... such decision were been taken in public interest.section 89 was inserted by code of civil procedure (amendment) act, 1999 with, effect, from 1st july, 2002 and provision was made enabling the court to find out, if there exists element of settlement, which may be acceptable to the parties to formulate the terms of settlement and give them to the parties for their ..... amount, if the original compensation amount would have been paid 45 years back, without contesting the cases.inspite of the aforesaid discussions, no cooperation having been made by the state authorities and as the learned advocate general also failed to pursue the state authorities and did not agree for settlement, we are of the view that apart from decision of the cases on merit, it may be determined 'whether in public interest the state should ..... primary concern of this court is that those raiyats who have been dispossessed from the lands 50 years ago, should get their due compensation which both the state of jharkhand and the steel authority of india are legally bound to pay.11. .....

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May 03 2016 (HC)

Sheo Shankar Giri Vs. The State of Jharkhand Through Its Chief Secreta ...

Court : Jharkhand

..... : one of the main issues raised in the writ petition is, whether appointment of the chairman, permanent lok adalat under section 22b of the legal services authorities act, 1987 must always be made for a term of five years in terms of permanent lok adalat (other terms and conditions of appointment of chairman and other persons) rules, ..... under section 6 legal services authority for the state is constituted ..... the object of providing free legal aid and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, legal services authorities act, 1987 was enacted for constituting statutory legal services authorities at the national, state and ..... the member secretary, jhalsa issued letter dated 22.07.2015 to the district judge cum chairman, district legal services authority of all the districts in which appointment of chairman, permanent lok adalat was made vide notification dated 29.08.2013, to forward the number of cases instituted and the number of cases disposed of during the ..... by the act 37 of 2002, section 22 was amended and chapter via inserting section 22a to 22e was brought on ..... after amendment in section 8 it read, the chairman shall hold office as such for a term of five years from the date on which he enters ..... prior to amendment in 2007, section 8 provided that the chairman, vice chairman and other members shall hold office for a term of five years from the date on which he enters upon his office, but shall be eligible .....

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Jul 29 2008 (HC)

Bharat Sanchar Nigam Limited Vs. the State of Jharkhand and Nanda Dula ...

Court : Jharkhand

Reported in : 2008(57)BLJR49; [2008(4)JCR12(Jhr)]

..... an employee of civil court, dumka filed a complaint petition under section 22(1) of the legal services authority act before the permanent lok adalat, dumka for compensation of rs. ..... that falls for consideration is as to whether a permanent lok adalat established under chapter via of the legal services authority act, 1987 (in short 'the act') can adjudicate and decide and give an award in disputed cases.6. ..... noticed above, chapter via has been inserted in the legal service authority act, 1987 for dealing with the pre-litigation, conciliation ..... the lok adalat has committed error of law and has exceeded its jurisdiction in passing the order of compensation and cost as the permanent lok adalat has no jurisdiction under the legal services authority act to pass order of compensation. ..... section 22-b confers power upon the central authority and the state authority to establish by notification permanent lok adalat at such places for exercising such jurisdiction in respect of one or more public utility services ..... although permanent lok adalat vested with the power under sub-section 8 of section 22-c for deciding the dispute on merit but from reading of the provisions of sub-section (4) to sub-section (7) of section 22-c, it is abundantly clear that the establishment of the permanent lok adalat is mainly and basically for the purpose of deciding the dispute through conciliation and for arriving at an ..... inserted in the act in 2002 (act 37 of 2002) w.e.f. ..... the aforesaid amendment, sections 22-a to 22-e .....

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Apr 28 2009 (HC)

National Insurance Co. Ltd. and ors. Vs. Smt. Sanjori Devi

Court : Jharkhand

Reported in : AIR2009Jhar157

..... has further been submitted that unless the conciliation proceeding was conducted as required under section 22c(4) of the legal services authority act, 1987 it had no jurisdiction to decide the dispute in absence of any compromise ..... aforesaid facts and circumstances of the case and the relevant provision of legal services authority act, the power and jurisdiction of permanent lok adalat and the case law on the issue, the consensus remains that the power under section 22c(8) is there to decide a dispute. ..... a case relating to lok adalat as provided under section 20(3) and (5) of the legal services authority act, 1987.8. ..... ), the hon'ble supreme court upon noticing the provisions of the legal services authorities act, 1987, observed that whereas lok adalat had to arrive at a just settlement in their conciliatory role guided by the principles of justice, equity, fair play and other legal principles, but in that case it assumed a judicial role, heard parties, ignored the absence of consensus, and increased the compensation to an extent it considered just and reasonable, by a reasoned order which ..... a writ of certiorari or any other appropriate writ, order or direction for quashing/setting aside of the award dated 12-12-2006 passed by the permanent lok adalat, dhanbad in exercise of its power under the legal services authority act, 1987 through which he has directed the petitioner to pay rs. ..... was inserted in the act in 2002 {act 37 of 2002) w.e.f. ..... the aforesaid amendment, sections 22-a to 22-e .....

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Dec 06 2007 (HC)

State of Bihar Vs. Chinibas Mahto and anr. and Soma Debya and ors.

Court : Jharkhand

Reported in : [2008(1)JCR451(Jhr)]

..... after receiving the observation of the parties, to formulate the terms of a possible settlement and to refer the same for settlement through alternative forum for resolution (alternative dispute resolution-adr).the jharkhand high court legal services authority has intended to hold a lok adalat on 7th may. ..... 1991 (r) and 46/1991 (r) has constituted a committee consisting of conciliator, state legal services authority mr. ..... state legal services authority, ..... hearing the parties, this court constituted a committee consisting of conciliator appointed by state legal services authority, mr. ..... 22. this notification is made, under the provision of section 4 of act 1 of 1894 as amended by act xxxviii of 1923 to all whom it may concern.objection to the acquisition, if any, filed under section 5a but any persons interested within the meaning of that section on or before the land acquisition officer, ranchi will be considered.sd/- land acquisition officer ..... perhaps it was thought that awards made after the commencement of the amending act 68 of 1984 would be taken care of by the amended section ..... v. jagdamba industrial corporation : [2002]3scr468 , this court has held that a statute can never be ..... 14/03-oa-43/2002 : 3002, ranchi dated 19th september, 2002. ..... no. 187 of 2002 and ..... 2002 and provision was made enabling the court to find out, if there exists element of settlement, which may be acceptable to the parties, to formulate the terms of settlement and give them to the parties for their .....

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May 02 2006 (HC)

State of Bihar Vs. Chinibas Mahto and anr. and Soma Debya and ors.

Court : Jharkhand

Reported in : [2006(3)JCR272(Jhr)]

..... the jharkhand high court legal services authority has intended to hold a lok adalat on 7th may, 2006. ..... section 89 was inserted by code of civil procedure (amendment) act, 1999 with effect from 1st july, 2002 and provision was made enabling the court to find out, if there exists element of settlement, which may be acceptable to the parties, to formulate the terms of settlement and give them to the parties for their observation ..... in that case also, if the state contests the cases and they remain pending for about 45 years and 70 to 80 percent of the awarded compensation is paid with additional compensation, solatium and interest, as provided under section 23(2), in such case after about 40 to 45 years, the state will have to bear much more amount than the amount, if the original compensation amount would have been paid 45 years back, without contesting the cases.8. ..... inspite of the aforesaid discussions, no cooperation having been made by the state authorities and as the learned advocate general also failed to pursue the state authorities and did not agree for settlement, we are of the view that apart from decision of the cases on merit, it may be determined 'whether in public interest the state should contest the case up to appellate stage, if the ..... this fact was brought to the notice of the state authorities, who are present in the court, and it was suggested to compromise the matter and to withdraw the appeals in cases, where compensation amount has been awarded up to rs. .....

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