Legal Services includes providing Free Legal Aid to the weaker sections of the society, creating awareness of law of the land by spreading legal literacy and thereby making them enjoy their rights and facilities provided for them AND organizing Lok Adalats and through them amicably settling the disputes which are pending or which are yet to be filed, by way of compromise.
When a person has to approach court of law in order to get / protect / enjoy his rights. OR - When a person has to defend his rights in a case which has been filed against him in a court of law. OR - When a person has to apply to an office for getting the facility provided by any law or if some one has submitted an application against him he has to defend himself. Providing him free legal advice and also an advocate is appointed at the cost of the Legal Services Authority to defend his right / to get him his right. The Authority also bears court fee, typing charges, verification of the copies is known as FREE LEGAL AID.
When getting free legal aid is depending on the income of the person who is seeking the free legal aid should satisfy the legal services unit that he has a reasonably good chance of succeeding in his case (a prima facie case.) and then he / she has to give an ‘Affidavit’ regarding his / her ‘Annual Income’. So, income certificate is not necessary always. Similarly no certificate is necessary which evidences that you belong to SC or ST category but only an affidavit is enough.
There is no such bar. The person who is in need of legal aid from the Authority shall satisfy that he has a prima facie case in respect of which he wants to have legal aid from the Authority.
‘Free Legal Aid/Service’ is provided in respect of cases irrespective of the fact that whether the case is at lowest level court or Concerned Court of India. This means that legal aid is provided irrespective of the court / office in which that case is to be adjudged.
If a person wants to have free legal advice he can approach the nearest :-
>> ‘District Legal Services Authority’in the premises of the’ Sadar- Judgeship Court- at –‘A.D.R Center, Nadia’.
>> ‘Sub-Divisional Legal Services Committee’ in the premises of ‘Sub-Divisional Courts’ , respectively.
No, this is not true. It is with a view to providing easy and inexpensive access to the Concerned Court and giving legal advice that the Appropriate Authority has been constituted under the Legal Services Authorities Act,1987.
However, even in above cases, the Chairman of the Appropriate Authority can, in an appropriate case, direct that legal aid be granted). Proceedings where a person seeking legal aid or advice is concerned with the proceeding only in a representative or official capacity or If a formal party to the proceedings, not materially concerned in the outcome of the proceedings and his interests are not likely to be rejudiced on account of the absence of proper representation.
The Appropriate Authority has a panel of competent Advocates-on-Record with certain minimum number of years of experience who handle the work of screening papers and handling the cases in the Concerned Court. In addition, the APPROPRIATEAUTHORITY has a full time Legal Consultant-cum-Executive Lawyer who handles queries / both in person as well as through post. The Legal Consultant also screens papers. Although the applicant cannot get a lawyer of his or her choice, the APPROPRIATE AUTHORITY ensures that only competent lawyers are entrusted with these cases. The papers will be screened in order to determine that the eligibility criteria are satisfied. Normally within fifteen days of the receipt of your papers, you will be informed of the decision of the APPROPRIATE AUTHORITY , in writing, either granting or refusing legal aid.
If a person is aggrieved by an order of refusal, he could appeal to the Chairman of the APPROPRIATE AUTHORITY
You will be sent an affidavit and vakalatnama by the APPROPRIATE AUTHORITY which will have to be signed by you and sent back to the APPROPRIATE AUTHORITY by post. The affidavit has to be attested by a notary or Commissioner of Oaths. You may need to pay not more than five rupees for this. However, if you in jail, the affidavit and the vakalatnama have to be countersigned by the Jail Superintendent. In addition he has to give a certificate of detention in the prescribed format, which will also be sent to you by the APPROPRIATE AUTHORITY . This has to be returned at the earliest to the APPROPRIATE AUTHORITY with the affidavit and vakalatnama.
Meanwhile, your case will be assigned to an Advocate on Record (AoR) on the panel of the APPROPRIATE AUTHORITY . The AoR will draft the petition and file it in the Concerned Court after the signed vakalatnama and the signed and attested affidavit (and the certificate if you are in jail) is received by the APPROPRIATE AUTHORITY , The AoR who is assigned the case will argue it on your behalf in the Concerned Court. In exceptional cases, if you make a request in this behalf and if the APPROPRIATE AUTHORITY feels it is justified, a senior advocate can be requested to appear on your behalf. No fees are required to be paid by you for this purpose. You will be informed by the APPROPRIATE AUTHORITY of the name of the AoR and you will receive intimation through post on the progress of your case, from time to time. You will also be sent copies of all the documents filed on your behalf and by the opposite parties and you will be intimated, from time to time, if there is any other information you are required to provide. You will be informed of the outcome of your case and given copies of the relevant orders passed by the court.
Barring the cost of getting the affidavit attested (and even this is not applicable if one is in jail) and postage for sending papers to the APPROPRIATE AUTHORITY , the legal aid grantee is not required to pay anything for any of the above services. They are absolutely free. The lawyers on the panel of the APPROPRIATE AUTHORITY are paid an honorarium of Rs.2,000/- per case by the APPROPRIATE AUTHORITY itself.
(Krishnagar Judges' Court Compound)
>> Krishnagar, Nadia, W.B.
>> Pin: 741101
>> Mobile: +91 8584859836
>> Office/Fax: 03472-259432
A Court which has been organized by ‘High Court Legal Services Committee’ or ‘District Legal Services Authority’ or ‘Sub Divisional Legal Services Committee’ for the purpose of amicably settling a dispute between two parties by way of compromise is called LOK ADALAT.
In every Lok Adalat minimum two conciliators function. One of them is a sitting or retired judge and another or other conciliator / conciliators shall be an advocate or social worker or expert / experts in that particular field.
Call for any Public Documents from any Public office or court.
The Courts established by National Legal Services Authority or State Legal Services Authority for the purpose of speedy disposal of disputes pertaining to Public Utility Services and not yet recorded in any court of law, by way of compromise, is called Permanent Lok Adalats.
National Legal Services Authority or any State Legal Services Authority can establish in any place of a State, in respect of any field in respect of any one or more Public Utility Service Permanent Lok Adalats.
Every Permanent Lok Adalat has a District Judge as the Chairman and two members who are having sufficient experience in Public Utility Services nominated by the State Government on the recommendations of Central / State Government.
Cases where the value of dispute is more than ten Lakh rupees are not decided by Permanent Lok Adalat. Similarly cases pertaining to Non-compoundable offence / offences are not taken up by Permanent Lok Adalat.
The Chairman and the Members of Permanent Lok Adalat guide the parties to the dispute to amicably resolve the dispute. If the parties to the dispute compromise the dispute is adjudicated as per the conditions of the compromise. If conciliation fails and if the dispute is not in respect of any offence after recording the evidence of both the parties. The Chairman and the members give unanimous or majority verdict. No court fee is charged. As the procedure adopted here is very simple the disputes get adjudged quickly.
The Judgement of the Permanent Lok Adalat is final and binding on both the parties.
>> - The Judgement of the Permanent Lok Adalat is not appealable nor can it be called in question in any Suit or Execution Proceedings.
>> - By filing Execution Petition in the Civil Court you can get the Judgement of Permanent Lok Adalat executed.