subordinate courts Flashcards
Who appoints posts and promotes district judge?
Governor of the state in consultation with the High Court
What are the qualifications of being a district judge?
How are other judges(other than district judge) to judicial service appointed?
By the governor of the state, after consultation with state, Public service commission and High Court
Hierarchy of hc
Can sessions judge, impose life, imprisonment, and capital punishment?
Yes, but capital punishment passed by him is subject to the confirmation by the High Court. Whether there is an appeal or not.
What are the powers of chief judicial magistrate
Decide the criminal cases which are punishable with imprisonment for a term of up to 7 years
Powers of judicial magistrate
Tries criminal cases which are punishable with imprisonment for a term up to 3 years
What does article 39A of the Constitution say?
Provides for free legal aid to the poor and weaker section of society and ensure justice for all
NALSA
National legal services Authority to monitor and evaluate implementation of legal aid programmes and to laydown policies and principles for making legal services available under the act
What are the functions of state, legal services, authorities, district, legal services, authorities, Taluk, legal services authorities
What are lok adalats
Forum where cases which are pending in a court or which are at pre-litigation, stage are compromised or settledin an amicable manner
Is Lok Adalat a component of ADR?
Yes
Lok Adalat has been given statutory status under which act
Legal services act 1987
Who are the chairman and members in Lok Adalat
Judicial officer, as the chairman and a lawyer and a social worker as members
What is the jurisdiction under Lok Adalat?
Matters dealt by lok adalat
Family disputes, criminal cases, land acquisition, cases, labour disputes, workmen, compensation, cases, bank, recovery cases, pension cases. Disputes relating to telephone bills, municipal matters, including house, tax cases, et cetera.
What are compoundable offences?
Criminal offences where victim can make a compromise or settlement with an accused
Can Lok Adalat be deemed as a civil court?
All proceedings before a local Adalat shall be deemed to be judicial proceedings within the meaning of the Indian penal code, and every Lok Adalat shall be deemed to be a civil court for the purpose of the code of criminal procedure
Are the awards by Lok Adalat final and binding?
Yes, and in fact to all the parties of the dispute. No appeal shall lie to any court against the award of the Lok Adalat.
When was permanent Lok Adalat established?
In 2002 through legal services, authorities amendment act 2002
What was the need to bring permanent Lok Adalat?
The major drawback in the existing scheme of organisation of the local Gola under the said act is that the system of Lok Adalat is mainly based on compromise or settlement between the parties. If the parties do not arrive at at any compromise of settlement, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law.
With what cases do permanent look, adalat deal with?
Cases pertaining to public utility services such as Mahanagar telephone Nigam Limited, Delhi Vidyut Board, which need to be urgently settled so that people get distance without delay even at stage
Who can be a chairman of permanent Lok Adalat?
One who has been a district judge or additional district judge or held judicial office, higher in rank than that of district judge and two other persons having adequate experience in public utility services
Jurisdiction of PLA
Public utility service services like transport services, postal telegraph, telephone services, supply of light, power, sanitation services, insurance services, Hospital services
