Event

Thursday, 6 July 2023

0804 Session 7 of Certificate Course on Advocacy Skills 23rd June 2022 Adv Sangramsingh Bhosle

Session 7 of Certificate Course on Advocacy Skills 23rd June 2022 Adv Sangramsingh Bhosle

Session 7 of Certificate Course on Advocacy Skills 23rd June 2022 Adv Sangramsingh Bhosle 3

Session 7 of Certificate Course on Advocacy Skills 23rd June 2022 Adv Sangramsingh Bhosle 4

Saturday, 1 July 2023

0804 Who are Entitled to Free Legal Services?

Who are Entitled to Free Legal Services?

The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;

(d) A mentally ill or otherwise disabled person;

(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) An industrial workman; or

(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or

(h) a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.

The Income Ceiling Limit prescribed u/S 12(h) of the Act for availing free legal services in different States has been stated below:

	States/Union Territories	Income Ceiling Limit (Per Annum)
1.	Andhra Pradesh	Rs. 3,00,000/-
2.	Arunachal Pradesh	Rs. 1,00,000/-
3.	Assam	Rs. 3, 00, 000/-
4.	Bihar	Rs. 1,50,000/-
5.	Chhattisgarh	Rs. 1,50,000/-
6.	Goa	Rs.3,00,000/-
7.	Gujarat	Rs.1,00,000/-
8.	Haryana	Rs. 3,00,000/-
9.	Himachal Pradesh	Rs. 3,00,000/-
10.	Jammu & Kashmir	Rs. 3,00,000/-
11.	Jharkhand	Rs. 3,00,000/-
12.	Karnataka	Rs. 3,00,000/-
13.	Kerala	Rs. 300,000/-
14.	Madhya Pradesh	Rs. 2,00,000/-
15.	Maharashtra	Rs. 3,00,000/-
16.	Manipur	Rs. 3,00,000/-
17.	Meghalaya	Rs. 3,00,000/-
18.	Mizoram	Rs. 25,000/-
19.	Nagaland	Rs. 1,00,000/-
20.	Odisha	Rs.3,00,000/-
21.	Punjab	Rs. 3,00,000/-
22.	Rajasthan	Rs. 3,00,000/-
23.	Sikkim	Rs. 3,00,000/-
24.	Telangana	Rs.3,00,000/-
25.	Tamil Nadu	Rs. 3,00,000/-
26.	Tripura	Rs. 1,50,000/-
27.	Uttar Pradesh	Rs. 3,00,000/-
28.	Uttarakhand	Rs. 3,00,000/-
29.	West Bengal	Rs. 1,00,000/-
30.	Andaman & Nicobar Islands	Rs.3,00,000/-
31.	Chandigarh UT	Rs. 3,00,000/-
32.	Dadra & Nagar Haveli UT	Rs. 15,000/-
33.	Daman & Diu	Rs. 1,00,000/-
34.	Delhi	Rs.3,00,000/-
35.	Ladakh	Rs. 1,00,000/-
36.	Lakshadweep	Rs. 3,00,000/-
37.	Puducherry	Rs. 1,00,000/-

Source : National Legal Service Authority

2. Is a woman irrespective of her income/financial status eligible for free legal aid?

Yes, a woman is entitled for free legal aid irrespective of her income or financial status. A woman is eligible to apply for free legal aid by virtue of Section 12(c) of the Legal Services Authorities Act, 1987.

3. Till what age can a child apply for free legal aid?

A child is eligible for free legal aid till the age of majority i.e. 18 years. This is effectuated by Section 12 (c) of the Legal Services Authorities Act, 1987.

4. Are senior citizens eligible for free legal aid?

Senior citizens’ eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard.

In Delhi for example, senior citizens are eligible for free legal aid subject to prescribed ceiling of annual income. Any individual above the age of 60 can apply for free legal aid/services.

5. Am I eligible for free legal aid if I do not earn/have enough money to pay for my case?

Yes, you are eligible for free legal aid if you fulfil the criteria under Section 12 (h) of the Legal Services Authorities Act, 1987. It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for free legal aid. The income ceiling limit as prescribed by different States/Union Territories has been stated in the table in FAQ no. 1.

As per Section 13(2) of the Act, an affidavit made by a person as to his income is generally regarded as sufficient for making him/her eligible for the entitlement of legal services under the Act, unless the concerned Authority has reasons to question or disbelief such affidavit.

0804 Career Opportunities for Building Lawyer in the Arbitration and Conciliation

Career Opportunities for Building Lawyer in the Arbitration and Conciliation

As a Building Lawyer specializing in Arbitration and Conciliation, you can explore various career opportunities in the construction industry, legal firms, and alternative dispute resolution organizations. Here are some potential career paths:

Construction Law Firm:

Joining a construction law firm that handles arbitration and conciliation cases would be a natural fit for your expertise. You can work as an associate or partner, representing clients in construction-related disputes, negotiating settlements, and advocating for them in arbitration or conciliation proceedings.

In-House Counsel:

Many large construction companies and real estate developers have in-house legal teams to handle their legal matters. You can join such companies as an in-house counsel specializing in arbitration and conciliation. Your role would involve advising the company on legal issues, drafting contracts, and representing the company in dispute resolution proceedings.

Arbitration and Mediation Centers:

Numerous organizations specialize in providing arbitration and mediation services. They often have panels of legal experts who are appointed as arbitrators or mediators in construction disputes. You can apply to become a panel member and work on cases referred to the center for resolution.

Types of Legal Services Authorities Under Act 1987

The Legal Services Authorities Act, 1987 in India provides for the establishment of various legal service authorities to ensure access to justice and legal aid for all sections of society. Here are the types of legal service authorities established under the Act:

National Legal Services Authority (NALSA):

NALSA is the apex body at the national level responsible for implementing and monitoring legal aid programs and policies across the country. It formulates policies and strategies for effective legal services and coordinates with the State Legal Services Authorities (SLSAs) for their implementation.

State Legal Services Authorities (SLSAs):

Each state in India has its own State Legal Services Authority, which is responsible for implementing legal aid programs and policies at the state level. SLSAs work closely with District Legal Services Authorities (DLSAs) and other agencies to ensure legal aid reaches the needy.

Benefits , Advantage and Disadvantages of Lok Adalat:

Lok Adalat offers several benefits and advantages that make it a preferred method of dispute resolution for many litigants. Some of the key benefits include:

Speedy Resolution:

One of the primary advantages of Lok Adalat is the quick disposal of cases. As compared to traditional court proceedings, Lok Adalat provides a speedy resolution as it emphasizes conciliation and compromise. Cases that have been pending for a long time in regular courts can often be resolved within a single day in Lok Adalat.

Cost-effective:

Lok Adalat is a cost-effective method of dispute resolution as it eliminates or reduces the expenses associated with prolonged litigation. The parties involved in the dispute do not have to bear the expenses of court fees, advocate fees, and other legal costs. This makes justice more accessible to economically weaker sections of society.

Informal Setting:

Lok Adalat proceedings are conducted in an informal and friendly environment. The litigants can freely express their concerns, negotiate, and participate actively in the resolution process. This informal setting helps in reducing the stress and tension associated with traditional court proceedings.

Scope of Lok Adalat

Lok Adalat, which means "People's Court," is an alternative dispute resolution mechanism provided under the Legal Services Authority Act, 1987. It aims to provide speedy and cost-effective justice to the litigants. Lok Adalat has a broad scope and covers various types of cases, including civil, criminal, matrimonial, and compoundable offenses.

The scope of Lok Adalat includes:

Civil Cases:

Lok Adalat has the authority to settle civil disputes, such as property disputes, partition suits, landlord-tenant disputes, contract disputes, and other civil matters. The parties involved in the dispute can approach the Lok Adalat to resolve their issues through conciliation or compromise.

Matrimonial Cases:

Lok Adalat handles matrimonial disputes, including divorce, child custody, alimony, and maintenance cases. The Lok Adalat provides a platform for the parties to discuss their issues and arrive at a mutually acceptable solution with the assistance of legal professionals.

Criminal Cases:

Lok Adalat deals with certain types of criminal cases that are compoundable offenses, i.e., offenses where the victim and the accused can reach a compromise. These offenses include petty offenses, traffic violations, and minor criminal offenses. The Lok Adalat encourages reconciliation between the parties involved and facilitates the withdrawal of criminal charges.

Motor Accident Claims:

Legal Services Authority Act 1987

A Comprehensive Analysis of Legal Authorities at National, State, District, and Taluka Levels

Introduction:

The Legal Services Authority Act 1987 is a crucial legislation in India that aims to provide free legal aid and services to the marginalized and underprivileged sections of society. The act establishes various legal authorities at different levels to ensure access to justice for all citizens. This assignment will explore and explain the legal authorities at the national, state, district, and taluka levels under the Legal Services Authority Act 1987.

I. National Level Legal Authority:

At the national level, the key legal authority established under the Legal Services Authority Act 1987 is the National Legal Services Authority (NALSA). NALSA is responsible for formulating policies and implementing programs for the effective implementation of legal aid and services across the country. It coordinates and monitors the activities of State Legal Services Authorities and ensures uniformity and consistency in legal aid schemes and programs throughout India.