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2022-01-01 17:37:22 73rd AMENDMENT ACT

The 73rd Constitutional Amendment Act was passed by the Parliament in April 1993. The Amendment provided a Constitutional status to the Panchayati Raj Institutions in India through insertion of Article 243 to Part IX of Indian Constitution.

The Act was enforced upon all the state governments through Constitutional Amendment in Article 243 M, that all states should amend their Panchayat Acts in conformity with the Constitutional provisions.

It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level"

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2021-12-02 10:02:26 Limitation Period:

1. The time for filing first appeal in civil cases is 30 days.

2. The time for filing second appeal in civil cases is 60 days.

3. The time for filing civil revision is 90 days.

4. Limitation period of appeal in capital punishment, 7 days.

5. Limitation period of appeal From Magistrate to Sessions Court, 30 days.

6. Limitation period of appeal From Sessions Court to High Court, 60 days.

7. Limitation period of appeal From High Court to Supreme Court, 30 days.

8. Limitation period of appeal From High Court to Supreme Court in special Leave to
Appeal, 30 days.

9. Limitation period of appeal From Magistrate to High Court in acquittal in Challan
Case is 30 days and in Complaint Case 60 days.

10. Limitation period of appeal From Sessions Court to High Court in acquittal in Challan
Case is 30 days and in Complaint Case 60 days.

11. Limitation period of appeal From High Court when case decide by it in its original
jurisdiction and to Division Bench than 20 days in acquittal or conviction as the case
may.

12. Plaintiff has a time of 6 years to file execution.

13. Limitation in civil suits is 3 years from the cause of action.

14. Article 150. Appeal from death sentence to High Court-7 days.

15. Article 151. High Court order on original side-appeal-20 days.

16. Article 154. Appeal to any Court other than High Court-30 days.

17. Article 155. Criminal appeal to High Court-60 days.

18. Article 157. Appeal from acquittal by State-6 months.
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2021-11-07 08:36:57 Lok Adalats: All You Need to Know

INTRODUCTION
Lok adalat is similar to a civil court can be organised by the State Authority, the District Authority, The Supreme Court Legal Service Committee or High Court Legal Services Committee at such intervals and places as deemed appropriate. Lok Adalts are created under Legal Services Authority Act 1987 

JURISDICTION AND TYPES OF CASE

A lok Adalt has jurisdiction to determine and arrive at a compromise or settlement between the parties to compromise or settlement between the parties to the dispute. It deals with the cases where The parties to the dispute agree to refer the issue to parties to Lok Adalt One of the parties approaches the Lok Adalt and Lok Adalt is satisfied that there are chances of settlement. In such case , the Adalt issues notices to the other party In the opinion of the Lok Adalt, the cognizance of the dispute can be taken. 

CASES THAT CANNOT BE TAKEN UP

The offences, which are compoundable under any Law, cannot be brought within the purview of the Lok Adalt. This implies that the Lok Adalt has no authority of its own, to pass judgements. 

AWARDS OF LOK ADALT

Their awards are in the form of consent decrees No appeal lies against such awards which is binding on all parties 

PROCEDURE AND POWERS

Civil Procedure Code is applicable which means the Lok Adalt can send summons, take evidence on oath, initiative ex-party proceedings and determine court procedures. 

WHERE COMPROMISE IS NOT REACHED

The case shall be returned back to the court from which the references was received for continuing with the case, there. 

RBI GUIDELINES ON LOK ADALTS

To make increasing use of the forum of Lok Adalts to settle banking disputes involving smaller amounts, RBI during April 2001 advised bank and financial institutions to follow the following guidelines for implementation: 

AMOUNT

Cases involving an amount up to Rs. 30 lakh may be referred to Lok Adalats 

BORROWERS

All NPA accounts, both suit filed and non-suit filed which are in “doubtful” and “loss” category. NO cut off date is suggested since Lok Adalat is an on-going process. 

SETTLEMENT FORMULA

It would be flexible with following essential parameters A decree should be sought from the Lok Adalat for the principal amount and interest claimed in the suit and after full payments of decree amount, a discharge certificate should be issued by the bank/financial institutions. Repayment period to be within 1-3 years The negotiated agreement should contain a default clause. If borrower does not pay due amount regularly, within the repayment period, entire debt will fall due for payments and bank may initiate legal proceedings The representing Offices should have sufficient powers to accept the comparises worked out within bank policy framework and should respond pro-actively to the suggestion of the Presiding Officer of the Lok Adalat. 

DRT LOK ADALTS

Banks can take up matters where outstanding exceed the ceiling of Rs. 20 lac, with Lok Adalats organised by the Debt Recovery Tribunals / Debt Recovery Appellate Tribunals. 

SUPREME COURT SUGGESTION

Supreme Court has suggested that personal loan cases up to Rs. 10 lac should preferably settled through Lok Adalts.

ORGANISATIONAL ARRANGEMENTS

The individual banks and financial institutions should be more pro-active and should take the responsibility of organising Lok Adalts. The institutions should get in touch with State/ District/ Taluk level Legal Services authorities for organising Lok Adalats. The banks should report the progressing to RBI at quarterly intervals within one month from the quarters ending MARCH, June, September and December. RBI monitors the progress made by the institutions in effecting recovery under the scheme

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2021-10-31 09:21:54 Open / Comment

2021-10-28 19:01:53 Council of Ministers in states

In a Parliamentary form of government, the council of ministers headed by the
Chief Minister is the executive authority.

The states under the Indian constitution are organised on the pattern as that of
the centre.

The Council of Ministers in the state is a replica of the council of Ministers at
the centre.

They resemble in formation, function and role in the administration.

The constitution provides a broad and general view of the principles of Parliamentary system of Government in Article 163 and Article 164 .

Council of ministers are there to aid and advise the Governor of the state in
various matters.
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