CASES CONSIDERED UNDER NATIONAL LOK ADALAT (Organised by State Legal Service Authorities)

 Following types of cases (pre-litigation and pending) may be taken up for settlement in the aforesaid National Lok Adalat:

(A). Pre-litigation: All type of Civil and Compoundable Criminal cases, as may be permissible under the Act/Regulations may be taken up. The data and record of registration of cases be maintained by DLSA/HCLSC or TLSC under the directions of SLSA. SLSA will make all endeavours to promote registration of prelitigation cases and services of notices through digital platforms/online mode to ease pressure on conventional system.

(B). Pending in the Courts: All type of civil and compoundable criminal cases including following:

i. Criminal Compoundable Offences;

ii. NI Act cases under Section 138;

iii. Money Recovery cases;

iv. Motor Accident Claim cases;

v. Labour dispute cases;

vi. Disputes related to Public Utility services such as Electricity & Water Bills cases etc. (excluding non-compoundable);

vii. Matrimonial disputes (except divorce)

viii. Land Acquisition cases;

ix. Services matters including pension cases;

x. Revenue cases, pending before High Court and district Courts; NALSA Page 4 of 4

xi. Other civil cases (rent, easmentary rights, injunction suits, specific performance suits etc.).

9. During the year, Lok Adalats on specific subject matter such as MAC, IPR etc. may also be organised, therefore it is requested that the SLSA in consultation with concerned stakeholders will also plan and organise Lok Adalats for:

A. Motor Accident claims/ Land acquisition cases/ family disputes cases in the months of March, July and October 2023 on dates to be notified later either by SLSA concerned or NALSA;

B. For IPR matters/ Consumer matters/ also other matters pending before any other quasi-judicial authority on dates to be notified later by SLSA;

C. Revenue and other ancillary matters, instituted before state/ district/ taluka authorities on dates to be notified later by SLSA. Therefore, you are requested to plan and organise Lok Adalats in the year 2023 accordingly. Also, it is requested to place this communication before Hon’ble Executive Chairperson, SLSA and communicate to all concerned.

PERSONS ENTITLED FOR FREE LEGAL AID

 PERSONS ENTITLED FOR FREE LEGAL AID  

• − A person with an annual income of less than Rs.1,00,000/- 
• − A Woman or a Child 
• − A member of Scheduled Caste or scheduled Tribe. 
• − A victim of trafficking in human beings beggar. 
• − An under trial in custody, including a juvenile. 
• − A person with disability such as suffering from blindness, leprosy loco motive disability, hearing impairment, mental derangement 
• − A victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster. − An industrial workman. 
• − A person upto the age of 18 years in a protective home or mentally ill person in a psychiatric hospital or psychiatric nursing home. 
• − A transgender whose annual income is less than Rs.2,00,000/- 
• − A senior citizen whose annual income is less than Rs.2,00,000/-

Besides the above categories, free legal services can also be provided

in the under mentioned situations:-

    i. In a test case, the decision of which is likely to effect cases of

numerous other persons belonging to the poor and weaker sections

of the society; or

    ii. To a person in a special case, who, for reasons to be recorded in

writing, is considered otherwise deserving of legal service where the

means test is not satisfied;

    iii. Persons in favour of whom our High Court or the Supreme Court

directs grant of legal service;

Sec .313 vs. Sec. 315 of CrPC

Sec .313 and Sec. 315 of Code of Criminal Procedure Code,1973

Provisions of Section 313 CrPC enables the accused to offer his explanation to evidence adduced against him by the prosecution whereas provisions of 315 enable the accused to adduce evidence in his favour. 

                                                   DIFFERENCES

Sec. 313 of CrPC	Sec. 315 of CrPC
Power to Examine the Accused	Accused Person To be competent Witness
By the Court	By the Accused
Duty of court to give chance to the accused to offer his explanation	Accused holds the duty to offer his explanation as a witness
No oath shall be required under this provision	Oath shall be required under this provision
Statement of accused not constituted as evidence under Sec. 3 of Indian Evidence Act,1872 as there is no oath.	Statement of accused constituted as evidence under Sec. 3 of Indian evidence Act,1872.
Relevant for examining the veracity of the prosecution case or judgement.	Considered as an evidence for the  Defence of the Accused or any person charged together with him at the same trial.
Application is not required in this provision. The court may at any stage can ask questions to the accused without any previous warning.	Accused shall not be called as a witness except on his own request in writing.
Accused is asked to explain himself on court’s discretion but may not be as Witness	Any person accused of an offence before a Criminal Court shall be a competent witness for the defence.
The accused shall not render himself liable to punishment by refusing to answer such questions or by giving false statements.	Failure of such person to give evidence shall not be made the subject of any comment or rise to any presumption against the accused or any other person proceeded against together with him at the same inquiry except under Sec.98, 107 or under Chapter IX or under Part B, Part C or Part D of Chapter X

Validity of GPA in Title and Sale of Property in Delhi (after Suraj Lamps Judgement)

 1. What is a general power of attorney? 

Ans. A general power of attorney is an instrument that is used by a person (granter) to confer authority on other person (grantee) to act on his behalf. The action done by GPA holder is deemed as if performed by the granter. 

2. Whether there is any provision in the Stamp Act or in the Registration Act which brings GPA equivalent to Sale deed? 

Ans. No. GPA is a device where by power can be enjoyed by the grantee till the pleasure of the granter. 

3. What are risks of transactions based on GPA/SA/WILLs? 

Ans. Following are certain risks:- 

I) This is not a legal form of transfer of title or ownership in immovable property. 

II) The owner of property can any time transfer the immovable property to person other than the GPA holder and he can do so either by way of a sale deed or in form of a fresh GPA in other’s name. This has increased risk of forgery and cheating to many folds. 

III) You may be charged for transactions in black money as there is surely exchange of unaccounted money. 

IV) You may get entangled in property disputes and criminal assaults on you due to lack of title and in that case your legal position in court will also remain disadvantageous to you. 

4. What is the effect of Order of Hon’ble Supreme Court of India in its recently delivered judgment titled “Suraj Lamps & Industries Pvt Ltd. v. State of Haryana and another (Special Leave Petition (C) No.13917 of 2009-Decided on 11-10-2011)? 

Ans. Hon’ble Supreme Court of India has declared that there cannot be transfer of title by GPA/SA/WILLs transactions. Only registered sale deed /conveyance is a valid mode of transfer of title in immovable property. Based on this only, a circular has been issued by the Inspector General of Registration, Delhi. 

5. After the issuing of the circular whether GPA, Will, Agreement to sell, or SPA can be registered by people in SR Office? 

Ans. Yes, there is no ban on registration of these instruments in bonafide transactions. However, the GPA, Agreement to sell, Will or SPA collectively or separately shall not be recognized as a valid mode of transfer of title. These documents do not give ownership rights in an immovable property.Genuine cases of registration of such documents are not stopped. For Example:- 

i) A person may give power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance on his behalf. 

ii) A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement to sell and grant a power of attorney empowering the developer to execute agreements for sale or conveyance in regard to individual plots of lands or undivided shares in the land relating to apartments in favor of perspective purchasers. 

6. Status of GPA, Agreement to sell, Will or SPA registered before 11.10.2011:- 

i) What will be fate of GPA, Agreement to sell, Will or SPA registered before the date of Supreme Court order i.e. 11.10.2011? 

Ans. The GPA, Agreement to sell, Will or SPA registered before the order of the Hon’ble Supreme Court of India i.e. 11.10.2011 are not affected. The person who have entered into such transactions may regularize the transaction by obtaining deeds of conveyance. 

ii) How can a person having GPA registered before the date of the SC order, further sell/transfer the property? 

Ans. Further transfer of immovable property shall be permissible only through a registered sale deed. 

7. Status of GPAs registered after 11.10.2011? 

Ans. GPAs are not meant for transfer of property. 

8. What is the prevalence of registration of GPA, Agreement to sell, Will or SPA as against sale deeds? 

Ans. Contrary to the misconceptions, a larger number of sale deeds are registered as compared to the GPAs. For Example, out of the total 21017 documents registered in April 2012, 6378(30.35%) were sale deeds and only 1264 (6.01%) GPAs with considerations and 1101(5.24%) agreement to sell were registered in Delhi. 

9. What is the relative revenue generation through GPA, Agreement to sell, Will or SPA as against that of sale deeds? 

Ans. The revenue generated through GPAs/SPAs/Sale agreement/Will is roughly only about 15% of the total Revenue generated through the Registration of all instruments. For example, in the four months from Jan 2012 to April 2012, out of total revenue of Rs 687 crores, Sale deeds generated Rs 560 Crores (81.5%) whereas GPAs/SPAs/Sale agreement/Will generated Rs 127 Crores(18.5%). 

10. What is the impact of the Order of the Hon’ble Supreme Court? 

Ans:- 

i) Peace of mind to the citizens:- By executing proper deed of Conveyance/Sale deed, the purchaser shall obtain the actual title of the property purchased. There shall be reduced risk of forgery and fraud by the land mafias in form of multiple transfers of the same property to many at the same time through invalid instruments like GPA/Sale Agreement and Will etc. 

ii) Decriminalization of the real estate transactions:- The end of the SA/GPA/Wills transactions shall ensure that the real title of the property is actually transferred at the time of registration and that it cannot be altered or influenced thereafter by the use of muscle power/ Arm twisting/extortion/gangster activity/ life threats / use of arms and ammunitions etc. 

iii) Curbing of Black Money and check on artificial inflation in real estate through speculative commodity trading resulting in lack of affordable housing for the common man. This is because unscrupulous Builders/Real Estate Dealers/ Unscrupulous Elements indulge in speculative trading of properties through multiple GPA/Sale Agreement and Will etc creating Benami transactions leading to artificial shortage of housing stock, ballooning of property prices and evasion of Capital Gains tax, Wealth tax, Income tax and Stamp Duty. 

iv) Drastic Reduction in property litigation:- GPA/Sale Agreement and Will etc. transactions have resulted in lack of correct property title trail thereby leading to excessive property litigation in various courts which take sometimes even more than a generation to get disposed of. The resultant agony of the citizens will get avoided through this order of the Hon’ble Supreme Court. 

v) Enhanced Revenue Generation:- Contrary to misconceptions, the implementation of the orders of the Hon’ble Supreme Court will result in greater revenues as the requisite duty on sale deeds is two times higher than the duty on GPA/Sale Agreement and Will etc. Besides, the revenues accruing to the central government/ local bodies in the form of capital gains tax, Wealth tax, Income tax and transfer duty/conversion charges shall increase substantially. 

Ref: Circular released by the Department of Revenue, Govt. of NCT of Delhi

Circular 1

Circular 2

SURAJ_LAMP_JUDGEMENT