KSLU Solved Question Papers
Alternative Dispute Resolution
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2012 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Alternative Dispute Resolution 2012 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2012 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2012 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 20 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)State the concept of Alternative Dispute Resolution System. "Lok Adalat is an effective alternative dispute resolving method". Discuss.[9]
Answer
For full marks, cover: the concept of ADR (resolution by methods other than a full trial; consent-based or adjudicatory; section 89 CPC); the Lok Adalat as a statutory ADR forum (sections 19 to 22 of the Legal Services Authorities Act 1987; Article 39A); why it is effective: reach, cost, speed, simplicity, finality, enforceability (P.T. Thomas; K.N. Govindan Kutty Menon), scale through National Lok Adalats, criminal compoundable cases; the conditions on which its effectiveness depends: genuine consent (regulation 7(3) of the NALSA Lok Adalat Regulations 2009; Jalour Singh), proper drafting, limited jurisdiction; the Permanent Lok Adalat as a remedy for its main weakness (section 22C(8)); a balanced verdict; conclusion.
The concept of ADR
Alternative Dispute Resolution means resolving disputes by methods other than a full contested trial in court. Some methods leave the decision with the parties: negotiation, mediation, conciliation and Lok Adalats. Arbitration hands the decision to a private tribunal. Section 89 of the Code of Civil Procedure brings these methods into the court process. The aim is quicker, cheaper and less hostile justice, and a lighter load on the courts.
The Lok Adalat as an ADR forum
A Lok Adalat is a bench organised by a Legal Services Authority or Committee. It is made up of judicial officers and other persons (section 19 of the Legal Services Authorities Act 1987). It helps the parties reach a compromise in a pending case or a pre-litigation matter (section 19(5)). It fulfils Article 39A's promise of equal justice and free legal aid.
Why it is effective
- It reaches ordinary people. Sittings are held at taluk, district and higher levels. They may be held at any convenient time and place, including holidays (regulation 8 of the NALSA Lok Adalat Regulations 2009).
- It costs nothing. No court fee is charged. If a pending case settles, the fee already paid is refunded (section 21(1)).
- It is quick. A dispute that might take years in court is often settled in a single sitting.
- It is simple. Parties can speak for themselves. The bench must aim at a settlement guided by justice, equity and fair play (section 20(4)).
- Its result is final. No appeal lies against an award (section 21(2)).
- Its result is enforceable. An award "shall be deemed to be a decree of a civil court" (section 21(1)). In P.T. Thomas v. Thomas Job, AIR 2005 SC 3575, the Supreme Court called it the decision of the court itself, reached by conciliation. It held that the executing court has full powers over it, including extending time. In K.N. Govindan Kutty Menon v. C.D. Shaji, AIR 2012 SC 719, an award in a cheque-bounce case referred by a criminal court was held executable as a civil decree.
- It works at scale. National Lok Adalats are held on a single day across the country, from the Supreme Court down to the taluks. They dispose of very large numbers of pending and pre-litigation cases each time.
Conditions on which its effectiveness depends
- Genuine consent. Every bench must try for a settlement "without bringing about any kind of coercion, threat, undue influence, allurement or misrepresentation" (regulation 7(3)). A settlement extracted under pressure is not effective justice.
- Staying within its role. In State of Punjab v. Jalour Singh, AIR 2008 SC 1209, a Lok Adalat computed compensation itself and passed what was in effect a judgment. The Supreme Court set it aside, because Lok Adalats have "no adjudicatory or judicial functions".
- Limited jurisdiction. It cannot deal with non-compoundable offences (proviso to section 19(5)). If parties do not agree, the case simply returns to court (section 20(5)).
Parliament's answer to its main weakness
Because an ordinary Lok Adalat cannot decide, Parliament created Permanent Lok Adalats for public utility services in 2002. If conciliation fails there, the Permanent Lok Adalat may decide the dispute, unless it concerns an offence (section 22C(8)).
A balanced verdict
The statement is largely true. The Lok Adalat is one of India's most effective ADR methods for small claims, motor accident claims, bank recoveries, family matters and compoundable offences. Its effectiveness rests on consent. Where consent is genuine, it delivers fast, free and final justice. Where consent is forced, or the bench decides instead of recording, it fails, as Jalour Singh shows.
Conclusion. ADR resolves disputes without a full trial, and the Lok Adalat is its most widely used statutory form in India. It is effective because it is free, quick, simple, final and enforceable as a decree, as P.T. Thomas and K.N. Govindan Kutty Menon confirm. It also works at national scale. Its effectiveness depends on genuine consent and staying within its conciliatory role.
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