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LL.B. (Three Years) Sem 4 Alternate Dispute Resolution System Oct 2025 Question Paper with Solutions

SPPU Solved Question Papers

Alternate Dispute Resolution System

Previous Year Question Paper with Solution

LL.B. (Three Years) · Sem 4

Oct 2025 Examination

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Mumbai

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First published on munotes.in on 5 November 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Savitribai Phule Pune University at the Oct 2025 examination.

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Contents

The questions below are the paper as Savitribai Phule Pune University set it at the Oct 2025 examination, in the order it was set.

MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the Oct 2025 examination, reproduced as Savitribai Phule Pune University set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 3 hours  ·  Total marks 70  ·  13 questions answered

Instructions printed on the paper

  • N.B. (1) All questions are compulsory. (2) Figures to the right indicates full marks.

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.

Read the original question paper

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SECTION I

PART A 30 Marks

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Q1)Discuss the role and significance of Lok Adalat and Permanent Lok Adalat in India.[15]

Answer

For full marks, cover: the constitutional basis (Article 39A; Hussainara Khatoon, Suk Das); Part A, the Lok Adalat: who organises it and how it is composed (section 19), its jurisdiction and the excluded cases, how cases reach it (section 20), its powers (section 22), its award (section 21) and the cases (P.T. Thomas, Jalour Singh, Govindan Kutty Menon), the varieties in practice; Part B, the Permanent Lok Adalat: public utility services (section 22A), establishment (section 22B), procedure and power to decide (section 22C), principles (section 22D), award (section 22E) and Bar Council of India v. Union of India; their role and significance; a table; a conclusion.

Introduction

Indian courts carry huge arrears, and litigation is slow and costly for the poor. Lok Adalats ("people's courts") were developed to settle disputes quickly by compromise, at no cost to the parties. They were given statutory force by the Legal Services Authorities Act 1987. In 2002, Chapter VIA added Permanent Lok Adalats for disputes about public utility services.

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The constitutional basis

Article 39A of the Constitution directs the State to promote equal justice and provide free legal aid. The Supreme Court has treated free legal service as part of a fair procedure under Article 21.

  1. In Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1369, undertrial prisoners had spent years in jail without trial. The Court held that free legal service is essential for a person who cannot afford a lawyer. Without it, the procedure is not reasonable, fair and just.
  2. In Suk Das v. Union Territory of Arunachal Pradesh, AIR 1986 SC 991, an accused was convicted without a lawyer. The Court held that free legal aid is a fundamental right of an accused facing loss of liberty. It does not depend on his asking for it.

Lok Adalats are one of the main ways the 1987 Act gives effect to this promise.

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Part A: the Lok Adalat

1. Who organises it (section 19(1)). Lok Adalats may be organised by a State Authority, a District Authority, or the Supreme Court or High Court Legal Services Committee. A Taluk Legal Services Committee may also organise them, at such times and places as it thinks fit.

2. Composition (section 19(2) to (4)). A Lok Adalat consists of serving or retired judicial officers and other persons. Under regulation 6 of the NALSA (Lok Adalats) Regulations 2009, a judicial member sits with one or two others. They may be a lawyer, a social worker preferably a woman, or a professional in the subject.

3. Jurisdiction (section 19(5)). A Lok Adalat may deal with:

  1. any case pending before a court for which it is organised; and
  2. any matter within that court's jurisdiction that has not yet been brought before it (pre-litigation).

It has no jurisdiction over an offence that is not compoundable under any law. Under the regulations, divorce cases are not referred.

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4. How cases reach it (section 20). A pending case may be referred if the parties agree, or if one party applies and the court finds a chance of settlement. The court may also refer a case on its own if it thinks the matter fit. A pre-litigation dispute may be referred on an application by a party.

5. Its powers (section 22). It has some powers of a civil court. It may summon and examine witnesses on oath, require documents, receive evidence on affidavits and requisition public records. It may specify its own procedure. Its proceedings are judicial proceedings for certain purposes of the criminal law.

6. Its award (section 21).

  1. Every award is deemed to be a decree of a civil court, or an order of another court.
  2. Every award is final and binding on all the parties, and no appeal lies from it.
  3. Where a pending case is settled, the court fee is refunded.

The cases.

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  1. In P.T. Thomas v. Thomas Job, (2005) 6 SCC 478, the award was a deemed decree. The Supreme Court held that the court has all its usual powers over it, including the power to extend time for performance.
  2. In State of Punjab v. Jalour Singh, (2008) 2 SCC 660, a Lok Adalat decided a motor accident appeal on merits, without a settlement. The Supreme Court held that Lok Adalats have no adjudicatory function. They only record a compromise. An order made without one is not an award and is void.
  3. In K.N. Govindan Kutty Menon v. C.D. Shaji, (2012) 2 SCC 51, a cheque bounce case was referred by a criminal court and settled. The Court held that the award is still deemed a decree of a civil court and can be executed as such.

7. The varieties in practice. National, Mega, Continuous, Daily and Mobile Lok Adalats are administrative forms, all resting on section 19. National Lok Adalats are held on a single day in every court, from the Supreme Court to the taluk, and settle large numbers of cases.

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Part B: the Permanent Lok Adalat

1. Why it was added. An ordinary Lok Adalat fails if one party refuses to settle. For essential services, a forum that can decide was needed. Chapter VIA (sections 22A to 22E) was inserted by Act 37 of 2002.

2. Public utility services (section 22A(b)). These are:

  1. transport of passengers or goods by air, road or water;
  2. postal, telegraph or telephone service;
  3. supply of power, light or water to the public;
  4. public conservancy or sanitation;
  5. service in a hospital or dispensary;
  6. insurance service; and
  7. any other service notified by the Central or State Government.

3. Establishment (section 22B). The Central or State Authority shall establish Permanent Lok Adalats by notification. Each has a Chairman who is or has been a district judge or additional district judge, and two members experienced in public utility services.

4. Procedure (section 22C).

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  1. Any party may apply before the dispute is brought to any court. After that, no party may go to a court on the same dispute (section 22C(2)).
  2. It has no jurisdiction over a non-compoundable offence, or where the value of the property exceeds ten lakh rupees. The Central Government may raise this limit by notification.
  3. It first tries conciliation, and may formulate terms of a possible settlement (section 22C(7)).
  4. If the parties do not agree, and the dispute does not relate to an offence, it shall decide the dispute on merits (section 22C(8)).

5. Principles (section 22D). It is guided by natural justice, objectivity, fair play and equity. It is not bound by the Code of Civil Procedure or the law of evidence.

6. Award (section 22E). Its award, whether on settlement or on merits, is final and binding, made by majority, and deemed a decree. It cannot be questioned in any original suit or execution proceeding.

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The case. In Bar Council of India v. Union of India, (2012) 8 SCC 243, Chapter VIA was challenged as arbitrary, because it allowed a binding decision without appeal. The Supreme Court upheld it. Such disputes should end early. And an aggrieved party may still approach the High Court under Articles 226 and 227.

Role and significance

  1. Speed and low cost. No court fee is payable, and fee paid is refunded on settlement.
  2. Reducing arrears. Mass disposal of motor accident, cheque bounce, bank recovery and utility bill cases.
  3. Finality. No appeal lies, so the dispute ends.
  4. Access to justice. Poor and rural people get a simple, informal forum, as Article 39A intends.
  5. Preserving relationships. A compromise leaves less bitterness than a decree.
  6. Public utilities. Permanent Lok Adalats give citizens a quick remedy against service providers, and can decide if settlement fails.
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The limits. Lok Adalats cannot decide without consent (Jalour Singh), and there is a risk of pressure to settle. Permanent Lok Adalats decide without appeal, so the High Court's supervision is the only check (Bar Council of India).

Lok Adalat and Permanent Lok Adalat compared

PointLok AdalatPermanent Lok Adalat
ProvisionSections 19 to 22Sections 22A to 22E
NatureHeld from time to timePermanent body
SubjectPending cases and pre-litigation mattersPublic utility services only
Power to decideNone; only records a compromise (Jalour Singh)Decides on merits if conciliation fails
LimitNon-compoundable offences excludedSame, and value up to the notified limit
AwardDeemed decree; final; no appealDeemed decree; final; by majority
ChallengeWrit jurisdiction onlyArticles 226, 227 (Bar Council of India)
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Conclusion

Conclusion. Lok Adalats carry out the constitutional promise of equal justice and free legal aid (Article 39A; Hussainara Khatoon; Suk Das). Under sections 19 to 22, they settle pending and pre-litigation disputes by compromise. Their award is a deemed decree, final and without appeal (P.T. Thomas; Govindan Kutty Menon). They cannot adjudicate (Jalour Singh). Permanent Lok Adalats, under sections 22A to 22E, handle public utility disputes. They can decide on merits when conciliation fails, as upheld in Bar Council of India. Together they reduce arrears, cut cost and delay, and bring justice closer to ordinary people.

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