Article 39-A of DPSP under the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on…
The Constitution Of India is based on the notion of a welfare state. It is the state’s duty to ensure access to justice for its people by establishing judicial and non-judicial dispute resolution mechanisms that provide prompt justice and protect their legal and constitutional rights. Ignorance, poverty and other social dysfunction should not become barriers…
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The Hindu marriage act 1955 has cast a duty on the courts to make an endeavor to bring about a reconciliation between the parties to the marriage before granting decree of divorce, the Act has introduced the principle that a broken marriage can be treated like other civil wrong. Section 23 of the Hindu Marriage…
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The CPC amendment Act, 1999 as amended, Section 89 of the Code provides for settlement of disputes outside the court, this amendment has been made on the basis of the recommendations made by the law commission of India and the Malimath Committee. This section under CPC describes the procedure to be followed in matters referred…
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A contract is a binding legal agreement that is enforceable in a court of law. An agreement not enforceable by law is a void agreement. There are some agreement which are specifically declared as void by Indian Contract Act even if such agreement satisfy the condition of a valid contract, they are not enforceable, such…
Introduction The literal meaning of the Hindi word, Lok Adalat, is ‘People’s Court’. So, simply it means a court for the people, by the people, and of the people themselves. The Indian Judiciary is moving towards a time when it will be impossible for the courts to cope up with the gaps. If something is…
Mediation Mediation is the Alternative Dispute resolution where a third neutral party helps the parties to the dispute to amicably reach an agreement. This is an easy and uncomplicated negotiation process where a third party acts as a mediator to resolve disputes amicably by using appropriate communication and negotiation techniques. This process is totally controlled…
Meaning When a matter of dispute is tried to be solved by persuading(राजी) the parties to reach a compromise through the medium of a conciliator, the dispute is said to be solved by the conciliation proceedings and are quite distinct from arbitral proceedings, which may be in judicial or non judicial form. In conciliation, there…
Meaning An arbitral award is a judgment pronounced by an arbitral tribunal on disputes and differences referred to it for arbitration. The term ‘arbitral award’ has not been defined in the arbitration and conciliation act, 1996. But Section 2(1)(c) of the act states that an arbitral award includes an interim award. Section 31(6) of the…
Meaning Arbitration is a process or mechanism by which the parties to a dispute get the matter settled through the intervention of an agreed third party called an arbitrator. It is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on…
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