...facilitate the process. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. It is an Indian contribution to the world jurisprudence of ADR. Lok Adalat (people’s courts), established by the government settles dispute by the principles of justice, equity and fair play, which are the guiding factors for decisions based on compromises to be arrived at before such Adalats. The camps of Lok Adalats were initially started in the state of Gujarat in 1982. The first Lok Adalat was organized on 14th March 1982 at Junagarh. Maharashtra commenced the Lok Nyayalaya in 1984. The movement has now subsequently spread to the entire country. The reason to create such camps was only the pending cases and to give relief to the litigants who were in a queue to get justice. 2. Statutory Provisions Eminent judges of the Supreme Court and High Courts have many a time emphasized the need for free legal aid to the poor. Legal Aid is a kind of human right in the context of conflicts and contradictory interests. The Central Government, taking note of the need for legal aid for the poor and the needy, had introduced Article 39 (A) in the Constitution in February 1977. Article 39 A of the Constitution of India provides for equal...
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...Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new mechanism of dispute resolution that is non adversarial. A dispute is basically ‘lis inter partes’ and the justice dispensation system in India has found an alternative to Adversarial litigation in the form of ADR Mechanism. New methods of dispute resolution such as ADR facilitate parties to deal with the underlying issues in dispute in a more cost-effective manner and with increased efficacy. In addition, these processes have the advantage of providing parties with the opportunity to reduce hostility, regain a sense of control, gain acceptance of the outcome, resolve conflict in a peaceful manner, and achieve a greater sense of justice in each individual case. The resolution of disputes takes place usually in private and is more viable, economic, and efficient. ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation Need of ADR in India: The system of dispensing justice in India has come under great stress for several reasons mainly because of the huge pendency of cases in courts. In India, the number of cases filed in the courts has shown a tremendous increase in recent years resulting in pendency and delays underlining the need for alternative dispute resolution methods. It is in this context that a Resolution...
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...Introduction: Gandhi ji said: "I had learnt the true practice of law. I had learnt to find out the better side of human nature, and to enter men's hearts. I realized that the true function of a lawyer was to unite parties given as under. The lesson was so indelibly burnt unto me that the large part of my time, during the twenty years of my practice as a lawyer, was occupied in bringing about private compromises of hundreds of cases. I lost nothing, thereby not even money, certainly not my soul." Conflict is a fact of life. It is not good or bad. However, what is important is how we manage or handle it. Negotiation techniques are often central to resolving conflict and as a basic technique these have been around for many thousands of years. Alternative Dispute Resolution (ADR) refers to a variety of streamlined resolution techniques designed to resolve issues in controversy more efficiently when the normal negotiation process fails. Alternative Dispute Resolution (ADR) is an alternative to the Formal Legal System. It is an alternative to litigation. It was being thought of in view of the fact that the Courts are over burdened with cases. The said system emanates from dissatisfaction of many people with the way in which disputes are traditionally resolved resulting in criticism of the Courts, the legal profession and sometimes lead to a sense of alienation from the whole legal system- thus, the need for Alternative Dispute Resolution. With the spread of ADR programs in the developed...
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...ALTERNATIVE DISPUTE RESOLUTION IN INDIA In a rapidly developing society human needs are bound to multiply resulting into conflict of interests. People become more conscious about their individual rights and litigation becomes an inevitable part of their life due to rising incidence of disputes among them. The problem is further compounded when there is lack of discipline in the litigation process an judicial mechanism finds it difficult to cope up with the enormous caseload. Particularly, in a modern technologically and economically well advanced society, litigation is a primary means of resolving disputes. When it fails to meet the need of the people there is oblivious need to search for new alternative methods of dispute resolution. It is in this context that the alternative modes of dispute resolution have gained primacy in the present millennium. Justice delivery institutions in most of the developing countries in the world are currently confronted with serious crises, mainly on account of delay in the resolution of the disputes particularly the delay in disposal of the commercial and other civil matters. We must admit that this situation has eroded public trust and public confidence in the justice delivery institutions. It obstructs economic growth, development and social justice to the citizens in a country. The crises therefore, call for an urgent solution. The cause for such backlog of cases is institutional and the delay in disposal of the cases, is due...
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...Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free...
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...1A, 1B and 1C in Order 10, which provides for settlement of disputes through ADR mechanism, in the CPC2. Section 89- Is it the best answer? A simple reading of the section suggests that the Court is not bound to decide each case itself, but can refer the dispute to Arbitration, Conciliation, Mediation, Lok Adalats or Judicial settlement mechanism, the failure of which would revert the case back to the Court for normal adjudication proceedings. This could reduce the burden of the Court. But there have been several doubts, even cases challenging the validity and the completeness of S.89, saying that it does not provide much operational value in real time. 1 Civil Procedure Code, Section 89: Settlement of disputes outside the court. - (1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for - (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through Lok Adalat; or (d) mediation. (2) where a dispute has been...
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...Gujarat State Legal Services Authorities Rules, 1997 The Gujarat State Legal Services Authority Regulations, 1998 The Legal Services Authorities Act, 1987 (No. 39 of 1987) [As Amended by the Legal Services Authorities (Amendment) Act, 1994 (No. 59 of 1994)] (11 th October 1987) An Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. Be it enacted by Parliament In the Thirty eight year of the Republic of India as follows :CHAPTER- I PRELIMINARY Short title, 1. (1) This Act may be called the Legal Services extent and Authorities Act. 1987. commencement (2) It extends to the whole of India, except the State of Jammu...
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...it is not resolved at the beginning, it grows at the very fast rate and with time, it becomes very difficult to resolve it.As new issues emerges and conflicting situation flourish. In this way one dispute leads to another and new complexities arises thereby leading to multiplicity of proceedings. Therefore, it is always better to resolve it at the moment it rears its head. Therefore, it is necessary that the procedure of resolving it must be agreeable by both the parties. The preamble of the Constitution of India declares to “...... to secure all its citizen justice, liberty, equality and fraternity”. The justice granted to citizen is of social, economical and political. However, the mode of delivering the justice to the citizen of India poses so many questions. It is in this regard necessary to put the question that whether the present system of access to justice is satisfactorily fulfilling the constitutional goal? The present mode of access to justice in India is based on the adversarial legalism. This system is generally followed in the common law countries. In this mode of justice the State plays a neutral role and it is parties who are responsible for initiating and conducting litigation. However, any crime is considered as an offence against the State in which such proceeding is initiated. This mode of justice was adopted by the Britishers to exploit the masses in their colonies. The whole set up was for the convenience of the administration in which the position...
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...the banks. * Net NPA: reflects the actual burden of the banks. The main reason behind NPA would be lack of proper enquiry by the bank, wilful defaulter, change in government policies etc. which could affect the bank by restriction on flow of cash by the bank for sanctioning a loan, drain of profit, bad affects on goodwill, etc. There are different acts and institution for the NPA recovery like SARFAESI ACT, 2002; SARC; ARC; DRT; Lokadalats; etc. Current status of NPA in Indian banking system: analysis of the RBI NPA data demonstrates interesting recovery trends by Legal Channels. The NPA involved has increased for all three channels: Lok Adalats, DRTs (Debt Recovery Tribunals), SARFAESI Act. However, the highest year-on-year increase has been with the Lok Adalats (c 80% per annum over last two years). The amount recovered by Lok Adalats...
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...THIRD INDIA-EU SEMINAR ON EMPLOYMENT RELATIONS AND RESOLUTION OF CONFLICTS (NEW DELHI – SEPTEMBER 22-23, 2008) India and European Union (EU) have entered into a Joint Action Plan to have a policy dialogue and cooperation in the fields of employment and social policy to share experience, periodic exchange of views and information on the following issues:(i) Labour and employment issues, including employment policies, restructuring, the global employment opportunities and requirements for trained manpower; (ii) Human resource management in particular through training and skills development; and (iii) Social Security. 2. In line with the Joint Action Plan, the Ministry of Labour & Employment, Government of India has signed an Memorandum of Understanding (MOU) with the European Commission to strengthen dialogue and exchange of views and information on issues of common interests within the area of employment and social policy such as: skills, training and employment, social security, occupational health and safety; workers’ participation in management; and other relevant issues jointly identified. The structured dialogue consists of exchanges of experience, best practice, views and information on topics of common interest, trends and policy developments related to the above areas. As a part of this structured dialogue, it has been agreed upon to organize a joint seminar on mutually identified issues every year. These seminars will bring together EU and India government...
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...1 National Goods and Services Tax Bill, 2014 introduced in Lok Sabha It is also called Constitution (122nd Amendment) Bill It seeks to introduce Goods and Services Tax (GST) regime Inserts article Articles 246A, 269A and 279A in the Constitution Provides for Union Finance Minister headed GST Council Sets in a uniform and integrated indirect tax regime in India 14th Finance Commission submitted its report to President It covers the period between 1 April 2015 and 31 March 2020 The Commission headed by former RBI Governor Y V Reddy Provides for devolution of tax receipts from the Centre to the States Article 280 of Constitution provides for appointment of Finance Commission First and 13th Finance Commission was headed by K C Neogy & Dr Vijay Kelkar resp. Union government decriminalized Attempt to Suicide For this purpose Section 309 of Indian Penal Code removed 20th Law Commission headed by Justice A P Shah recommended in its 210 Report 210th Report on Humanization and Decriminalization of Attempt to Suicide France was the first country to decriminalize this offence Lok Sabha passed the Repealing and Amending (Second) Bill, 2014 Introduced as a periodic measure for updating the list of laws in force Seeks to repeal 90 laws and pass amendment to two laws Proposes to amend the two laws to rectify typographical errors The laws are Railways...
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...dietetics-Respiration-Excretion of metabolic waste-Biocommunication Zoology - Blood and blood circulation-Endocrine system-Reproductive system-Genetics the science of heredity-Environment, ecology, health and hygiene, Bio- diversity and its conservation-Human diseases, prevention and remedies-Communicable diseases and non- communicable diseases-Alcoholism and drug abuse-Animals, plants and human lifeUNIT - II. Current Events History - Latest diary of events – National - National symbols -Profile of States-Defence, national security and terrorism-World organizations-pacts and summits-Eminent persons & places in news-Sports & games-Books & authors -Awards & honours-Cultural panorama-Latest historical events- India and its neighbours- Latest terminologyAppointments-who is who? Political Science - India’s foreign policy - Latest court verdicts...
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...[pic] http://mbanetbook.blogspot.com/ Project on Non Performing Assets in Banks CONTENTS |Chapter no. | Title |Page no. | | |Executive Summary |2 | |1 |General Introduction | | | |Introduction to the Topic |4 | | |Company Profile |6 | | |Non performing assets |10 | |2 | Research Methodology |32 | |3 | Data Analysis & Interpretation |38 | |4 | Findings, Suggestions & Conclusions |64 | |5 | Annexure: | | | |a) Bibliography ...
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...account not only reduces profitability of banks by provisioning in the profit and loss account, but their carrying cost is also increased which results in excess & avoidable management attention. Apart from this, a high level of NPA also puts strain on a banks net worth because banks are under pressure to maintain a desired level of Capital Adequacy and in the absence of comfortable profit level, banks eventually look towards their internal financial strength to fulfill the norms thereby slowly eroding the net worth. Considering all the above facts banking industry has to give more importance to NPA and to structure proper remedial solutions. Key words: Assets restructuring company, Global competition, Rate of return, Repayment schedule, Lok Adalats. 1. Introduction After Nationalization the initial mandate that bank were given was to expand their branch network, increase the saving rate and extent credit to rural and SSI sector.(Talwar, 2001) Since 1990 the focus was sifter towards...
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...Court Management Pilot Project Executive summary The greatest problem of district courts is that of huge backlog of cases leading to undue delay in deciding cases. Shifting the blame on judicial system only will not cure such problem. Now recently the Hon'ble Chief Justice of India has launched a National Court Management Program. New Methods and New Roles are necessary in the Justice Delivery System which was pleased to addressed by Hon'ble Shri. Justice Mohit S.Shah, Chief Justice of the Bombay High Court at the inauguration of the conference of the Judicial officer on “Enhancing Quality of Adjudication” at Judicial Academy Uttan, Thane. At District & Sessions Court, Thane , formulated a mission to develop “ Best Practices Guide” for improving Judicial Quality, Enhancing court management and reduce pendency. The Hon'ble Shri. K.K. Sonawane, Principal District Judge, Thane who is also the Patron-In-Chief of this mission pleased to establish to develop Best Practices Guide at Thane Court with a series of administrative stages to facilitate continuous monitoring , mentoring and , if necessary to to guide to ensure cases are disposed at the earliest opportunity at Civil Judge Junior Division and J.M.F.C. Courts. This pilot project is for the one of the object from the mission to develop Best Practices Guide , to decrease old pendency and Increase rate of disposal in Civil Judge Junior Division and J.M.F.C. Courts Bhiwandi District...
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