Man is not made for law, but law is made for man. Man is conducted by law. Man does not fear moral wrongs and thus in order to create a fear in mind law is created. Law can work properly only when there is an interaction between both(law and man). Let’s talk about the constitution of India which guarantees equal rights and justice to all. But if we look at the present practical scenario all have equal rights but the same are not enjoyed equally by all. The enforcement of the rights is to be done by the courts but unfortunately the judicial procedure is very lengthy and costly. The expression access to justice traditionally understood by the man was to access of courts. But courts due to lack of resources, are inaccessible to poor, socially and economically backward class of society. Being one of the most important duty of welfare state to provide judicial and non-judicial dispute mechanisms so that the disputes can be solved quickly as possible, article 39(a) was inserted which talked about giving free legal aid. Now the new system of Alternative dispute resolution(ADR) has been initiated. The above mentioned form of ADR includes various forms of dispute resolution like arbitration, mediation, conciliation, Lok adalat etc.
How the dispute resolution system is better than litigation(ADR v litigation):
Our judicial system is based upon Anglo-Saxon model of jurisprudence, better known as the adversarial system of law. The rationale behind adopting the method of ADR is undoubtedly the need to find a method of circumventing and eventually effacing the tremendous problems which beset the litigative system. These courts are confronted by following problems. Problems can be broadly classified into:
(1) delay;
(2) expense;
(3) rigidity ...
... middle of paper ...
...throughout the complete legal fraternity. The most desired function of Lok adalat may seem by clearing the backlog. With the latest report showing 3 crore pending cases in Indian cases are disposed by such method. Thus it can be concluded that the concept of Lok adalat has been a success in practice.
Lok adalats play an important role in strengthen and advancing “equal access to justice” which is the heart of the constitution. This Indian contribution to world ADR jurisprudence needs to be taken full advantage of and thus maximum Lok adalats should be organized in order to achive the principle of access to justice to all. The only problem or drawback with lok adalat is that lawyers are not much interested in solving through Lok adalat as they create hindrance to their bread and butter. It is a kind of opportunity that is provided in order to solve the dispute.
Smith, C. E. (2004). Public defenders. In T. Hall, U.S. Legal System (pp. 567-572-). [Ebscohost]. Retrieved from http://web.ebscohost.com/ehost/ebookviewer/ebook
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
1) The Principles of Natural Justice (PNJ) form the cornerstone of administrative law in India, in specific, and across existing legal systems in countries across the world, in general. In India, there has been no statutory limit that has been set within which the administrative agencies are supposed to exercise their decision making powers. This limit has been set by the Indian judiciary through various decisions over the years, through application of the PNJ. Simply put, PNJ entails fairness, equity, and equality. In a welfare state like India, the role and jurisdiction of the administrative agencies is increasing manifold with the passage of time.
Mazadoorian, H. N. (2007). The Promise of ADR in Healthcare Disputes. Dispute Resolution Journal, 62(1), 17.
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
A former Chief Justice of the Supreme Court of New South Wales and one of Australia's powerful proponents of ADR, Sir Laurence Street, has commented. It is not in truth Alternative'/ It is not in Competition with the established judicial system. There is an additional range of mechanisms within the overall aggregated mechanisms for the resolution of disputes. Nothing can be alternative to the Sovereign in the discharge of the responsibility of resolving disputes between state and citizen or between citizen and citizen.
A misconception that occurs when a person with comprehensive knowledge of the facts reaches wrong conclusion as to their legal effect; an erroneous deduction, arising from a flawed evaluation of the fact is mistake of law whereas a mistake of facts is a material error in the surrounding facts or circumstances which unlike mistake of law is excusable in the court of law according to the Indian Penal Court due to lack of one of the elementary components of an offence- mens rea. If ignorant of fact excuses, ignorance of law must also excuse for the negative existence of the guilty mind because the new laws made by the legislation is mounting day-by-day and no one howsoever alert and skilful he might be, can realistically be expected to know all the laws. This Article examines and evaluates an increasingly popular account of the Mistake of Law doctrine and the researcher has judged it against the principle of Mistake of Fact on the basis of intention (mens rea) at the time of the commission of the act.
Today, we find Indian society finds itself governed by a codified set of laws heading the list of which is the Constitution of India. Law, as a tool of social engineering has transformed the boundaries of India thus bringing it on the par with the norms of other countries.
India is recognized as a country having a long history of mediation due to the existence and development of different forms of mediation to resolve business dispute since the pre-British India . In 1947, the concept of mediation/conciliation received legislative recognition in India for the first time in the Industrial Disputes Act which imposed the duty of conciliator to mediate and promote the settlement of industrial dispute. In 1996, an independent law regulating international commercial mediation, namely Arbitration and Conciliation Act, was adopted by Indian Parliament. It is also the first independent rule on international commercial mediation in Asia. In addition, Section 89 of the Code of Civil Procedure 1908 amended in 1999 provided for reference of cases pending in Courts to ADR which included mediation. Likely, due to the implementation of various mediation systems to resolve land, commercial or labor disputes since 1922, a special act regulating the court-based mediation proceedings was promulgated in Japan, namely Civil Conciliation Act (Minji Chotei Ho, Act No.222). Moreover, to encourage to development of private mediation proceedings, on 1 December 2004, the Act on promotion of use of Alternative Dispute Resolution was issued, which was followed by an Ordinance of the Ministry of Justice on 28 April 2006 and an Order of the cabinet. This
During the 20th century, majority of the people that relied on legal methods to resolve dispute were grossly dissatisfied with the civil procedures involved. Committees were setup to look into the defects and shortcomings on the procedural methods. Among these were The Winn committee, The Cantley Committee, The massive Civil Justice review 1985-1988 among others. This essay seeks to show the aims of creating The Woolf and Jackson reforms for the justice system, which was more effective at providing an easy cost effective management of the law and litigation. As the problems of civil procedure and litigation were many, the objective of setting out this reforms was to promote substantially as close as possible Justice in court/civil procedures and litigation.
Judicial decisions are decisions in point of law by judges of the High Courts that have not been reversed or overruled by the superior courts and decisions of the Court of Appeal and Federal Court. A legal ruling of a superior court binds all inferior courts. These judicial decisions serve as precedents to decide cases before the courts and to that extent these judicial decisions serve as laws. Another source is customary laws. Customary laws in Malaysia play an important role in the day to day life of the average Malay. Customary laws, which are called adats, bind people, maintain social identity and build cohesion in
In this part we are considering two major legal systems, common law and civil law; the first one is neither written or codified it is mainly based on the decisions already made by judges on previous similar cases, it is the system applied by the U.S and the U.K, where a judge makes a decision about a certain case with the help of a jury composed of normal, responsible, and sane group of people from the community. The second system is known as the civil law which is the exact opposite of the common law, it is based on written statutes, countries that use this system base their decisions on a case based on facts and investigations, actually they use codes named Legal codes, those codes determine “all matters
The decision made by the civil courts in the above cases raised concerns as the decision made was contrary to Islam and the matter handled by the courts are within the jurisdiction of the Syariah Courts. Currently, the addition of clause (1A) to Article 121 of the Federal Constitution has expressly removed the two High Courts and the inferior courts’ jurisdiction over any matter within the jurisdiction of the Syariah Courts. In other words, it also prevents the civil courts from reviewing decisions of the Syariah Courts as reviewing the Syariah Courts’ decisions would mean the civil courts are reviewing issues regarding Islamic laws which does not fall within the jurisdiction of the civil courts any more.
The term “PIL” first originated in the United States in the mid-1980s. The Indian PIL is an improved version of the US PIL. Prior to 1980s only the aggrieved party has the locus standi to file a case and seek remedy for his grievance the non affected persons had no locus standi to do so. As a result of this there was hardly any link between the rights given by the Constitution, laws laid down by the legislature and the vast majority of illiterate citizens of the