Posts

Showing posts with the label ADR

Identification Parade

                Identification Parade     Ø What is Test Identification Parade A test identification parade, is a procedure commonly used in criminal cases to identify the accused in a court of law. Witnesses play a crucial role in this process as it’s their responsibility to recognize the accused among a group of individuals presented in the parade. The main purpose of this procedure is to assess whether the witness can accurately identify the accused from a group of people. This helps establish the witness’s reliability in identifying an unknown person in relation to the context of the crime. Law enforcement frequently employs this method to verify the witness’s credibility, especially in cases where the witness has never encountered the accused except at the crime scene. Ø Purpose of Test Identification Parade In the case of Ramkishan vs Bombay State [AIR 1955 SC 104], it was established that, during the investigation o...

Critically evaluate the provisions of Section 89 and Order X, Rules 1A, 1B, and 1C of the Civil Procedure Code concerning Alternative Dispute Resolution (ADR)

     Critically evaluate the provisions of Section 89 and Order X, Rules 1A, 1B, and 1C of the Civil Procedure Code concerning Alternative Dispute Resolution (ADR). Ø Relevance of Section 89 of the Code of Civil Procedure The Malimath committee along with the 29th report of the Law Commission proposed the idea of Conciliation as a technique of ADR. The primary intention behind such a proposal was to make the public aware of the options available to them for resolving their disputes by utilizing the modes of Alternate Dispute Resolution. Accordingly, it led to the enactment of Section 89 of the Code of Civil Procedure. Section 89 of the Code of Civil Procedure was enacted through the Code of Civil Procedure (Amendment) Act 1999 and became effective from 01-07-2002. Thus, with the motive of bringing a significant reduction in the number of pending cases and its early disposition, Section 89 of the Code of Civil Procedure was amended. It provides the machinery ...