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    2Sep, 2023
    Arbitration and Conciliation Act Section 34 Majority award A dissenting opinion cannot be treated as an award if the majority award is set aside

    HINDUSTAN CONSTRUCTION vs NATIONAL HIGHWAYS CA 4658/23 24/08/23 [ Ravindra JJ ]

    [ SUPREME COURT OF INDIA ]

    • Arbitration and Conciliation Act Section 34 Majority award A dissenting opinion cannot be treated as an award if the majority award is set aside When a majority award is challenged by the aggrieved party, the focus of the court and the aggrieved party is to point out the errors or illegalities in the majority award Minority award (or dissenting opinion, as the learned authors point out) only embodies the views of the arbitrator disagreeing with the majority There is no occasion for anyone such as the party aggrieved by the majority award, or, more crucially, the party who succeeds in the majority award, to challenge the soundness, plausibility, illegality or perversity in the approach or conclusions in the dissenting opinion – That dissenting opinion would not receive the level and standard of scrutiny which the majority award (which is under challenge) is subjected to. Therefore, the so-called conversion of the dissenting opinion, into a tribunal’s findings in the event a majority award is set aside and elevation of that opinion as an award, would, with respect, be inappropriate and improper.

    important paras 

    26. In Dakshin Haryana Bijli Vitran Nigam Ltd, the court recollected the previous holding in Ssangyong Engg. & Construction Co. Ltd. v. NHAI (hereafter, “Ssangyong Engg. & Construction Co. Ltd.”)23, wherein the court had set aside the majority award, but issued consequential directions in the peculiar facts of the case:
    “In Ssangyong [Ssangyong Engg. & Construction Co. Ltd. v. NHAI, (2019) 7 SCR 522], this Court upheld the view taken by the dissenting arbitrator in exercise of its powers under Article 142 of the Constitution, in order to do complete justice between the parties. The reason for doing so is mentioned in para 77 i.e. the considerable delay which would be caused if another arbitration was to be held. This Court exercised its extraordinary power in Ssangyong [Ssangyong Engg. & Construction Co. Ltd. v. NHAI,] keeping in mind the facts of the case, and the object of expeditious resolution of disputes under the Arbitration Act.”
    However, the court did not, in Dakshin Haryana Bijli Vitran Nigam Ltd (supra)
    direct the dissenting opinion to be treated as an award. In the opinion of this court, that approach is correct, because there appears to be a slight divergence in thinking between Russel and Gary Born. The former, Russel is careful to point out that a dissenting opinion is not per se an award, but “is for the parties’ information only and does not form part of the award, but it may be admissible as evidence in relation to the procedural matters in the event of a challenge.” However, Gary Born does not expressly say that the opinion is not a part of the award. That author yet clarifies that “This is an essential aspect of the process by which the parties have an opportunity to both, present their case, and hear the reasons for the Tribunal’s decision; not hearing the dissent deprives the parties

    of an important aspect of this process.”
    27. It is, therefore, evident that a dissenting opinion cannot be treated as an award if the majority award is set aside. It might provide useful clues in case there is a procedural issue which becomes critical during the challenge hearings. This court is of the opinion that there is another dimension to the matter. When a majority award is challenged by the aggrieved party, the focus of the court and the aggrieved party is to point out the errors or illegalities in the majority award. The minority award (or dissenting opinion, as the learned authors point out) only embodies the views of the arbitrator disagreeing with the majority. There is no occasion for anyone- such as the party aggrieved by the majority award, or, more crucially, the party who succeeds in the majority award, to challenge the soundness, plausibility, illegality or perversity in the approach or conclusions in the dissenting opinion. That dissenting opinion would not receive the level and standard of scrutiny which the majority award (which is under challenge) is subjected to. Therefore, the so-called conversion of the dissenting opinion, into a tribunal’s findings, [in the event a majority award is set aside] and elevation of that opinion as an award, would, with respect, be inappropriate and improper.

    28. In view of the findings recorded earlier, this court is of the opinion that all the appeals have to succeed. Therefore, C. A. No. 4658/2023, C. A. No. 4659/2023; C. A. No. 4660/2023; C. A. No. 4661/2023 and C. A. No. 4662/2023 are allowed; all judgments of the Delhi High Court, which were the subject matter of challenge in those appeals are set aside. The awards, which were the subject matter of challenge, and to the extent they were set aside, are hereby upheld and restored. The direction in the awards, to the extent they required compounded monthly interest payments, are modified. Instead, the NHAI shall pay uniform interest on the amounts due, on the head concerned, i.e., construction of embankment, to the extent of 12% from the date of award to the date of payment, within eight weeks from today. All the above appeals are allowed in these terms. There shall be no direction to pay costs.

    for judgment click here

    40706_2012_5_1501_46332_Judgement_24-Aug-2023

    all rights reserved (Vaibhav Tomar 𝔸𝕕𝕧)

    21Aug, 2023
    भारतीय साक्ष्य विधेयक, 2023 में प्रमुख प्रावधान और परिवर्तन:

    भारतीय साक्ष्य विधेयक, 2023 में प्रमुख प्रावधान और परिवर्तन:
    इलेक्ट्रॉनिक रिकॉर्ड की स्वीकार्यता: नया बिल इलेक्ट्रॉनिक या डिजिटल रिकॉर्ड को साक्ष्य के रूप में स्वीकार्य बनाता है, जिससे उन्हें पारंपरिक कागजी दस्तावेजों के समान कानूनी महत्व मिलता है।
    निरसन, संशोधन और प्रावधानों को जोड़ना: भारतीय साक्ष्य विधेयक पुराने साक्ष्य अधिनियम के पांच मौजूदा प्रावधानों को निरस्त करता है, 23 प्रावधानों को संशोधित करता है, और एक पूरी तरह से नया प्रावधान पेश करता है, जिसके परिणामस्वरूप कुल 170 धाराएं बनती हैं।

    द्वितीयक साक्ष्य के लिए दायरा विस्तार: विधेयक द्वितीयक साक्ष्य के दायरे को व्यापक बनाता है, जिसमें यांत्रिक प्रक्रियाओं, दस्तावेजों के समकक्षों और दस्तावेज़ सामग्री के मौखिक खातों के माध्यम से उत्पादित प्रतियों को शामिल करने की अनुमति मिलती है।

    सटीक और समान नियम: विधेयक के प्राथमिक उद्देश्यों में से एक आपराधिक मामलों की सुनवाई के दौरान सबूतों के प्रबंधन को नियंत्रित करने वाले सटीक और समान नियम स्थापित करना है।

    भारतीय साक्ष्य विधेयक का तर्क:
    भारतीय साक्षी विधेयक को पेश करने के पीछे सरकार की प्रेरणा इस अवलोकन से उपजी है कि वर्तमान भारतीय साक्ष्य अधिनियम पिछले दशकों में हुई तकनीकी प्रगति और सामाजिक बदलावों को संबोधित करने के लिए अपर्याप्त है। पुराने कानून को एक आधुनिक और व्यापक विधेयक से बदलकर, सरकार का लक्ष्य यह सुनिश्चित करना है कि साक्ष्य-संबंधी नियम समकालीन आवश्यकताओं के अनुरूप हों।

    भारतीय साक्ष्य विधेयक का तर्क:
भारतीय साक्षी विधेयक को पेश करने के पीछे 
सरकार की प्रेरणा इस अवलोकन से उपजी है 
कि वर्तमान भारतीय साक्ष्य अधिनियम पिछले 
दशकों में हुई तकनीकी प्रगति और सामाजिक बदलावों 
को संबोधित करने के लिए अपर्याप्त है।पुराने कानून 
को आधुनिक और व्यापक विधेयक से बदलकर, 
सरकार का लक्ष्य यह सुनिश्चित करना है कि 
साक्ष्य-संबंधी नियम समकालीन आवश्यकताओं के 
अनुरूप हों।
    21Aug, 2023
    Combatting Hate crimes in India : A Legal Perspective

    Hate crimes in India : A Legal Perspective

    Introduction

    Hinduism or Santana dharma is based on the very idea of love and respect for everyone regardless of the community to which they belong. Renowned philosophers like Swami Vivekanandaalso preached about secularism. But what we see in the world today, especially in India is the apotheosis of this word. Human beings are social culture and are meant to love and deal with each other with empathy but the social trajectory of our times is building as such that even in times of a scarcity of basic necessities such as food , shelter, clothing some people are busy creating a hostile environment for certain communities. Hate has taken the shape of extremism, communalism, violence and what not. Barely was the ink dry of our constitutional fathers laying down the principles of equality, fraternity, liberty we are here to address a new issue called ‘hate crimes’

    What are hate crimes and why are they in the headlines of every news channel? Hate crimes are incredibly disturbing offences that go against societal equality and coherence. Daughters are being raped, harassed and burnt or either made to shut their mouths if they are a victim of such crimes just because they belong to a community which occupies a ‘lower’ position in the society. While talking about hate crimes in detail, this article will examine the Indian legal system’s approach to dealing with hate crimes, including its definition, legal requirements, punishments, and difficulties.

    Definition of hate crimes

    Hate crimes are not specifically defined by legislation in India. According to Oxford Languages , it is defined as “a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.” In layman’s terms, these are criminal acts committed against individuals or groups because of their religion, caste, race, ethnicity, language, sexual orientation, gender identity, or any other protected trait. They often involve violence, harassment, or intimidation and are motivated by prejudice, bias, or hatred towards the targeted community or individual.

    The ‘hate’ in hate crimes doesn’t necessarily mean anger, frustration, jealousy or other negative feelings but encompasses a wider range of feelings such as bias or prejudice against a community. For example, just because A belongs to a particular community B presumes him to be a terrorist. Hate crimes are deleterious for societal health. Imagine waking up and walking your kids to their school with a certainty that nothing can go wrong in the way. And now imagine a situation completely opposite where you do not know when you and your kids can be attacked on their way to school just because of who you are .This is the brutal picture of hate crimes and a sad reality in India.

    History of hate crimes

    We all must have heard the name ‘The diary of Anne Frank’. Does it ring any bells to you?  Anne, a Jewish kid described about the atrocities she had to face while she was in hiding in Amsterdam. Hate crime is not a recent phenomena; it has existed for centuries. For example, The Holocaust in Germanyprovides a recent illustration of hate crime. The people belonging to the Jewish category were killed so brutally that the horrors of these killings, atrocities are still clearly present in the minds of Jewish people. The religious minority of Jews faced legal action. This holocaust took place because of Anti-Semitism which was the idea that Germans were the “superior” race and Jews were the “inferior” group.

    One such instance in India is the discrimination against the minority Hindu Kashmiri Pandits in India which was depicted in a film called ‘Kashmiri Files ’. For the people who originally belonged to the state, Kashmir became a living hell because of the Muslim predominance there. Pandits from Kashmir were given the option to either leave Kashmir or die. During that time, countless Kashmiri pandits died. The Kashmiri Pandits left in large numbers. Overnight, millions of people fled for their lives. Other examples include the 2002 Godhra riots case (for which PM Modi recently got a clean chit in June 2022) and the 1984 anti-sikh riots.

    Legal provisions and penalties
    • Indian legal framework has not dedicated any specific legislation or law to hate crimes .However several existing laws can be invoked to address such offenses such as The Indian Penal Code (IPC) which contains a number of provisions that can be used to prosecute hate crimes, including Sections 153A (Promoting animosity between groups on the basis of religion, race, place of birth, residence, language, etc.), 153B, 295A (Deliberate and malicious acts intended to outrage religious feelings), 298 and 505(1) , 505 (2) (Statements conducive to public mischief).
    • Some other legislation were also enacted such as The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, enacted in 1989, which offers particular protections for members of these groups against atrocities perpetrated against them because of their caste identity. But the sad reality is the conviction rates for such crimes are half in India.
    • The Protection of Civil Rights Act of 1955 forbids discrimination against any citizen on the basis of their religion, race, caste, sex, or place of birth and lays out consequences for violations of this prohibition.
    • Our Indian constitution has also guaranteed Fundamentalrights in part 3 of the constitution which contains article 19(1) (a) – Freedom of speech and expression. However this freedom is limited by some reasonable restrictions s in the famous case of S. Rangarajan18 it was held that “freedom of speech is subject to reasonable restriction in the larger interest of the community and the country set out in Article 19 (.In S.Rangarajan case, it was held that restrictions must be laid in the larger interest of a particular community and country.
    • Representation of People Act,1951 although does not directly deal with hate crimes , it has certain provisions dedicated to hate speech such as section 8,8A,125,123(3),123(3A).

    Case laws

    • Pravasi Balai Sangathan v. Union of India: The Supreme Court of India gave a broad definition of “hate speech” in this case. Hate speech, was defined as an effort to marginalizeindividuals based on their membership in a group in order to reduce their social standing  in the eyes of the majority which ultimately  leads to a lack of acceptance.
    • Ramji Lal Modi v. State of UP : The Supreme Court stated that “under Article 19(2) of the Constitution, freedom of speech “in the interests of public order” would only be valid if the speech was likely to create public disorder, with its connection to the disorder being proximate.” The court also held that 295A of the IPC as constitutional.
    • Sukumar v. State of Tamil Nadu  : It was held that the right to free speech does not shield people from hate speech on social media sites. Even if Article 19 of the Indian Constitution guarantees us the right to free speech, it also mentions reasonable limitations on that right in Article 19(2).The court held that nobody has a right to circulate hateful messages on social media against a community. No person is entitled to ask for an exemption under Article 19(2).

     AIR 2014 SC 1591 AIR 2014 SC 1591 AIR 2014 SC 1591Factors that lead to an increase in hate crimes

    According to a multi-organization research conducted by FactChecker, the number of hate crimes driven by religious bias increased to 93 in 2018, a decade-high.  Some factors could be:

    • Diverse population: Religious and Ethnic Tensions in India arise due to its diverse population encompassing various religious and ethnic groups. Because of these tensions, hate crimes escalate.
    o Religious and Ethnic Tensions: India is a diverse country with a multitude of different religious and ethnic groups. These tensions often lead to violence and hate crimes.
    o Caste-based Discrimination: India has a long history of caste-based discrimination, which has contributed to the marginalization of certain groups and the perpetration of hate crimes against them.
    o Lack of Political Will: Despite the presence of laws and regulations to address hate crimes, the lack of political will to enforce them effectively has created a permissive environment for such crimes to occur.
    o Social Media and Misinformation: The spread of hate speech and misinformation on social media can further fuel tensions and contribute to the perpetration of hate crimes.
    1. S. Rangarajan v P. Jagjivan Ram (1989) 2 SCC 574
    2. AIR 2014 SC 1591
    3. Ramji Lal Modi v. State of U.P., 1957 SCR 860
    • Caste-based Discrimination: Caste-based Discrimination is deeply rooted in India’s history, leading to the marginalization of specific communities and the targeted perpetration of hate crimes against them.
    • Lack of Political Will: The issue is compounded by the Lack of Political Will to effectively enforce existing laws and regulations against hate crimes. This lack of commitment creates an environment where such crimes can occur with relative impunity.
    • Advent of Social Media: With the advent of Social Media, hate speech and crimes have also increased. It is easier for people to spread hate online because sometimes anonymity of the sources is maintained and people have a tendency to believe whatever is circulated.
    • Lack of information: Sometimes lack of information also serves as a catalyst to such hate crimes since people do not feel the need to double-check the information that they receive. People need to be sensitized regarding different religions, cultures; genders etc. and empathy must be built in their minds.
    • Choking difference of opinions: In Indian families, it is generally a practice to stop the children and the young from fostering a different opinion and not thinking in the traditional way and for embracing a different faith. Our own laws of inheritance are an example of this. Until the introduction of The Caste Disabilities Removal act, 1850 the convertor was disqualified from inheriting the property.

    Solutions to Hate crimes In India

    People should be made aware and vigilant about the possible effects of circulation of unverified information online which could incite hate speeches. They must know how detrimental it is for society at large .People can also be informed about the effects of hate crime and should be encouraged to report such acts through media campaigns and community outreach initiatives. Communities can be crucial in combating hate crimes.

    4. https://globalfreedomofexpression.columbia.edu/cases/modi-v-uttar-pradesh/  

    5. https://indiankanoon.org/doc/1042064/

    6. https://www.factchecker.in/2018-saw-most-religious-hate-crime-most-deaths-in-decade/

    This can be accomplished by setting up areas where individuals can congregate and engage in direct, forthright conversationabout the problems that separate them. Additionally, it can promote greater respect and understanding amongst other communities by acting as a bridge between them. We need to build a community where no daughter has to see her father hacked and burnt, no wife has to see her husband beaten to death and no father has to see his daughter raped and charred. If someone is a victim, we must ensure that he or she speaks up and all the relevant sections are invoked to build their case. As a witness, one must not stand and silently watch a mob lynching someone rather he should be vigilant enough to call the police and inform them of such incidents. In this era of MPs and MLAs playing a game of ‘dirty politics’ of incitement and stirring hate against a community, we must build a system that punishes the attacker and not the attacked. As a guardian or a parent, it is one’s responsibility to actually foster a healthy environment in the family where difference of opinion is appreciated and nurtured instead of being choked. The most important step is to bring a specialized legislation for such matters with stringent punishments.

    Conclusion

    With the recent rise in hate crimes against Indian Sikhs in United Kingdom, it is important that we recognize how detrimental such acts of violence can be. India needs to adopt the theory of deterrence in such matters. India’s multicultural society faces a serious issue as a result of hate crimes. Although legislation specifically targeting hate crimes has not yet been passed, these crimes can nevertheless be dealt with under already in place legal measures. It is necessary to work to increase awareness, promote reporting, and reinforce the enforcement of current legislation. Additionally, social activities that support communication, empathy, and inclusivity are crucial to combat this menace. Peoples should be encourages to be empathetic towards each other and not focus on preconceived notions. We must create a system that fosters the ideals of equality, justice, and peace by working together to create a society devoid of prejudice and hatred. The need of the hour is to make our society more inclusive. The police and deputy officers need to be informed regarding their duties so as to prevent them reaching after the crime has taken place.

    List of references:

    1. https://www.justice.gov/hatecrimes/learn-about-hate-crimes
    2. https://www.drishtiias.com/daily-updates/daily-news-analysis/hate-crimes-in-india#:~:text=However%2C%20Hate%20speeches%20are%20dealt,.%2C%20is%20punishable%20under%20law.
    3. https://www.drishtiias.com/to-the-points/paper1/secularism-1
    • S. Hasthisha Desikan
    4. S. Hasthisha Desikan , ‘Legal Regulation of Hate Crimes in India: A Look at the Current Regime and its Shortcomings’ IJLMH ,

           https://www.ijlmh.com/paper/legal-regulation-of-hate-crimes-in-india-a-look-at-the-  current-regime-and-its-shortcomings/

    5. https://globalfreedomofexpression.columbia.edu/cases/modi-v-uttar-pradesh/

    for read the full article

    Combating Hate Crimes in India A Legal Perspective by Diya Saraswat

    all rights reserved by intern Diya Saraswat (Law 2nd year VIPS)

    21Aug, 2023
    Sections 382, 323, 511 and 34 IPC Tried to snatching Conviction and sentence Challenged

     


    LASKAR vs STATE OF PUNJAB CRR 2044/19 13/11/19 [ Anupinder JJ ]

    [ PUNJAB HARYANA HIGH COURT ]

    Sections 382, 323, 511 and 34 IPC Tried to snatching Conviction and sentence Challenged Petitioners are alleged to have only tried to snatch the motorcycle of the complainant by putting chilli powder in his eyes. The medical evidence does not indicate any serious injury to the complainant Petitioners are first offenders and facing the agony of protracted criminal proceedings for over 06 years. They are in their 20’s and not involved in any other case. The petitioners have undergone sentence of 4 months and 29 days It would, therefore, be in the interest of justice, if the sentence of the petitioners is reduced to the period already undergone by them – Consequently, while maintaining the conviction, the sentence of the petitioners is reduced to the period already undergone by them. They be released forthwith, if not required in any other case

    Relevant paras

    The petitioners had been convicted under Sections 382, 323, 511 and 34 IPC and sentenced to undergo rigorous imprisonment for a period of one year. The petitioners are alleged to have only tried to snatch the motorcycle of the complainant by putting chilli powder in his eyes. The medical evidence does not indicate any serious injury to the complainant. The petitioners are first offenders and facing the agony of protracted criminal proceedings for over 06 years. They are in their 20’s and not involved in any other case. The petitioners have undergone sentence of 4 months and 29 days.
    It would, therefore, be in the interest of justice, if the sentence of the petitioners is reduced to the period already undergone by them.
    Consequently, while maintaining the conviction, the sentence of
    the petitioners is reduced to the period already undergone by them. They be
    released forthwith, if not required in any other case.

     

    for read the judgment click here 

    LASKAR SINGH@LAKHWINDER SINGH AND ANOTHER VERSUS THE STATE OF PUNJAB the law literates

    all rights reserved (Vaibhav Tomar) 𝔸𝕕𝕧 

    16Aug, 2023
    Historical evolution of ADR in India and Emerging Trends in ADR in Today’s Corporate World

    Historical evolution of ADR in India and Emerging Trends in ADR in Today’s Corporate World

    Abstract:

    The manuscript delves into the multifaceted landscape of Alternative Dispute Resolution (ADR) in India, tracing its historical evolution and exploring its role in the modern corporate world. The article encompasses a comprehensive analysis, including an introduction to ADR, its fundamental concepts, types, and the distinctions between them. The legal framework governing ADR mechanisms is also discussed, offering insights into the legislative framework that supports these mechanisms. Additionally, the manuscript sheds light on recent developments in the field of ADR. The article concludes with insightful suggestions to enhance the effectiveness of ADR methods in addressing the evolving challenges of commercial disputes.

    Introduction

    Since time immemorial, humans have had disputes and fights. The only difference is earlier wars were fought to establish who is right or wrong or people had to go to the king’s darbaar to get it solved. With time, jurisprudence and judicial system evolved and then came litigation. In this method, parties resolve conflicts by contending on the basis of their rights, there is an impartial and impartisan judge who would hear those contentions from both the sides and then deliver a reasoned decision.  With time,people realized that not every dispute has to go to the traditional courts and that’s when ADR (Alternative Dispute Resolution)came into the picture.

    Meaning of Alternative Dispute Resolution & Key differences in Mediation, Arbitration and Conciliation

    ADR or Alternative Dispute Resolution includes the methods of mediation, conciliation, arbitration, settlement by judiciary and any other process of resolving disputes. It does not involve courts; and is governed by certain rules. With the advent of technology and passing of time, ADR has become a viable career option for many judicial practitioners and law students. There is an involvement of a third party which helps in solving the disputes amicably. The judgement or the decision delivered is enforceable by law. The third party involved is called mediator or arbitrator. The third party is called a Mediator in case of mediation and Arbitrator in case of arbitration. In mediation, the award is not binding whereas in arbitration the award is binding on the parties. Moreover, in arbitration there can be more than one arbitrators whereas in mediation there can be only a single mediator. Arbitration is somewhat similar to a court procedure whereas mediation has a more informal procedure and the central focus is on resolving the dispute between parties amicably. Conciliation is also a completely different process wherein there is an expert that is appointed and that expert is shouldered with the responsibility of maintaining the confidentiality of both the parties. It is regulated by Civil Procedure Code, 1908. The expert is known as the conciliatorand he has an active role to play in the process. This article will delve into the intricacies of ADR and its evolution in today’s corporate world where corporate firms are in fashion. Recently, the Mediation Bill, 2023 was also passed by the Lok Sabha which seeks to modernize the process of mediation in India.

    Evolution of ADR methods: Ancient Times

    Alternative dispute resolution has been present in the judicial fabric of India since ancient times. Its earliest mentions can be found in the Bhradarnyaka Upanishad which mentions Puga, Shreni, and Kula. Earlier also, many disputes in the villages, municipalities were solved by the method of panchayats. This was and still is a form of ADR. They used to deal with a myriad of disputes, commercial, matrimonial, contractual, civil, and criminal and everything else you can think of. In Muslim law, similar provisions find a mention in the Hedayas which are one of the principal sources of their laws. Fast forwarding the timeline, then came the British Rule in India which brought with itself specific laws and provisions dedicated to ADR mechanisms. Such mechanisms were brought into effect in Calcutta, Bombay and Madras. Let’s understand these provisions with the help of pointers.

    Timeline of evolution of Provisions for ADR in India

       As discussed above, ADR has developed hugely before and after independence of India from the British Rule .Let us understand such evolution with the help of pointers.

    • The first such legislation which opened the doors for ADR in India was the Bengal Regulation Act 1781 and Bengal Resolution Act 1771. These acts contained specific and articulate provisions guaranteeing the use of ADR I certain cases along with a special provision dedicated to arbitrators.
    • However, even though both of these acts remained in force and then came the Civil Procedure Code, 1908 which is still in force. No article on ADR is complete without the mention of Section 89 (1) which shouldered the courts to enact specific provisions for ADR mechanisms. The constitutionality of Section 89 was challenged in the case of Salem Advocate Bar Assn. v. Union of India. The honorable Supreme Court however upheld the constitutionality of Section 89. The court also observed that the provisions relating to Alternative Dispute Resolution were very successful in foreign countries and henceforth India should also keep such provisions in the judicial books of the country so as to prosper in the judicial world. The court said that such purpose can only be met by keeping the Section 89 intact. The court also ordered to constitute a committee to review the difficulties and hurdles that were there in amendment and enforceability of such provisions. The committee subsequently submitted its report and the court ordered all the High courts to enact special provisions dedicated to ADR methods.
    • After this, the Indian Arbitration Act 1899 came which was inspired and derived from its British Counterparts. This act gave a beautiful explanation of ‘submission’ which basically meant a written agreement that you will refer the matter of disputes of past and future to a third person called arbitrator even if it is not specified who will be the arbitrator.
    • Subsequently, the Arbitration Act of 1937 which basically helped in implementing the Geneva Protocol on Arbitration Clauses 1923.
    • Cutting to the present, the act that governs the ADR mechanisms in present and times is Arbitration and Conciliation Act, 1996 which is the modern legislation related to ADR in India.
    • This act of 1996 was also amended in 2015 to streamline the methods of arbitration, mediation and conciliation. This amendment enhanced the enforceability of arbitral awards and also dealt with the problem of burgeoning burden on Indian Courts to deal with tons of cases. It also sought to enhance the time taken to resolve the disputes taken to arbitration.
    • .It is also important to mention the UNCITRAL (the United Nations Commission on International Trade Law) Modelwhich is followed in today’s times. It is the Meta model that governs the international standards that have to be followed by the countries of the world when framing laws and guidelines relating to alternative dispute resolution. In 1996, India embraced the UNCITRAL Model Law on International Commercial Arbitration, aligning its arbitration laws with international standards and promoting arbitration as a preferred method of dispute resolution for international business transactions.

    Emerging Trends of ADR in India

    After the Covid-19 pandemic struck the whole world with its proliferation in every nook and corner of countries, the Indian Judicial System recognized the importance and boons that ADR mechanisms brought with it. Due to shut down of in-person court proceedings, there was a huge backlog of cases. The courts in order to deal with this vice brought many developments in ADR mechanisms in India. The courts have also observed that ADR methods are efficacious and money – saving since the proceedings are not as long as traditional dispute resolution systems (litigation). Let us understand some recent developments.

    • Virtual Alternative Dispute Resolution: Virtual ADR is an interesting method. This method is hassle-free and very efficacious. The reason being it doesn’t require any party or attorney to travel from one place to another due to jurisdictions. Both parties are free to communicate with each other through video conferencing, which allows them both to hear and see each other. However it is important to note that the development of Virtual ADR is still at the bottom of the barrel since there are problems such as troubleshooting. These hurdles must be addressed urgently in order to develop such methods to new heights. It is also important to note that there are still some lawyers in India who are practicing for 20-30 years and it might be a little difficult for them to adapt to the changes that technology has brought home with it. Online Virtual ADR might still be a far-fetched dream in India.
    • The 2021 Amendment to the Arbitration and Conciliation Act, 1996: The act was amended in 2021 for the third time in 6 years owing to the recent developments that the pandemic brought with itself. The act was omitted by way of this amendment from the 8th Schedule. Another interesting amendment is that the courts have now been empowered to stay an arbitral award if the court has a prima facie evidence that the contract on which the award was based is tainted and tarnished by ‘fraud’ or ‘corruption’.
    • Emergency Arbitration: As we know lakhs of people in India were struck with the malaise of Covid -19 Pandemic due to which there was a pressing need for urgent disposal of cases of ADR. Henceforth, a new concept called emergency arbitration emerged which meant basically utilizing arbitrators to deal with cases which called for an urgent resolution. The Court in Future Retails V Amazon held that emergency arbitration is a legitimate method and recognized emergency arbitrators as legitimate arbitrators under Indian law.

    Conclusion

    Recently, honorable Chief Justice of India, Justice Chandrachudalso observed that ADR methods are hassle-free and the Indian judiciary must become malleable enough to adapt with the changes that the onset of technology has brought in the country. The courts have again and again observed that Indian judicial system must become paper-less in order to prevent wastage of papers and make the disposal of cases easier. This end can be met by the means of Alternative Dispute Resolution. The evolution of ADR in India reflects a dynamic shift in the approach to dispute resolution, embracing alternative dispute resolution methods that are efficient, flexible, and in tune with the needs of a rapidly changing society. From ancient panchayats to the modern arbitration and mediation mechanisms, India’s ADR journey exemplifies a rich blend of tradition and progress. This article showed how the trajectory of ADR mechanisms in India has taken a shift and revolutionized the way cases are dealt. It is a very efficacious method and Indian judicial system can benefit a lot with the overall development of such methods and mechanisms. However there are certain gaps and hurdles that need to be addressed.

    References

    • https://blog.ipleaders.in/recent-developments-alternative-dispute-resolution-adr/
    • https://www.scconline.com/blog/post/2021/02/07/evolution-of-adr-mechanisms-in-india/
    • https://www.yourlegalcareercoach.com/history-of-adr-in-india-an-overview/

    Historical evolution of ADR in India and Emerging Trends in ADR in Today’s Corporate World.

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    Historical evolution of ADR in India and Emerging Trends in ADR in Today

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    13Aug, 2023
    NI ACT Section 138 Dishonour of Cheque Notice Contention that the notice is defective as the demand has been made over and above the cheque amount and the legal demand notice is vague and ambiguous, so the notice being defective, the complaint is liable to be dismissed

    Maa Tarini Industries Ltd. and vs PEC LIMITED CRLMC 254/20 20/01/20 [ Rajnish JJ ]

    [ DELHI HIGH COURT ]

    • NI ACT Section 138 Dishonour of Cheque Notice Contention that the notice is defective as the demand has been made over and above the cheque amount and the legal demand notice is vague and ambiguous, so the notice being defective, the complaint is liable to be dismissed

    Held that notice is to be read as a whole Perusal of the notice clearly set out the details of the cheque which have been dishonoured, so it cannot be said that the demand made is ambiguous or in any way confusing the petitioners as there is no denial that the cheque in question were not issued or that they were not dishonoured for insufficient funds. [ Para 9]

    9. The arguments of the Ld. counsel for the petitioners that notice is confusing qua the amount claimed and there is an ambiguity, in my opinion, the Ld. revisional Court has rightly held that notice is to be read as a whole. The perusal of the notice clearly set out the details of the cheque which have been dishonoured, so it cannot be said that the demand made is ambiguous or in any way confusing the petitioners as there is no denial that the cheuqe in question were not issued or that they were not dishonoured for insufficient funds. There is no dispute with regard to the propositions of law laid down in the judgments “supras” relied upon by the Ld. counsel for the petitioners but with due regards, the same are not applicable to the facts of the present case.
    10. A learned single judge of this court in Surender Kumar Jain vs. State & Anr., ILR (2012) 3 Del 99 accepted such objections in another similarly placed petition under Section 482 Cr. PC observing thus :-

    “5. The issue regarding filing of petition before the High Court after having availed first revision petition before the Court of Sessions has come up before the Supreme Court and this Court repeatedly. While laying that section 397(3) Cr. P.C. laid statutory bar of second revision petition, the courts have held that High Court did enjoy inherent power under section 82 (sic) Cr. P.C. as well to entertain petitions even in those cases. But, that power was to be exercised sparingly and with great caution, particularly, when the person approaching the High Court has already availed remedy of first revision in the Sessions Court. This was not that in every case the person aggrieved of the order of the first revision court would have the right to be heard by the High Court to assail the same order which was the subject matter of the revision before Sessions Court. It was all to depend not only on the facts and circumstances of each case, but as to whether the impugned order bring about a situation which is an abuse of process of court or there was serious miscarriage of justice or the mandatory provisions of law were not complied with. The power could also be exercised by this Court if there was an apparent mistake committed by the revisional court. Reference in this regard can be made to the judgments of the Supreme Court in Madhu Limave v. State of Maharashtra(1977) 4 SCC 551, State of Orissa v. Ram Chander Aggarwal, (1979) 2 SCC 305 : AIR 1979 SC 87, Rai Kapoor v. State (Delhi Administration)1980 Cri. L.J. 202, Krishnan v. Krishnaveni and Kailash Verma v. Punjab State Civil Supplies Corporation (2005) 2 SCC 571.”

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    MAA TARINI INDUSTRIES LTD. & ANR. VS PEC LIMITED

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    7Aug, 2023

    ANANTHA vs ANSHU CA 10779/13 02/12/13 [ Kirti JJ ]

    [ SUPREME COURT ]

    _*• Order 47, Rule 1 CPC Review Scope and ambit Review jurisdiction is extremely limited and unless there is mistake apparent on face of record, order/judgment does not call for review Mistake apparent on record means that mistake is self evident, needs no search and stares at its face Review jurisdiction is not an appeal in disguise Review does not permit rehearing of matter on merits High Court was not at all justified to review order dismissing revision petition Impugned order set aside

    Relevant Paras:

    9.A careful look at the impugned order would
    show that the High Court had a fresh look at the question whether the appellant could be impleaded in the suit filed by the respondent No. 1 and, in the light of the view which it took, it recalled its earlier order dated 08.06.2011. The course followed by the High Court is clearly flawed. The High Court exceeded its review jurisdiction by reconsidering the merits of the order dated 08.06.2011. The review jurisdiction is extremely limited and unless there is mistake apparent on the face of the record, the order/judgment does not call for review. The mistake apparent on record means that the mistake is self evident, needs no search and stares at its face. Surely, review jurisdiction is not an appeal in disguise. The review does not permit rehearing of the matter on merits.
    10. The order passed by the High Court on 08.06.2011, on a careful reading, shows that the High Court instead of repeating the reasons which it had
    A careful look at the impugned order would

    given in other revision petitions being CRP Nos. 2870 and 3882 of 2010, while it was fully conscious of the fact that those civil revisions arose from a different suit followed its order in CRP Nos. 2870 and 3882 of 2010. The High Court was fully conscious of the factual and legal position while it was considering the civil revision petitions filed by the present respondent No. 1. In the order upon which reliance was placed by the High Court while dismissing the civil revision petitions, the High Court had noted thus :-
    “No doubt, no relief is sought for against the proposed party in the suit. The object of Order 1 Rule 10(2) C.P.C. to implead a third party to the suit is that the dispute in the suit would be resolved in the presence of all, in order to avoid multiplicity of proceedings. There must be some semblance of right to the proposed party. If the petitioner violates the building plan without leaving set backs, cellar etc., then certainly it would cause inconvenience to the neighbours. The proposed party is one of the neighbours. Therefore, to safeguard his interest, in view of the fact that he has got some semblance of right, though no relief is claimed against him, he would be necessary and proper party to come on record. That is why the trial Court rightly impleaded him as a party to the suit and I.A. and there are no grounds to interfere with the same. The revision is devoid of merits and is liable to be dismissed.”

    N.ANANTHA REDDY ANSHU KATHURIA & ORS.

    31Jul, 2023
    ection 375 IPC Amendment regarding age of prosecutrix from 16 to 18 years Impact of social media and easily accessible internet connectivity, leading to early puberty and attraction

    Rahul vs State Of MP MCRC 24691/23 27/06/23 [ DEEPAK JJ ]

    [ MADHYA PRADESH HIGH COURT ]

    • Section 375 IPC Amendment regarding age of prosecutrix from 16 to 18 years Impact of social media and easily accessible internet connectivity, leading to early puberty and attraction between adolescents Consensual relationships between adolescents should not be treated as criminal acts and believes that higher age of consent resulted in injustice towards adolescent boys Request to Government of India to reconsider age of consent and lower it back to 16 years to address perceived unfair treatment and injustice faced by adolescent boys involved in consensual relationships. [Para 9]*_

    _**_

     

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    MCRC_24691_2023_FinalOrder_27-Jun-2023_digi

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    27Jul, 2023
    Sections 498A, 406 and 34 IPC Anticipatory bail Mentally and physically harassment Husband stated that since wife is not capable of sexual intercourse, he cannot continue this relation Husband


    PRASHANT GUPTA vs STATE OF NCT

    BAIL APPLN. 911/2019 & CRL.M.(BAIL) 657/2019& CRL.M.A. 34196/2019 & 40070/2019

    CORAM:
    HON’BLE MR. JUSTICE SURESH KUMAR KAIT     [ DELHI HIGH COURT ]

     

    • Sections 498A, 406 and 34 IPC Anticipatory bail Mentally and physically harassment Husband stated that since wife is not capable of sexual intercourse, he cannot continue this relation Husband is personally present in court and has admitted that during stay of 24 days, they had sexual relations If the petitioner is admitting that they had sexual intercourse during aforesaid period, then this court cannot believe that the Husband and wife did not have sexual relations at least after marriage Thus, he has bluffed and misled this court by making a wrong allegations against wife Court has granted anticipatory and regular bail but keeping in view the conduct of the husband Not inclined to grant anticipatory bail to the petitioner Moreover, dowry articles are yet to be recovered from petitioner Petition dismissed.

     

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    Prashant gupta vs STATE OF NCT OF DELHI & ANR delhi high court

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