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All questions of Unit 2: Alternative Dispute Resolution in India (ADR) for Humanities/Arts Exam
The Central Administrative Tribunal and State Administrative Tribunals were set up through a law passed in _____.- a)1985
- b)1986
- c)1987
- d)1991
Correct answer is option 'A'. Can you explain this answer?
The Central Administrative Tribunal and State Administrative Tribunals were set up through a law passed in _____.
a)
1985
b)
1986
c)
1987
d)
1991
|
Amita Das answered |
The Administrative Tribunals Act, 1985 provides for adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of public servants. The act has made provisions for the Central Administrative Tribunal for the Centre and a State Administrative Tribunal for a particular State.
A person appointed by two parties to settle a dispute is known as ______.- a)Attorney
- b)Arbitrator
- c)Advocate
- d)Solicitor
Correct answer is option 'B'. Can you explain this answer?
A person appointed by two parties to settle a dispute is known as ______.
a)
Attorney
b)
Arbitrator
c)
Advocate
d)
Solicitor
|
Rohit Sharma answered |
Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", or "arbitral tribunal"), by whose decision the "award" they agree to be bound. An arbitrator serves as the decision-maker and referee in an arbitration proceeding, much like a judge during a court case.
What is the meaning of Lokyukta ?- a)People's voice
- b)People's caretaker
- c)Person appointed by people
- d)None of these
Correct answer is option 'C'. Can you explain this answer?
What is the meaning of Lokyukta ?
a)
People's voice
b)
People's caretaker
c)
Person appointed by people
d)
None of these
|
|
Pj Commerce Academy answered |
The Lokayukta is an anti-corruption ombudsman organization in the Indian states. Once appointed, Lokayukta can not be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly. The term Lokayukta comes from a Sanskrit term which means "appointed by the people".
The Arbitrator in respect of escalation cost __________- a)has no jurisdiction to proceed inherently
- b)has to proceed only within scope of Contract Act
- c)has to proceed only within scope of
- d)has jurisdiction to proceed inherently
Correct answer is option 'D'. Can you explain this answer?
The Arbitrator in respect of escalation cost __________
a)
has no jurisdiction to proceed inherently
b)
has to proceed only within scope of Contract Act
c)
has to proceed only within scope of
d)
has jurisdiction to proceed inherently
|
|
Pj Commerce Academy answered |
Cost escalation is an increase or decrease in the cost of an product, service or commodity over time. Cost escalation is specific to a particular type of cost as opposed to the economy as a whole. In case if escalation cost is subject matter of the arbitration, the arbitrator has jurisdiction to proceed inherently.
Conciliation is governed by _____________ of Civil Procedure Code.- a)Section 21
- b)Section 40
- c)Section 89
- d)Section 63
Correct answer is option 'C'. Can you explain this answer?
Conciliation is governed by _____________ of Civil Procedure Code.
a)
Section 21
b)
Section 40
c)
Section 89
d)
Section 63
|
Roshni Patel answered |
Section 89 of Civil Procedure Code governs Conciliation
Explanation:
What is Section 89 of Civil Procedure Code?
Section 89 of the Civil Procedure Code, 1908, provides for Alternative Dispute Resolution (ADR) mechanisms such as arbitration, mediation, and conciliation. It aims to promote faster resolution of disputes outside the traditional court system.
Conciliation under Section 89:
- Conciliation is one of the ADR mechanisms under Section 89 of the Civil Procedure Code.
- It involves a neutral third party, known as a conciliator, who assists the disputing parties in reaching a mutually acceptable settlement.
Key Points about Section 89 and Conciliation:
1. Voluntary Process: Conciliation is a voluntary process where parties can decide to participate and have control over the outcome.
2. Confidentiality: The proceedings of conciliation are confidential, ensuring privacy for the parties involved.
3. Impartiality: The conciliator remains impartial and does not impose a decision on the parties.
4. Flexibility: Conciliation offers flexibility in terms of scheduling meetings and deciding the terms of the settlement.
5. Enforceability: The settlement agreement reached through conciliation is binding on the parties and can be enforced like a court decree.
Role of Section 89:
- Section 89 of the Civil Procedure Code plays a crucial role in promoting amicable resolution of disputes and reducing the burden on the courts.
- It encourages parties to explore alternative methods of dispute resolution that are cost-effective and time-efficient.
In conclusion, Section 89 of the Civil Procedure Code governs conciliation and provides a legal framework for parties to resolve their disputes through a structured and collaborative process.
Explanation:
What is Section 89 of Civil Procedure Code?
Section 89 of the Civil Procedure Code, 1908, provides for Alternative Dispute Resolution (ADR) mechanisms such as arbitration, mediation, and conciliation. It aims to promote faster resolution of disputes outside the traditional court system.
Conciliation under Section 89:
- Conciliation is one of the ADR mechanisms under Section 89 of the Civil Procedure Code.
- It involves a neutral third party, known as a conciliator, who assists the disputing parties in reaching a mutually acceptable settlement.
Key Points about Section 89 and Conciliation:
1. Voluntary Process: Conciliation is a voluntary process where parties can decide to participate and have control over the outcome.
2. Confidentiality: The proceedings of conciliation are confidential, ensuring privacy for the parties involved.
3. Impartiality: The conciliator remains impartial and does not impose a decision on the parties.
4. Flexibility: Conciliation offers flexibility in terms of scheduling meetings and deciding the terms of the settlement.
5. Enforceability: The settlement agreement reached through conciliation is binding on the parties and can be enforced like a court decree.
Role of Section 89:
- Section 89 of the Civil Procedure Code plays a crucial role in promoting amicable resolution of disputes and reducing the burden on the courts.
- It encourages parties to explore alternative methods of dispute resolution that are cost-effective and time-efficient.
In conclusion, Section 89 of the Civil Procedure Code governs conciliation and provides a legal framework for parties to resolve their disputes through a structured and collaborative process.
Stages of negotiations-- a)Opening
- b)Preparation
- c)Bargaining
- d)All of the above
Correct answer is option 'C'. Can you explain this answer?
Stages of negotiations-
a)
Opening
b)
Preparation
c)
Bargaining
d)
All of the above
|
Ishani Gupta answered |
Stages of Negotiations
Negotiation is a structured process involving multiple stages. Each stage plays a critical role in reaching an agreement. Here, we explore these stages in detail.
Preparation
- This is the initial stage where both parties gather information and establish their objectives.
- Key activities include identifying interests, researching the other party's background, and determining the best alternatives.
- Effective preparation can significantly influence the negotiation's outcome.
Opening
- In this stage, each party presents their position and initial proposals.
- It sets the tone for the negotiation process and allows parties to understand each other's perspectives.
- The opening is essential for establishing rapport and outlining the agenda.
Bargaining
- This is the core stage where the actual negotiation takes place.
- Parties exchange offers and counteroffers, seeking to reconcile their differing interests.
- It often involves compromise, active listening, and strategizing to reach a mutually acceptable agreement.
Conclusion
While the stages of negotiation include preparation, opening, and bargaining, the correct answer is option 'C', which refers specifically to the bargaining stage as the most critical phase where the negotiation dynamics unfold.
Effective negotiation results from a combination of preparation, a strong opening, and skilled bargaining. Understanding each stage helps negotiators navigate the process more effectively, ultimately leading to successful outcomes.
Negotiation is a structured process involving multiple stages. Each stage plays a critical role in reaching an agreement. Here, we explore these stages in detail.
Preparation
- This is the initial stage where both parties gather information and establish their objectives.
- Key activities include identifying interests, researching the other party's background, and determining the best alternatives.
- Effective preparation can significantly influence the negotiation's outcome.
Opening
- In this stage, each party presents their position and initial proposals.
- It sets the tone for the negotiation process and allows parties to understand each other's perspectives.
- The opening is essential for establishing rapport and outlining the agenda.
Bargaining
- This is the core stage where the actual negotiation takes place.
- Parties exchange offers and counteroffers, seeking to reconcile their differing interests.
- It often involves compromise, active listening, and strategizing to reach a mutually acceptable agreement.
Conclusion
While the stages of negotiation include preparation, opening, and bargaining, the correct answer is option 'C', which refers specifically to the bargaining stage as the most critical phase where the negotiation dynamics unfold.
Effective negotiation results from a combination of preparation, a strong opening, and skilled bargaining. Understanding each stage helps negotiators navigate the process more effectively, ultimately leading to successful outcomes.
The Central Administrative Tribunal adjudicates disputes with respect to the recruitment and conditions of service of persons appointed:1) To public services and posts in connection with the affairs of the Union.2) Members of the defence forces.3) Officers and servants of the Supreme Court or of any High Court in India.Select the correct answer using the code given below.- a)1 and 2
- b)1 only
- c)2 only
- d)2 and 3
Correct answer is option 'B'. Can you explain this answer?
The Central Administrative Tribunal adjudicates disputes with respect to the recruitment and conditions of service of persons appointed:
1) To public services and posts in connection with the affairs of the Union.
2) Members of the defence forces.
3) Officers and servants of the Supreme Court or of any High Court in India.
Select the correct answer using the code given below.
a)
1 and 2
b)
1 only
c)
2 only
d)
2 and 3
|
|
Amita Das answered |
The Central Administrative Tribunal's function is to adjudicate the disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or state or other local authorities within the territory of India od under the control of Government of India.
The evidence which is inadmissible under section 81 is _____________.- a)Admissions made by other party in the course of the conciliation proceedings
- b)Proposals made by the conciliator
- c)Views expressed by the conciliator in course of conciliation proceedings
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
The evidence which is inadmissible under section 81 is _____________.
a)
Admissions made by other party in the course of the conciliation proceedings
b)
Proposals made by the conciliator
c)
Views expressed by the conciliator in course of conciliation proceedings
d)
All of the above
|
|
Simran Rane answered |
Admissible Evidence under Section 81
- Admissions made by other party in the course of the conciliation proceedings
- Proposals made by the conciliator
- Views expressed by the conciliator in course of conciliation proceedings
Explanation
Admissions made by the other party in the course of conciliation proceedings are considered inadmissible under section 81. This is because such admissions are made in the context of settlement negotiations and may not reflect the true position of the party. Allowing such admissions as evidence may hinder the conciliation process and discourage parties from freely discussing and negotiating their disputes.
Similarly, proposals made by the conciliator and views expressed by the conciliator in the course of conciliation proceedings are also inadmissible. This is to protect the neutrality and impartiality of the conciliator and to ensure that parties feel comfortable expressing their views and exploring potential solutions without fear of their statements being used against them in future proceedings.
In summary, all of the above types of evidence are considered inadmissible under section 81 in order to promote open and honest communication during the conciliation process and to facilitate the resolution of disputes in a fair and effective manner.
- Admissions made by other party in the course of the conciliation proceedings
- Proposals made by the conciliator
- Views expressed by the conciliator in course of conciliation proceedings
Explanation
Admissions made by the other party in the course of conciliation proceedings are considered inadmissible under section 81. This is because such admissions are made in the context of settlement negotiations and may not reflect the true position of the party. Allowing such admissions as evidence may hinder the conciliation process and discourage parties from freely discussing and negotiating their disputes.
Similarly, proposals made by the conciliator and views expressed by the conciliator in the course of conciliation proceedings are also inadmissible. This is to protect the neutrality and impartiality of the conciliator and to ensure that parties feel comfortable expressing their views and exploring potential solutions without fear of their statements being used against them in future proceedings.
In summary, all of the above types of evidence are considered inadmissible under section 81 in order to promote open and honest communication during the conciliation process and to facilitate the resolution of disputes in a fair and effective manner.
After the settlement agreement is reached between the parties to conciliation ________________.- a)The conciliator makes an award stating the reasons thereof
- b)The conciliator shall authenticate the settlement agreement and furnish a copy thereof
- c)The conciliator shall refer the matter to the tribunal
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
After the settlement agreement is reached between the parties to conciliation ________________.
a)
The conciliator makes an award stating the reasons thereof
b)
The conciliator shall authenticate the settlement agreement and furnish a copy thereof
c)
The conciliator shall refer the matter to the tribunal
d)
None of the above
|
|
Simran Rane answered |
Authentication of Settlement Agreement
After the settlement agreement is reached between the parties to conciliation, the conciliator plays a crucial role in ensuring the validity and enforceability of the agreement. Here's how the conciliator authenticates the settlement agreement:
Review and Confirmation
The conciliator carefully reviews the terms of the settlement agreement to ensure that all parties have agreed to the terms and conditions. This involves confirming that the agreement is fair, voluntary, and mutually acceptable.
Signing and Authentication
Once the conciliator is satisfied with the terms of the settlement agreement, they proceed to authenticate the agreement. This involves signing the agreement to certify its validity and authenticity.
Provision of Copies
After authentication, the conciliator provides copies of the settlement agreement to all parties involved. This ensures that each party has a documented copy of the agreement for their records and future reference.
Enforcement
By authenticating the settlement agreement, the conciliator helps to ensure its enforceability. The authenticated agreement can be presented in court as a legally binding document, providing a basis for enforcement if necessary.
In conclusion, the authentication of the settlement agreement by the conciliator is a critical step in the conciliation process. It helps to formalize the agreement, provide clarity to all parties, and establish a foundation for potential enforcement in the future.
After the settlement agreement is reached between the parties to conciliation, the conciliator plays a crucial role in ensuring the validity and enforceability of the agreement. Here's how the conciliator authenticates the settlement agreement:
Review and Confirmation
The conciliator carefully reviews the terms of the settlement agreement to ensure that all parties have agreed to the terms and conditions. This involves confirming that the agreement is fair, voluntary, and mutually acceptable.
Signing and Authentication
Once the conciliator is satisfied with the terms of the settlement agreement, they proceed to authenticate the agreement. This involves signing the agreement to certify its validity and authenticity.
Provision of Copies
After authentication, the conciliator provides copies of the settlement agreement to all parties involved. This ensures that each party has a documented copy of the agreement for their records and future reference.
Enforcement
By authenticating the settlement agreement, the conciliator helps to ensure its enforceability. The authenticated agreement can be presented in court as a legally binding document, providing a basis for enforcement if necessary.
In conclusion, the authentication of the settlement agreement by the conciliator is a critical step in the conciliation process. It helps to formalize the agreement, provide clarity to all parties, and establish a foundation for potential enforcement in the future.
Section 73 lays down the provisions for ______________.- a)Costs
- b)Termination of conciliation proceedings
- c)Confidentially
- d)Settlement agreement
Correct answer is option 'D'. Can you explain this answer?
Section 73 lays down the provisions for ______________.
a)
Costs
b)
Termination of conciliation proceedings
c)
Confidentially
d)
Settlement agreement
|
|
Rohit Sharma answered |
Settlement agreement after conciliation proceedings is drawn by conciliator(s), when he finds elements of settlement agreement in the matter. This has been provided under section 73 of the act which says that: When it appears to the conciliator that there exist elements of a settlement, which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement. When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively. The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
The conciliation proceedings shall be terminated ______________.- a)By signing of the settlement agreement by the parties, on the date of agreement
- b)By written declaration of the parties and the conciliator to terminate the conciliation proceedings on the date of declaration
- c)By written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated, on the date of declaration
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
The conciliation proceedings shall be terminated ______________.
a)
By signing of the settlement agreement by the parties, on the date of agreement
b)
By written declaration of the parties and the conciliator to terminate the conciliation proceedings on the date of declaration
c)
By written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated, on the date of declaration
d)
All of the above
|
|
Arun Yadav answered |
Under section 76 of the act, ways of terminating the conciliation proceedings have been provided. It says that the conciliation proceedings shall be terminated:
- By the signing of the settlement agreement by the parties on the date of the agreement; or
- By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
- By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
- By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.
In a case relating to arbitration the arbitral award was remitted under section 1616 of the Arbitration Act, 1940. The date of award was 11st June, 1992. The Arbitration and Conciliation Act came into force on 2222 August, 1996. The validity of award can be challenged under the __________________.
- a)Limitation Act,1963
- b)General Clauses Act, 1897
- c)Arbitration Act, 1940
- d)Arbitration and Conciliation Act, 1996 only
Correct answer is option 'C'. Can you explain this answer?
In a case relating to arbitration the arbitral award was remitted under section 1616 of the Arbitration Act, 1940. The date of award was 11st June, 1992. The Arbitration and Conciliation Act came into force on 2222 August, 1996. The validity of award can be challenged under the __________________.
a)
Limitation Act,1963
b)
General Clauses Act, 1897
c)
Arbitration Act, 1940
d)
Arbitration and Conciliation Act, 1996 only
|
|
Rohit Sharma answered |
If we go through section 8585 of the Arbitration and Conciliation Act, 1996, we will find that old act of 1940 has been repealed and all the provisions of the 1996 act shall be enforceable on and after the act is enforced and also the provisions of 1940 act shall apply in relation to arbitral proceedings which commenced before the $$1996$$ Act came into force unless otherwise agreed by the parties. Hence, any award passed before the 1996 act came into force shall be dealt with provisions of 1940 act.
Which one of the following is an incorrect statement?- a)Conciliation means settling of disputes without litigation
- b)The conciliators do not engage in any formal hearing
- c)The party comes to settlement only when the award is made by the conciliator
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
Which one of the following is an incorrect statement?
a)
Conciliation means settling of disputes without litigation
b)
The conciliators do not engage in any formal hearing
c)
The party comes to settlement only when the award is made by the conciliator
d)
None of the above
|
|
Anjali Sharma answered |
Conciliation is one of the non-binding and informal procedures where an impartial third party, known as the conciliator, assist the parties to a dispute in reaching a mutually agreed settlement of the dispute without any litigation. And as conciliation is non-binding in nature, there is no compulsion on the party to reach a settlement only after award made by the Conciliator. Hence, C is the correct option.
Which of the following matters cannot be referred to ADR- a)Customer complaints
- b)Civil Cases
- c)Cases of tradfe disputes criminal cases
- d)Criminal Case
Correct answer is option 'D'. Can you explain this answer?
Which of the following matters cannot be referred to ADR
a)
Customer complaints
b)
Civil Cases
c)
Cases of tradfe disputes criminal cases
d)
Criminal Case
|
|
Mansi Banerjee answered |
The correct answer is option 'D' - Criminal Case.
ADR, which stands for Alternative Dispute Resolution, is a method of resolving disputes outside of the traditional court system. It involves parties coming together with the help of a neutral third party to find a mutually agreeable solution to their dispute. ADR methods include negotiation, mediation, and arbitration.
While ADR can be used to resolve a wide range of disputes, there are certain matters that cannot be referred to ADR, and one of them is criminal cases.
Explanation:
1. ADR and its Purpose:
- Alternative Dispute Resolution (ADR) refers to the methods used to resolve disputes outside of the courtroom.
- The purpose of ADR is to provide a quicker, less formal, and more cost-effective way to resolve disputes compared to traditional litigation.
- It promotes the resolution of conflicts through negotiation, mediation, or arbitration.
2. ADR for Customer Complaints:
- Customer complaints can often be resolved through ADR methods.
- For example, if a customer has a complaint against a company regarding a faulty product or unsatisfactory service, ADR can be used to negotiate a resolution or seek mediation to find a mutually agreeable solution.
- ADR is particularly useful for resolving disputes between businesses and their customers, as it can help maintain customer satisfaction and avoid the need for lengthy court proceedings.
3. ADR for Civil Cases:
- ADR is commonly used for civil cases, which involve disputes between individuals or organizations in areas such as contract law, property law, or personal injury.
- Civil cases can be referred to ADR methods like negotiation, mediation, or arbitration to reach a settlement without going to court.
- ADR offers parties more control over the resolution process and allows them to explore creative solutions that may not be available in a courtroom setting.
4. ADR for Trade Disputes:
- Trade disputes between businesses or organizations can also be referred to ADR.
- These disputes may involve contract breaches, disagreements over terms and conditions, or conflicts regarding intellectual property rights.
- ADR methods like negotiation or mediation can help parties find a mutually agreeable solution and preserve business relationships.
5. ADR and Criminal Cases:
- Criminal cases involve offenses against society and are prosecuted by the state in criminal courts.
- ADR is not suitable for criminal cases because they involve allegations of crimes that are considered offenses against the public.
- The criminal justice system operates differently from civil cases, and the focus is on determining guilt or innocence and imposing penalties rather than resolving disputes between parties.
- Criminal cases require adherence to legal procedures, evidence presentation, and the involvement of prosecutors, defense attorneys, judges, and juries.
In conclusion, while ADR can be used for customer complaints, civil cases, and trade disputes, it is not appropriate for criminal cases. ADR focuses on resolving disputes between parties, while criminal cases involve offenses against society and require adherence to specific legal processes.
ADR, which stands for Alternative Dispute Resolution, is a method of resolving disputes outside of the traditional court system. It involves parties coming together with the help of a neutral third party to find a mutually agreeable solution to their dispute. ADR methods include negotiation, mediation, and arbitration.
While ADR can be used to resolve a wide range of disputes, there are certain matters that cannot be referred to ADR, and one of them is criminal cases.
Explanation:
1. ADR and its Purpose:
- Alternative Dispute Resolution (ADR) refers to the methods used to resolve disputes outside of the courtroom.
- The purpose of ADR is to provide a quicker, less formal, and more cost-effective way to resolve disputes compared to traditional litigation.
- It promotes the resolution of conflicts through negotiation, mediation, or arbitration.
2. ADR for Customer Complaints:
- Customer complaints can often be resolved through ADR methods.
- For example, if a customer has a complaint against a company regarding a faulty product or unsatisfactory service, ADR can be used to negotiate a resolution or seek mediation to find a mutually agreeable solution.
- ADR is particularly useful for resolving disputes between businesses and their customers, as it can help maintain customer satisfaction and avoid the need for lengthy court proceedings.
3. ADR for Civil Cases:
- ADR is commonly used for civil cases, which involve disputes between individuals or organizations in areas such as contract law, property law, or personal injury.
- Civil cases can be referred to ADR methods like negotiation, mediation, or arbitration to reach a settlement without going to court.
- ADR offers parties more control over the resolution process and allows them to explore creative solutions that may not be available in a courtroom setting.
4. ADR for Trade Disputes:
- Trade disputes between businesses or organizations can also be referred to ADR.
- These disputes may involve contract breaches, disagreements over terms and conditions, or conflicts regarding intellectual property rights.
- ADR methods like negotiation or mediation can help parties find a mutually agreeable solution and preserve business relationships.
5. ADR and Criminal Cases:
- Criminal cases involve offenses against society and are prosecuted by the state in criminal courts.
- ADR is not suitable for criminal cases because they involve allegations of crimes that are considered offenses against the public.
- The criminal justice system operates differently from civil cases, and the focus is on determining guilt or innocence and imposing penalties rather than resolving disputes between parties.
- Criminal cases require adherence to legal procedures, evidence presentation, and the involvement of prosecutors, defense attorneys, judges, and juries.
In conclusion, while ADR can be used for customer complaints, civil cases, and trade disputes, it is not appropriate for criminal cases. ADR focuses on resolving disputes between parties, while criminal cases involve offenses against society and require adherence to specific legal processes.
The present Arbitration and Conciliation Act of 1996 is based on ______.- a)Constitution of India
- b)Guidelines of Supreme Court of India
- c)European Commercial Arbitration Procedure
- d)UNCITRAL, 1985
Correct answer is option 'D'. Can you explain this answer?
The present Arbitration and Conciliation Act of 1996 is based on ______.
a)
Constitution of India
b)
Guidelines of Supreme Court of India
c)
European Commercial Arbitration Procedure
d)
UNCITRAL, 1985
|
|
Rohit Sharma answered |
The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidated and amended the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also defines the law relating to conciliation, providing matters connected therewith and incidental thereto on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Scope and object of section 8 of the Arbitration and Conciliation Act, 1996 is _________________.- a)The same as that of section 34 of the Arbitration Act, 1940
- b)different from that of section 34 of the Arbitration Act, 1940
- c)Same or different from that of section 34 of the Arbitration Act, 1940, depending on the facts and circumstances of the case
- d)Either (A) or (C)
Correct answer is option 'B'. Can you explain this answer?
Scope and object of section 8 of the Arbitration and Conciliation Act, 1996 is _________________.
a)
The same as that of section 34 of the Arbitration Act, 1940
b)
different from that of section 34 of the Arbitration Act, 1940
c)
Same or different from that of section 34 of the Arbitration Act, 1940, depending on the facts and circumstances of the case
d)
Either (A) or (C)
|
|
Arun Yadav answered |
Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. If the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Section 34 of Arbitration and Conciliation Act, 1940, says that where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other patty to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in' the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced. and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings.
When was International Telecommunications Union established?- a)1864
- b)1865
- c)1869
- d)1876
Correct answer is option 'B'. Can you explain this answer?
When was International Telecommunications Union established?
a)
1864
b)
1865
c)
1869
d)
1876
|
|
Anjali Sharma answered |
International Telecommunications Union was established as International Telegraph Union on 1717th May, 1865 at Paris. It is a specialised agency of the UN which deals with issues related to Inernational Telecommunications and information technology. The International Telegraph Union merged with International Radiotelegraph Union which was unofficially established, in the year 1932 to make International Telecommunication Union which is now headquartered at Geneva, Switzerland.
Which among the following options is the main purpose of the Arbitration and Conciliation Act, 1996?- a)To comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation
- b)To cover only domestic arbitration and conciliation
- c)To cover only international arbitration
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
Which among the following options is the main purpose of the Arbitration and Conciliation Act, 1996?
a)
To comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation
b)
To cover only domestic arbitration and conciliation
c)
To cover only international arbitration
d)
None of the above
|
|
Rajesh Gupta answered |
The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidated and amended the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also defines the law relating to conciliation, providing matters connected therewith and incidental thereto on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
The 'Principle of Co-operation' is laid down under _______________.- a)Section 71
- b)Section 70
- c)Section 69
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
The 'Principle of Co-operation' is laid down under _______________.
a)
Section 71
b)
Section 70
c)
Section 69
d)
None of the above
|
|
Rohit Sharma answered |
In Conciliation proceedings under section 71, the parties shall in good faith cooperate with the conciliator and, in particular, shall endeavor to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.
Which of the following is incorrect statement?- a)The conciliator shall assist the parties in an independent and impartial manner
- b)The conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons
- c)The conciliator shall be guided by principle of objectivity, fairness and justice
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Which of the following is incorrect statement?
a)
The conciliator shall assist the parties in an independent and impartial manner
b)
The conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons
c)
The conciliator shall be guided by principle of objectivity, fairness and justice
d)
None of the above
|
|
Amita Das answered |
As per section 67(4) of the act, the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons. Hence, B is the correct option.
Lok adalat introduced in-- a)1984
- b)1982
- c)1986
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Lok adalat introduced in-
a)
1984
b)
1982
c)
1986
d)
None of the above
|
Anuj Patel answered |
Introduction to Lok Adalat
Lok Adalat, which translates to "People's Court," was introduced in India to provide an alternative dispute resolution mechanism. This system aims to resolve disputes amicably and expeditiously without the need for formal litigation.
Year of Introduction
- 1982: Lok Adalat was first introduced in India in the year 1982.
- Objectives: The primary goal was to clear the backlog of cases in courts and provide access to justice for all, especially for those unable to afford legal representation.
Key Features of Lok Adalat
- Informal Setting: Lok Adalats operate in a more informal setting compared to traditional courts, encouraging open dialogue between parties.
- Voluntary Participation: Participation in Lok Adalat is voluntary, and disputes can be referred by the parties themselves, or by the courts.
- Finality of Decisions: Decisions made in Lok Adalat are binding on the parties involved and cannot be appealed in a regular court, ensuring finality.
Significance in the Justice System
- Access to Justice: Lok Adalat plays a crucial role in enhancing access to justice for marginalized sections of society.
- Speedy Resolution: It provides a platform for speedy resolution of disputes, significantly reducing the burden on the judicial system.
- Cost-Effective: The process is cost-effective, as it typically involves no court fees and minimal legal expenses.
In conclusion, the introduction of Lok Adalat in 1982 marked a significant step in reforming the justice delivery system in India, promoting a more accessible and efficient means of resolving disputes.
Lok Adalat, which translates to "People's Court," was introduced in India to provide an alternative dispute resolution mechanism. This system aims to resolve disputes amicably and expeditiously without the need for formal litigation.
Year of Introduction
- 1982: Lok Adalat was first introduced in India in the year 1982.
- Objectives: The primary goal was to clear the backlog of cases in courts and provide access to justice for all, especially for those unable to afford legal representation.
Key Features of Lok Adalat
- Informal Setting: Lok Adalats operate in a more informal setting compared to traditional courts, encouraging open dialogue between parties.
- Voluntary Participation: Participation in Lok Adalat is voluntary, and disputes can be referred by the parties themselves, or by the courts.
- Finality of Decisions: Decisions made in Lok Adalat are binding on the parties involved and cannot be appealed in a regular court, ensuring finality.
Significance in the Justice System
- Access to Justice: Lok Adalat plays a crucial role in enhancing access to justice for marginalized sections of society.
- Speedy Resolution: It provides a platform for speedy resolution of disputes, significantly reducing the burden on the judicial system.
- Cost-Effective: The process is cost-effective, as it typically involves no court fees and minimal legal expenses.
In conclusion, the introduction of Lok Adalat in 1982 marked a significant step in reforming the justice delivery system in India, promoting a more accessible and efficient means of resolving disputes.
The Legal Services Authorities Act, came into force on_____?- a)19th November 1987
- b)19th November 1995
- c)10th October 1996
- d)1st Janaury 1999
Correct answer is option 'B'. Can you explain this answer?
The Legal Services Authorities Act, came into force on_____?
a)
19th November 1987
b)
19th November 1995
c)
10th October 1996
d)
1st Janaury 1999
|
|
Saumya Pillai answered |
The Legal Services Authorities Act
The Legal Services Authorities Act, 1987 was enacted to provide free and competent legal services to ensure that the opportunities for securing justice are not denied to any citizen due to economic or other disabilities.
Key Dates
- The Act came into force on 19th November 1995, marking a significant step in the legal framework of India to aid the marginalized and economically weaker sections of society.
Objectives of the Act
- The primary aim is to provide free legal services to eligible individuals and ensure that justice is accessible to everyone, irrespective of their financial status.
- It seeks to establish a network of legal service authorities at the national, state, and district levels to facilitate this goal.
Provisions Under the Act
- Free Legal Aid: The Act mandates the provision of free legal aid to those who cannot afford it, ensuring the right to legal representation.
- Legal Services Authorities: Various authorities are established under this Act, including the National Legal Services Authority (NALSA), State Legal Services Authorities, and District Legal Services Authorities.
- Awareness Programs: The Act also emphasizes the need for awareness about legal rights among citizens, promoting legal literacy and education.
Impact on Society
- By facilitating access to justice, the Legal Services Authorities Act plays a crucial role in promoting social justice and equality.
- It aims to empower the underprivileged sections of society, thereby enhancing the overall legal framework and upholding the rule of law in India.
Understanding the significance of the Legal Services Authorities Act helps appreciate its role in ensuring justice for all citizens, particularly the economically disadvantaged.
The Legal Services Authorities Act, 1987 was enacted to provide free and competent legal services to ensure that the opportunities for securing justice are not denied to any citizen due to economic or other disabilities.
Key Dates
- The Act came into force on 19th November 1995, marking a significant step in the legal framework of India to aid the marginalized and economically weaker sections of society.
Objectives of the Act
- The primary aim is to provide free legal services to eligible individuals and ensure that justice is accessible to everyone, irrespective of their financial status.
- It seeks to establish a network of legal service authorities at the national, state, and district levels to facilitate this goal.
Provisions Under the Act
- Free Legal Aid: The Act mandates the provision of free legal aid to those who cannot afford it, ensuring the right to legal representation.
- Legal Services Authorities: Various authorities are established under this Act, including the National Legal Services Authority (NALSA), State Legal Services Authorities, and District Legal Services Authorities.
- Awareness Programs: The Act also emphasizes the need for awareness about legal rights among citizens, promoting legal literacy and education.
Impact on Society
- By facilitating access to justice, the Legal Services Authorities Act plays a crucial role in promoting social justice and equality.
- It aims to empower the underprivileged sections of society, thereby enhancing the overall legal framework and upholding the rule of law in India.
Understanding the significance of the Legal Services Authorities Act helps appreciate its role in ensuring justice for all citizens, particularly the economically disadvantaged.
Moot courts, in law schools, are ___________________________.- a)Exercises of law teaching
- b)Legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court
- c)Imaginary class room where a student acts as a teacher
- d)A debate on a legal problem
Correct answer is option 'B'. Can you explain this answer?
Moot courts, in law schools, are ___________________________.
a)
Exercises of law teaching
b)
Legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court
c)
Imaginary class room where a student acts as a teacher
d)
A debate on a legal problem
|
|
Rohit Sharma answered |
Moot court is an extracurricular activity in law schools where the students are given legal problems and they play a role of a counsel in a mock hearing, preparing and arguing cases.
At present, institutions for the redressal of citizen's grievances in India include:- a)Lokpal and the Lokayukta
- b)Lokayukta and the Supreme Court
- c)Supreme Court and the Lokpal
- d)Administrative Tribunals and the Lokpal
Correct answer is option 'B'. Can you explain this answer?
At present, institutions for the redressal of citizen's grievances in India include:
a)
Lokpal and the Lokayukta
b)
Lokayukta and the Supreme Court
c)
Supreme Court and the Lokpal
d)
Administrative Tribunals and the Lokpal
|
|
Anagha Pillai answered |
Institutions for Redressal of Citizens' Grievances in India
In India, several institutions have been established to address and redress citizens' grievances. Understanding these institutions is crucial for recognizing how citizens can seek justice and accountability.
1. Lokpal
- The Lokpal is an anti-corruption ombudsman at the national level, established under the Lokpal and Lokayuktas Act, 2013.
- It investigates complaints against public functionaries, including the Prime Minister, ministers, and members of Parliament.
- The Lokpal aims to promote transparency and accountability in governance.
2. Lokayukta
- Lokayukta operates at the state level and serves a similar purpose as the Lokpal.
- Each state in India can establish a Lokayukta to address grievances against state officials and public servants.
- It empowers citizens to file complaints regarding corruption and misconduct within state administrations.
3. Supreme Court
- The Supreme Court of India is the highest judicial authority and plays a critical role in safeguarding citizens' rights.
- Citizens can approach the Supreme Court for redressal through public interest litigations (PILs) or by appealing against lower court decisions.
- It ensures justice, primarily through constitutional provisions and judicial review.
Conclusion
In the context of the options presented, the correct answer is option 'B'—Lokayukta and the Supreme Court. Both institutions are pivotal for addressing grievances, while the Lokpal specifically targets corruption. Understanding these bodies empowers citizens to leverage legal frameworks for redressal effectively.
In India, several institutions have been established to address and redress citizens' grievances. Understanding these institutions is crucial for recognizing how citizens can seek justice and accountability.
1. Lokpal
- The Lokpal is an anti-corruption ombudsman at the national level, established under the Lokpal and Lokayuktas Act, 2013.
- It investigates complaints against public functionaries, including the Prime Minister, ministers, and members of Parliament.
- The Lokpal aims to promote transparency and accountability in governance.
2. Lokayukta
- Lokayukta operates at the state level and serves a similar purpose as the Lokpal.
- Each state in India can establish a Lokayukta to address grievances against state officials and public servants.
- It empowers citizens to file complaints regarding corruption and misconduct within state administrations.
3. Supreme Court
- The Supreme Court of India is the highest judicial authority and plays a critical role in safeguarding citizens' rights.
- Citizens can approach the Supreme Court for redressal through public interest litigations (PILs) or by appealing against lower court decisions.
- It ensures justice, primarily through constitutional provisions and judicial review.
Conclusion
In the context of the options presented, the correct answer is option 'B'—Lokayukta and the Supreme Court. Both institutions are pivotal for addressing grievances, while the Lokpal specifically targets corruption. Understanding these bodies empowers citizens to leverage legal frameworks for redressal effectively.
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