In India, alternative dispute resolution (ADR) methods such as arbitration, mediation, conciliation, Lok Adalats, negotiation, and settlement through ombudsman offer effective means to settle disputes outside the traditional court system. These methods are increasingly recommended by courts to allevRead more
In India, alternative dispute resolution (ADR) methods such as arbitration, mediation, conciliation, Lok Adalats, negotiation, and settlement through ombudsman offer effective means to settle disputes outside the traditional court system. These methods are increasingly recommended by courts to alleviate the heavy backlog of cases, ensuring a more efficient judicial process. ADR mechanisms provide quicker resolutions compared to lengthy litigation, and are generally more cost-effective, making them accessible to a broader population. Additionally, ADR processes maintain confidentiality, protecting sensitive information, and often help preserve personal and business relationships through collaborative, non-adversarial approaches. The flexibility of ADR procedures, tailored to the specific needs of the parties involved, further enhances their appeal. Consequently, courts advocate for ADR to foster timely, amicable, and less costly dispute resolutions.
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**Substantive laws** define rights, duties, and legal relationships, specifying what is legally permissible. For example, the **Indian Penal Code (IPC)** defines offenses like theft, specifying that stealing someone’s property is a crime and stipulating the penalties for it. Similarly, the **IndianRead more
**Substantive laws** define rights, duties, and legal relationships, specifying what is legally permissible. For example, the **Indian Penal Code (IPC)** defines offenses like theft, specifying that stealing someone’s property is a crime and stipulating the penalties for it. Similarly, the **Indian Contract Act, 1872** outlines the requirements for forming a contract, such as mutual consent and lawful consideration, and defines the rights and obligations of the parties involved.
**Procedural laws**, in contrast, govern the methods by which substantive laws are enforced. They detail the processes for legal proceedings. For example, the **Code of Civil Procedure (CPC)** provides the steps for filing a civil suit, conducting a trial, and appealing decisions. If a person wants to sue for breach of contract, the CPC outlines how to initiate the case, present evidence, and conduct hearings. The **Code of Criminal Procedure (CrPC)** specifies procedures for criminal cases, such as how police investigations are conducted and how trials are carried out.
In summary, while substantive laws focus on defining legal rights and obligations, procedural laws ensure these rights are enforced through established legal processes.
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