Ubi Jus Ibi Remedium

Published in Chartered Secretary, Vol. XXXVIII, No. 2, Feb. 2008, pp. 176-178 (Monthly publication of ICSI, N. Delhi) Arbitration is one of the alternative dispute resolution mechanism designed to solve the problem of mounting arrears of cases pending in regular courts of law. M.A. Sujan observes: “In popular parlance, arbitration may be defined as a private process set up by the parties as a substitute for court litigation to obtain a decision on their disputes.” [1] Arbitration is an ‘alternative’ or ‘substitute’ for the regular courts of law empowered to dispense justice. Self-contained code in itself The Arbitration and Conciliation Act, 1908 (hereinafter “the Act” for short) of India is a self-contained code in itself providing within it all the procedural and substantial aspects of Arbitration. Section 19 (1) of the Act provides that the arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Section 16 of the Act provides abso...

(Published in Legal News & Views, Indian Social Institute, New Delhi, January 2007) “Any young man who makes dowry a condition of marriage discredits his education and his country and dishonours womanhood.” …Mahatma Gandhi [1] I. PROLOGUE Marriages are made in heaven, is an adage. A bride leaves the parental home for the matrimonial home, leaving behind sweet memories there, with a hope that she will see a new world full of love in her groom's house. Alas! the alarming rise in the number of cases involving harassment to the newly wed girls for dowry shatters the dreams. In-laws are characterised to be outlaws for perpetrating terrorism which destroys the matrimonial home. The terrorist is dowry which is spreading tentacles in every possible direction. [2] An average of one dowry death is reported every 77 minutes according to the National Crime Record Bureau and victim support groups say complaints of dowry harassment are rising. II. MEANING OF DOWRY Section 2 of the...