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Conciliation

CRITICAL ANALYSIS OF BENAMI TRANSACTION ACT

Volume II Issue III /

CRITICAL ANALYSIS OF BENAMI TRANSACTION ACT Deepanshi Choudhary, Student at UPES Dehradun, Uttarakhand. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.1 The Benami Transactions Act is an Indian legal framework enacted to combat the practice of purchasing property in another person’s name to conceal ownership. In simple language, it deals with situations in which people hide their ownership of assets such as real estate, residences, or investments. This abstract provides a clear and brief description of the Benami Transactions Act’s critical examination. This critical examination delves deeply into the Act’s significance in the prevention of corruption and illegal financial activity. The Act prohibits a dishonest behaviour by defining what constitutes a benami transaction and imposing fines on those who are involved in this. The Act also empowers the government to take benami properties, so prohibiting their exploitation. The Benami Transactions (Prohibition) Act, 1988[1](Jaiswal, 2024), commonly known as the Benami Transactions Act, was introduced to curb the practice of holding property under false names and prevent tax evasion in India. This paper examines the development, policy and impact an act, 1988 has been amended. with special emphasis on its 2016 amendments, which significantly expand the scope and effectiveness of the law. It also examines implementation challenges, including identity issues, court complexity, and balancing enforcement and protection of legitimate interests Compared to circumstances pre- and post-reform. The paper further examines the challenges faced in the implementation of the Act, such as the burden of proof, retrospective application, and potential misuse by authorities. Therefore, the Benami Transactions Act is very crucial in order to prevent financial frauds and corruption[2] (gupta & Pandey, 2023). It is based on proper implementation and states how to overcome potential challenges. Individuals and the government can collaborate to maintain transparency and providing justice in property transfers by recognizing the scope and restrictions of this act. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 01-13. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ARBITRATION: A STREAMLINED ALTERNATIVE TO COURT LITIGATION

Volume II Issue II /

ARBITRATION: A STREAMLINED ALTERNATIVE TO COURT LITIGATION Sumit Kumar, B.A.LL.B/5th/ 9th Student. Download Manuscript Arbitration has emerged as a pivotal alternative to traditional court litigation, offering a more efficient, flexible, and confidential method for resolving disputes. This article explores the arbitration process, focusing on its key features, advantages, and the relevant legal framework in India. Central to this framework is the Arbitration and Conciliation Act, 1996, which aligns with international standards and provides a structured approach to both domestic and international arbitration. Recent amendments, including those introduced by the Arbitration and Conciliation (Amendment) Acts of 2015, 2019, and 2021, have further enhanced the efficiency and credibility of arbitration in India by introducing fast-track procedures, establishing the Arbitration Council of India, and updating the standards for arbitrators. The article also examines related laws such as the Indian Contract Act, 1872, and the Insolvency and Bankruptcy Code, 2016, which complement and support the arbitration process. Key features of arbitration include its voluntariness, neutrality, flexibility, and confidentiality, making it an attractive option for resolving various types of disputes, from commercial conflicts to international investment disputes. Additionally, the article addresses emerging trends in arbitration, such as the integration of technology and the push for greater transparency, which are shaping the future of dispute resolution. Overall, arbitration offers a streamlined, effective alternative to court litigation, catering to the evolving needs of global and domestic stakeholders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 655-673. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations

Volume I Issue III /

ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIA: LIMITATIONS AND RECOMMENDATIONS Khalid Ali Khan Afridi, Undergraduate student at PSIT Kanpur Download Manuscript ABSTRACT Alternative Dispute Resolution (ADR) mechanisms have gained significant importance in India as an alternative to traditional litigation methods for resolving disputes. This research paper aims to critically analyze the effectiveness of ADR mechanisms in the Indian context and highlight their advantages and limitations. The paper begins by providing an overview of the ADR mechanisms commonly used in India including negotiation mediation arbitration and conciliation. It explores the legal framework governing ADR in the country with specific emphasis on the Arbitration and Conciliation Act of 1996 and the Mediation and Conciliation Rules of 2004. Firstly, it evaluates the accessibility of ADR mechanisms and analyzes whether they provide a cost-effective and time-efficient alternative to litigation. Secondly the paper explores the level of awareness and acceptance of ADR among various stakeholders including legal professionals, judges and litigants. It also delves into the role played by the Indian judiciary in promoting ADR and reducing the burden on courts. Additionally, the research paper critically evaluates the efficiency and enforceability of ADR outcomes in India. It analyzes the credibility and impartiality of ADR practitioners the quality of their training and accreditation and the enforceability of ADR awards and settlements. Furthermore, the paper considers the role of technology in supporting ADR processes and the potential challenges associated with its implementation. The paper also highlights the advantages of ADR mechanisms in India such as confidentiality flexibility and preserving relationships between parties. Lastly, the research paper identifies certain limitations and challenges that hinder the widespread adoption of ADR mechanisms in India. These include a lack of awareness and education resistance from certain sections of the legal community inconsistent judicial support and the need for a robust infrastructure to support ADR processes. This research paper provides a comprehensive analysis of the alternative dispute resolution mechanisms in India exploring their effectiveness advantages limitations and the challenges they face. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 136- 151. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION

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