I VOTE FOR A CAPITAL PUNISHMENT, ARE YOU?

She was a student. She was 23.
She was coming back from a date with her boyfriend.

Her fault: she boarded the wrong bus. And oh yeah, SHE WAS A GIRL!!! Six men raped her one by one. Rammed an iron rod inside her vagina. And left her to die on the road. Naked. Wounded. Exposed. Devastated. What’s more no one even turned to look at her. No one even bothered to throw a shawl on the unclad, ill-fated girl. She can never lead a normal married life again. She has gone into coma five times since 16th December. She is unconscious, critical and hasn’t been able to stop crying. But don’t worry, she wasn’t your sister. She wasn’t your daughter. But she could be. The brutality has to stop right here guys. These people deserve a capital punishment for their heinous, pervert act.

I VOTE FOR A CAPITAL PUNISHMENT!!!
Please join many more for a CANDLE MARCH ON 22ND DECEMBER, AT 5 PM FROM ESPLANADE (INFRONT OF K.C. DAS) TO RABINDRA SADAN METRO. Please show her that you care. Please show her that you all are there for here. Maybe that’s all she will ever have to live by. I didn’t know her. But she is related to me by the universal bond of humanity. From a girl who doesn’t want to face the same fate

 (REQ- PLEASE PEOPLE COPY PASTE IT AS YOUR STATUS AND TELL ANYONE AND EVERYONE YOU KNOW. USE PHONE, BBM, WHATSAPP, FACEBOOK, TEXT MESSAGES. INFORM AS MANY PEOPLE YOU KNOW. DO THIS FOR HER. DO THIS FOR YOURSELF.) - in kolkata SHE NEEDS YOUR SUPPORT, NOT SYMPATHY. P.S: Sometimes we need to wake the govt by taking huge steps since they are all day asleep and even go through a dilemma in these kinda situations. Need ur support.....

Hang Those Bastards....What You Say FRIEND..

According to Delhi Police data, there were 480 reported cases of rape last year and 580 cases of sexual assault this year. Delhi has also seen 10 rapes that have taken place in moving vehicles, in the last 10 years.  

SHAME SHAME......

Arbitration and Conciliation Act

Ø      Meaning

When any dispute arises we generally goes to court ,because of which there is lots and lots of burden to courts, by keeping all this in mind an act was taken into consideration named ADR(Alternate dispute resolution)

Ø      ADR(Alternate dispute resolution) system includes,

§         Arbitration

§         Conciliation

§         Negotiation

§         Mediation

   

Ø      ARBITRATION

Definition

 A method of settling civil disputes by two or more persons by reference to third party called arbitrator instead of going to court.

As per sec 2 (a) of Arbitration and conciliation Act,1996 “Arbitration means any arbitrator appointed specially for the settlement of particular dispute or by some permanent Arbitral Tribunal Institution.

Sec 7 Arbitration agreement

if any dispute arises it must be solved by court but if there is arbitration agreement

“Arbitration Agreement means an agreement by the parties to submit to arbitrator all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship ,whether contractual or not”.

Sec 8 Power Of Judicial Authority to refer parties to Arbitration

If there is arbitration agreement between A and B and dispute arises between them i.e A filed litigation to court against B. here A is wrong on his part because here exist arbitration agreement .

So B can apply to court with application for referring dispute to arbitration.

Sec 9 Matters which may (court can also do) and which may not (only court) be referred to Arbitration

All disputes relating private right which civil court may take cognigance of (knowledge of) may be refered to Arbitration however,

A matter shall not be referred to Arbitration if it is Forbidden by a Statute or is opposed to public policy.

Sec 10 Number of Arbitrator

Party are free to choose number of Arbitrator but the number shall not be even.

eg:2,4,6,8 etc shall not be considered

     3,6,9,11 etc shall be considered.

Sec11 Appointment of Arbitrator

A person with any nationality can be appointed as Arbitrator unless and otherwise agreed by the parties.

Sec 12 Challenge Of Appointment Of Arbitrator

§         If Arbitrator doesn’t possess the qualification what was agreed by parties.

§         If there is doubt regarding the independency of Arbitrator.

         Sec 13 Procedure for challenging the Arbitrator

           Parties can choose whatever procedure they like ,if not agreed by parties          then sec 13 shall apply

      

           Sec 14 Failure or Impossibility to Act

         Cases where mandate given to arbitration is withdrawn

           Arbitrator becomes De jure (as per law) incompetent to Act or Arbitrator become De facto(as per fact) in competent to act or Arbitrator can act but with lots of delay and he himself withdraw or parties terminate .

           Sec 15 substitution Of Arbitrator

         As discussed in sec 14 when Arbitrator is terminated then for some period there is appointed substitute Arbitrator.

           Sec 16 Jurisdiction Of Arbitral Tribunal

        

           Sec 23 to Sec 27 Procedure for Arbitral Proceeding

         Sec 30 Settlement

         if dispute is not yet decided by the Arbitrator then party by themselves can settle the disputes.

           Award

         Decision of the arbitral Tribunal is named as Award.

          Essential of a Valid Award

§         In writing

§         It must be final and give decision on all matters

§         Should be clear and possible to perform

           Sec 31 Forms and contents of Awards

§         In writing

§         Dated and signed by arbitrator

§         Must state place of arbitrator

§         A signed copy must be delivered to each party to the reference

         Sec 31(i) Correction and Interpretation of Award

          Correction can be done within 30 days from the receipt of the award.

          Sec 33(iv) Additional Award

         If arbitrator has not decided all the disputes, In order to getit decided any of the party can make a appeal to the Arbitral tribunal within 30 days from the date of award.

If arbitrator feels it genuine he may decide it within 60 days from the date of receipt.

          Sec 34  Setting aside of an Arbitral Award 

         If you are not satisfied with the award you can challenge the award

         

Conciliation

If there is dispute between A and B , C can find solution for that but C can’t pass order he can only help A and B.

eg: As what usually happen in friends ,after quarrelling we won’t communicate ,but some of our friends (C ) tries to solve all sorts of misunderstanding .

As here C  is conciliator and the process is called conciliation process.

Appointment Of Conciliator

Same as discussed in arbitrator

Role of Conciliator

Provide assistance in independent and impartial manner