Libertatem Magazine

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Whether the Right to Marry is a Fundamental Right in India?

In the Article, it is discussed how Judiciary has made it clear that the right of an individual to marry a person of his or her choice irrespective of any caste, race, religion, etc. is a fundamental right and is considered an important part of Article 21 which is the Right to life and personal liberty.

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Do We Need to Transform the Indian Insolvency System?

The IBC is adaptive, dynamic, and flexible, thus making it highly impactful, however adequate institutional capacity is essential to ensure that the IBC does not suffer from the plights of earlier reform attempts such as the Debt Recovery Tribunals.

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Law Relating to Conciliation as a Mode of Alternative Dispute Resolution

A conciliation proceeding is initiated by a party sending to the other party a written invitation to conciliate. As contrasted from arbitration, when a matter is referred to conciliation, the matter does not go out of the stream of court process permanently. If there is no settlement, the matter is returned to the court for framing issues and proceeding with the trial.

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Shakti Bill: Does It Downline Justice in Sexual Assault Cases?

On Monday, two bills which are being called as the Shakti Bill was presented before the Maharastra State Assembly. But the sections provided in the Maharashtra Shakti Law, 2020, are only good enough to make political statements, but are nugatory and would be ineffective for ‘Rape’.

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Alternative Dispute Resolution: The Legal Regulations in India

Alternative Dispute Resolution (“ADR”) represents a variety of processes through which potential litigants may resolve disputes. The traditional view is that processes ranging from face-to-face negotiations to formal, binding arbitrations are used as an alternative to litigation. Today, however, the process of litigation occupies a place within a spectrum of “Appropriate Dispute Resolution”.

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