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Section 89 of the Code of Civil Procedure, 1908: A Critical Analysis

By: Contributor(s): Publication details: Bangalore NLSIU 2007Description: 109pSubject(s): Online resources:
Contents:
TABLE OF CONTENTS CONTENTS; CHAPTER.1; INTRODUCTION; RESEARCH METHODOLOGY; Scope; Limitation; Research objectives; Research questions; Chapterisation; Sources; Hypothesis; Method of analysis; Mode of citation; Outline Of Dissertation; CHAPTER. 2; SECTION 89: HISTORICAL ANALYSIS ; 2.a) Alternative Dispute Resolution during Ancient and Medieval India; 2.b) Alternative Dispute, Resolution during the British Rule; 2.c) Alternative Dispute Resolution in the Post-Independence Era; CHAPTER 3; SECTION 89 OF THE CIVIL PROCEDURE CODE: A DETAILED ANALYSIS; 3. a) Analysis of Section 3. b) Implications Of Section 89 In The Light Of Salem Advocate Bar Assn Cases; CHAPTER.4; ANAL YSIS OF THE CONCEPTS OF ARBITRATION AND CONCILIATION UNDER SECTION 89 OF THE CIVIL PROCEDURE CODE; 4. a) Arbitration under Section 89 of the Civil Procedure Code: Application of Arbitration and Conciliation Act, 1996; 4. a.l) Concept of Arbitration: A Brief Analysis and Overview of the Arbitration and Conciliation Act, 1996; 4. a.2) Impact of the Application of Arbitration and Conciliation Act, 1996, In the Operation of Arbitration under Section 89 of the Civil Procedure Code; 4.b) Conciliation under Section 89 of the Civil Procedure Code: Application of the Arbitration and Conciliation Act, 1996; 4.b.l) Conciliation: A Brief Analysis and Overview of the Arbitration and Conciliation Act,1996; 4.b.2) Impact of the Application of Arbitration and Conciliation Act, 1996, In the Operation of Conciliation under Section 89 of the Civil Procedure Code; CHAPTER.5 ANAL YSIS OF THE CONCEPT OF JUDICIAL SETTLEMENT UNDER SECTION 89 OF THE CIVIL PROCEDURE CODE; 5.a)Judicial Settlement Under Section 89:Application Of Legal Services , . Authority's Act, 1987; 5.a.1) Lok Adalats: Brief Analysis And Overview Of The Legal Service Authority's Act; 5.a.2) Impact of the Application of Legal Services Authorities Act, 1987, In the Operation of Judicial Settlement Proceedings under Section 89 of the Civil Procedure Code; CHAPTER .6 ANAL YSIS OF THE CONCEPT OF MEDIATION UNDER SECTION 89 OF THE CIVIL PROCEDURE CODE; 6.a) Mediation: Analysis of the Concept under Section 89 in the light of Salem Advocate Bar Assn. Case; 6.b) Mediation under Section 89 of the Civil Procedure Code: Analysis of the Draft Rules on Mediation; CHAPTER .7 SECTION 89 OF THE CIVIL PROCEDURE CODE: CRITICAL ANALYSIS, RECOMMENDATIONS AND CONCLUSION; 7.a) Section 89 of the Civil Procedure Code: A Critical Analysis; 7.a.1) Inadequacy and Ambiguity in Section 89; 7.a.2) Section 89: Whether Ultra Vires the Constitution; 7.b) Section 89 of the Civil Procedure Code: Recommendations for Ensuring Efficacy; 7.c) Conclusion; ANNEXURE I; LIST OF REFERENCES; Bibliography; Articles And Lectures; Statutes, Rules And Reports; Case Laws; Materials From The Internet
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TABLE OF CONTENTS
CONTENTS;
CHAPTER.1;
INTRODUCTION;
RESEARCH METHODOLOGY;
Scope;
Limitation;
Research objectives; Research questions; Chapterisation;
Sources; Hypothesis; Method of analysis;
Mode of citation; Outline Of Dissertation;
CHAPTER. 2;
SECTION 89:
HISTORICAL ANALYSIS ;
2.a) Alternative Dispute Resolution during Ancient and Medieval India;
2.b) Alternative Dispute, Resolution during the British Rule;
2.c) Alternative Dispute Resolution in the Post-Independence Era;
CHAPTER 3;
SECTION 89 OF THE CIVIL PROCEDURE CODE: A DETAILED ANALYSIS;
3. a) Analysis of Section
3. b) Implications Of Section 89 In The Light Of Salem Advocate Bar Assn Cases;
CHAPTER.4;
ANAL YSIS OF THE CONCEPTS OF ARBITRATION AND CONCILIATION
UNDER SECTION 89 OF THE CIVIL PROCEDURE CODE;
4. a) Arbitration under Section 89 of the Civil Procedure Code: Application of
Arbitration and Conciliation Act, 1996;
4. a.l) Concept of Arbitration: A Brief Analysis and Overview of the Arbitration and Conciliation Act, 1996;

4. a.2) Impact of the Application of Arbitration and Conciliation Act, 1996, In the
Operation of Arbitration under Section 89 of the Civil Procedure Code;
4.b) Conciliation under Section 89 of the Civil Procedure Code: Application of the
Arbitration and Conciliation Act, 1996;
4.b.l) Conciliation: A Brief Analysis and Overview of the Arbitration and Conciliation Act,1996;

4.b.2) Impact of the Application of Arbitration and Conciliation Act, 1996, In the
Operation of Conciliation under Section 89 of the Civil Procedure
Code;
CHAPTER.5
ANAL YSIS OF THE CONCEPT OF JUDICIAL SETTLEMENT UNDER
SECTION 89 OF THE CIVIL PROCEDURE CODE;
5.a)Judicial Settlement Under Section 89:Application Of Legal Services , .
Authority's Act, 1987;
5.a.1) Lok Adalats: Brief Analysis And Overview Of The Legal Service Authority's
Act;
5.a.2) Impact of the Application of Legal Services Authorities Act, 1987, In the
Operation of Judicial Settlement Proceedings under Section 89 of the Civil
Procedure Code;
CHAPTER .6
ANAL YSIS OF THE CONCEPT OF MEDIATION UNDER SECTION 89 OF THE CIVIL PROCEDURE CODE;
6.a) Mediation: Analysis of the Concept under Section 89 in the light of Salem
Advocate Bar Assn. Case;
6.b) Mediation under Section 89 of the Civil Procedure Code: Analysis of the
Draft Rules on Mediation;
CHAPTER .7
SECTION 89 OF THE CIVIL PROCEDURE CODE: CRITICAL ANALYSIS,
RECOMMENDATIONS AND CONCLUSION;
7.a) Section 89 of the Civil Procedure Code: A Critical Analysis;
7.a.1) Inadequacy and Ambiguity in Section 89;
7.a.2) Section 89: Whether Ultra Vires the Constitution;
7.b) Section 89 of the Civil Procedure Code: Recommendations for Ensuring Efficacy;
7.c) Conclusion;
ANNEXURE I;
LIST OF REFERENCES;
Bibliography;
Articles And Lectures;
Statutes, Rules And Reports;
Case Laws;
Materials From The Internet