Papers by Priyadarshi Nagda
No nation of the world can be crime free and in all the systems of the world, all races, all clas... more No nation of the world can be crime free and in all the systems of the world, all races, all classes, and in both sexes criminals are found and to check that system the prison system was developed in all the societies throughout the globe. Apparently the prison in India represents the less developed of all the prison systems. The traditions, culture and the value and the poor economic conditions have prevented the jail administration to evolve the better models of prison management. The rules and regulations governing management and administration of prisons and treatment of prisoners have been incorporated in old prison act 1894 and also in various other national and international provisions. In India various committees have worked upon prison reforms along with prison manuals which include the executive instructions issued by the Inspector General of Prisons from time to time for the guidance of prison personnel. Many provisions related prison system and inmates are enriched in the constitution of India too.
International Journal of Law, Jul 1, 2017
International Journal for Advance Research and Development, Aug 3, 2017
Over the time, the nature of dispute settlement has fluxed significantly. And one of the mechanis... more Over the time, the nature of dispute settlement has fluxed significantly. And one of the mechanism which has attended the highest priority in this changing process is "Med-Arb". Med-arb is the combination is a hybrid resolution process bringing together the elements of both Mediation and arbitration. This research article will attempt to light all the positive dynamics of Mediation and arbitration as it is very pertinent to understand the benefits of mechanism which has attained so much of popularity. In this process, parties initially try to collaborate on the dispute with the assistance of Mediator. And following this,i still, no resolution is made then parties move to the course of arbitration. But if dispute is rectified at the initial step itself i.e., mediation, then there is no for the arbitration. The person who conducts the process of Med-Arb is known Med-arbiter. The mediator can assume the role of arbitrator (if qualified) and render a binding decision quickly, or an arbitrator can take over the case after consulting with the mediator. Med-arbiter handles the whole case and if parties had reached an agreement on some issues, the med-arbiter would rule only on the issues that remained. Alternatively, arbitrator could take over all or part of the dispute from a mediator. The med-arb process begins with the standard procedures of a basic mediation without pleadings, discovery, subpoenas and the other formalities that are common to binding arbitration. The mediator has the freedom that mediation allows them in being able to talk to the parties both collectively or privately as he/she deems to be appropriate. Where the parties choose Med-Arb as their dispute resolution mechanism, they prescribe a fixed time frame during which they will retain control over how the dispute will be resolved and work towards a voluntary settlement with the other party, after which they agree to relinquish control over the outcome and opt for a final determination of the dispute by a neutral person. Med-Arb therefore strikes a balance between party autonomy and finality in dispute resolution. The mechanism is proved to be most effective in case when there is time pressure. And also it is purely on the voluntarily basis. Med-Arb could be conducted in institutional approach, like, by following the procedure formulated by institutions like SMC-SIAC Med-arb procedure, CDRS Med-arb rules and procedure etc.
International Journal of Law, Jul 1, 2017
International Journal of Advanced Research and Development, 2017
International Journal for Advance Research and Development, 2017
Over the time, the nature of dispute settlement has fluxed significantly. And one of the mechanis... more Over the time, the nature of dispute settlement has fluxed significantly. And one of the mechanism which has attended the highest priority in this changing process is “Med-Arb”. Med-arb is the combination is a hybrid resolution process bringing together the elements of both Mediation and arbitration. This research article will attempt to light all the positive dynamics of Mediation and arbitration as it is very pertinent to understand the benefits of mechanism which has attained so much of popularity. In this process, parties initially try to collaborate on the dispute with the assistance of Mediator. And following this,i still, no resolution is made then parties move to the course of arbitration. But if dispute is rectified at the initial step itself i.e., mediation, then there is no for the arbitration. The person who conducts the process of Med-Arb is known Med-arbiter. The mediator can assume the role of arbitrator (if qualified) and render a binding decision quickly, or an arbi...
The prison system is expected to make life unpleasant for people who, by their crimes, have made ... more The prison system is expected to make life unpleasant for people who, by their crimes, have made others lives unpleasant. Finally, society wants to reduce crime rates. The prison system is expected to reduce crime rates not only by reforming criminals but also by deterring the general public from behavior which is punishable by imprisonment. The prison system in our country is now been improved much. In general effects of imprisonment are the nature of the progressive weakling of mental powers and of a deterioration of the character in a way which render the prisoners' life fit for useful social life and in consequence more liable to reconviction. Our enormous investment of time, energy and money for reformative or rehabilitative prison model has been demonstratively successful in preventing and controlling recidivism among prisoners. But in previous time the prison condition was not so good. Now, in Indian prison the caring of the prisoners are better and even improved as we co...
International Journal of Advance Research and Innovative Ideas in Education, 2017
BRIEF STUDY OF CONSTITUTIONAL PROVISIONS REGARDING PRISON SYSTEM AND INMATES IN INDIA Priyadarshi... more BRIEF STUDY OF CONSTITUTIONAL PROVISIONS REGARDING PRISON SYSTEM AND INMATES IN INDIA Priyadarshi Nagda University College of Law, MLS University, Udaipur, Rajasthan, India ABSTRACT No nation of the world can be crime free and in all the systems of the world, all races, all classes, and in both sexes criminals are found and to check that system the prison system was developed in all the societies throughout the globe. Apparently the prison in India represents the less developed of all the prison systems. The traditions, culture and the value and the poor economic conditions have prevented the jail administration to evolve the better models of prison management. The rules and regulations governing management and administration of prisons and treatment of prisoners have been incorporated in old prison act 1894 and also in various other national and international provisions. In India various committees have worked upon prison reforms along with prison manuals which include the executiv...
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Papers by Priyadarshi Nagda