KSLU Solved Question Papers
Alternative Dispute Resolution
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2018 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Alternative Dispute Resolution 2018 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.
The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by Karnataka State Law University at the 2018 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2018 Jun examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2018 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 11 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1What is Adversarial System ? Explain its advantages and disadvantages.[9]
Answer
For full marks, cover: the meaning of the adversarial system and its origin in the common law; its features (party control, a neutral judge, oral hearing and cross-examination, burden of proof, rules of evidence); how it works in India, with the judge's limited active powers (section 165 of the Evidence Act, now section 168 of the Bharatiya Sakshya Adhiniyam 2023; section 311 CrPC, now section 348 BNSS); its advantages; its disadvantages; Byram Pestonji Gariwala, Ram Chander v. State of Haryana, Zahira Habibulla H. Sheikh; the Malimath Committee's proposal; why ADR answers its weaknesses; conclusion.
What the adversarial system is
The adversarial system is a method of deciding disputes in which two opposing parties each present their own case. A neutral judge then decides between them. Each side gathers its own evidence, calls its own witnesses and tests the other side's witnesses by cross-examination. The judge acts like an umpire who sees that the rules are followed, and then gives a decision.
It grew up in the common law of England and came to India with the British courts. It contrasts with the inquisitorial system of continental Europe, where the judge investigates the facts actively.
The Supreme Court described the common law tradition in Byram Pestonji Gariwala v. Union Bank of India, AIR 1991 SC 2234. It spoke of an "ever alert, independent and active Bar". Oral hearing is typical of "the adversarial system". This is in contrast with the "inquisitorial traditions" of France and other civil law countries, where written submissions have pride of place.
Its features
- Party control. The parties decide what claims to make, what evidence to lead and which witnesses to call.
- A neutral, passive judge. The judge does not investigate, but listens and decides on the material placed before the court.
- Oral hearing and cross-examination. Evidence is given orally in open court and tested by cross-examination, seen as the best test of truth.
- Burden and standard of proof. The party who asserts must prove. In criminal cases the prosecution must prove guilt beyond reasonable doubt, and the accused is presumed innocent.
- Strict rules of evidence and procedure. The Code of Civil Procedure, the criminal procedure code and the evidence law govern every step.
- Professional lawyers. Each side is normally represented by counsel who argues its case.
The Indian version: a judge who may intervene
Indian law does not make the judge a mere spectator. The judge may put any question to any witness at any time to discover the truth. This was section 165 of the Indian Evidence Act 1872, now section 168 of the Bharatiya Sakshya Adhiniyam 2023. A criminal court may summon or recall any witness whose evidence appears essential. This was section 311 of the Code of Criminal Procedure 1973, now section 348 of the Bharatiya Nagarik Suraksha Sanhita 2023.
The courts have marked the limits of this role. In Ram Chander v. State of Haryana, (1981) 3 SCC 191, a Sessions Judge rebuked prosecution witnesses and threatened them with perjury. The Supreme Court allowed the appeal. It held that the judge must be "a participant" and not a "recording machine". But the judge must not take on the role of a prosecutor or intimidate witnesses.
In Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158, the Best Bakery case, witnesses had turned hostile under threats, and the trial court stood by. The Supreme Court ordered a retrial. A fair trial is owed to the victim and society as well as the accused, and the judge must not be a silent spectator.
Advantages
- Fairness and impartiality. The judge stays neutral, and each side is heard fully.
- Testing of evidence. Cross-examination exposes false or weak evidence.
- Protection of the accused. The presumption of innocence and the burden on the prosecution guard against wrongful conviction.
- Party autonomy. Each side controls its own case and its own strategy.
- Public and reasoned decisions. Open hearings and reasoned judgments build confidence and create precedent.
Disadvantages
- Delay. Pleadings, adjournments, long cross-examination and appeals make cases last for years.
- Cost. Lawyers' fees and repeated hearings make litigation expensive.
- Inequality. The richer party, with the better lawyer, often has the advantage. The contest may turn on skill rather than truth.
- Truth can be lost. If a party does not produce a fact, the court may never learn it. Zahira shows how a passive court can fail justice.
- Technicality. Strict rules of procedure and evidence can defeat a just claim.
- Bitterness. A win-lose contest damages relationships, especially in family and business disputes.
Reform proposals
The Committee on Reforms of Criminal Justice System headed by Justice Malimath reported in 2003. According to the International Commission of Jurists' review, its "essence" was a shift towards an inquisitorial system. The "quest for truth" would be the main objective. The ICJ warned that parts of the proposal could weaken the presumption of innocence and the right to silence.
Why ADR answers its weaknesses
Most of the disadvantages, such as delay, cost, technicality and bitterness, are the reasons ADR exists. Section 89 of the Code of Civil Procedure 1908 now requires civil courts to consider sending cases to arbitration, conciliation, mediation or Lok Adalat. Disputes that need no public ruling can then be settled quickly and in private.
Conclusion. The adversarial system lets each party present its case before a neutral judge who decides on the evidence placed before the court. Its strengths are fairness, the testing of evidence by cross-examination, protection of the accused and public reasoned decisions. Its weaknesses are delay, cost, inequality between parties and the risk that truth is lost. Indian law softens these by letting the judge take an active part within limits, as Ram Chander and Zahira show. ADR offers a further remedy for the disputes the system handles worst.
The rest of the answers
The first answer is free. The rest come with the KSLU B.A. LL.B. Semester 8 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Solved papers: ₹499 Already bought it? Sign in
The question paper itself stays free.
Found an error in this volume? Report it and we will check it against the paper.