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Judgment Search Results Home > Cases Phrase: mediation Court: karnataka Page 1 of about 3,569 results (0.008 seconds)

Feb 19 2008 (HC)

Dr. M. Mahalingam Vs. Smt. Shashikala Since Deceased by Lrs and ors.

Court : Karnataka

Reported in : ILR2008KAR4055

..... rules with such modifications as they may deem it fit. the karnataka high court in turn has framed (1) the civil procedure (alternative dispute resolution karnataka) rules, 2005; karnataka civil procedure code (mediation) rules, 2005; civil procedure (amendment karnataka) rules, 2005 and karnataka (cash flow management in subordinate courts) rules, 2005.26. now if the aforesaid rules are implemented in letter and spirit ..... be given to section 89 of the code. the said committee submitted its report and along with the same submitted model rules for approval in respect of alternative dispute resolution, mediation, amendment to the code as well as cash flow management in subordinate courts. the supreme court approved the same and required the high courts in the country to adopt the ..... out whether the suit could be settled in any one of the alternative dispute resolution mechanism provided under the said section, namely arbitration, conciliation, judicial settlement including lok adalath or mediation. in the event of the suit being not settled in the foresaid four modes then the court has to embark upon a trial. strictly speaking the hearing of the suit ..... any one of the modes of settlement; and accordingly issue appropriate directions.(4) while referring the matter to lok adalath or mediation, the court shall fix the date of trial beyond 60 days, making it clear that if the mediation or lok adalath fails, the trial would begin on the said date and that it will go on day to day.(5 .....

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Apr 19 2012 (HC)

Smt. Rachamma, Wife of Late Chikkaiah. Vs. M.P. Lakshmaiah, Son of Lat ...

Court : Karnataka

..... .03.2012. learned advocates appearing for the parties identify their respective clients, who admit their signatures as appearing on the memorandum of agreement dated 30.03.2012, drawn in the mediation centre, bangalore.6. sri g.b. nandish gowda, learned advocate appearing for the respondents delivered a pay order bearing no.827082 dated 05.04.2012 for zl,00,100/-, payable ..... into an agreement under s.89 of cpc read with rules 24 and 25 of karnataka civil procedure (mediation) rules, 2005. the bmc has forwarded the said agreement along with enclosures.4. learned advocates appearing for the parties submitted that the agreement reached between the parties in the bmc ..... .p3 and the sale deed at ex.p5?"3. learned advocates on both sides having submitted that there are elements of settlement and the matter may be referred to bangalore mediation centre, to explore the possibility of settlement, the matter was referred to bmc. the parties having appeared before the bmc, they have arrived at an amicable settlement and have entered ..... dated 30.03.2012.7. the compromise entered into by the parties is lawful and can be accepted. hence, the memorandum of agreement dated 30.03.2012 drawn at the mediation centre, bangalore is placed on record. the appeal stands dismissed in terms of the said agreement.draw decree accordingly.parties to bear their respective costs. .....

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Jan 13 2010 (HC)

Sri N. Ramachandrappa Vs. Smt. M. Geetha

Court : Karnataka

Reported in : 2010(2)KCCR1069

..... of the phrase lawful' can be pressed into service. the said phrase lawful' cannot be stretched to an absurdity to render the proceedings before the mediation center otiose. it is no doubt true that the court is also required to assure itself of the maturity and the comprehension of the spouses: ..... minimal or even remote, the courts are required to grant a decree for dissolution of marriage. it is no doubt true that rule 25 of the mediation rules would contemplate that the settlement arrived at between the parties is lawful. usage of the phrase 'lawful' in medication rules is only to ascertain ..... with the terms of settlement accepted by the parties. further, in this view, there is no question of the court which refers the matter to mediation/conciliation being debarred from hearing the matter where settlement is not arrived at. the judge who makes the reference only considers the limited question as to ..... tried to play fraud with law, but however, the situation on hand is not identical.5. as observed earlier, the proceedings were referred to the mediation center by the family court. the parties have even found that there is no possibility of them continuing to stay as husband and wife. hence they ..... their claim. the said order is impugned in this writ petition.2. learned counsel for the petitioner submits that the matter was referred to the mediation center by the family court itself so that the matter could be thrashed out without going through the agony of a full-fledged trial. he .....

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Oct 31 2014 (HC)

Bhavana Ramaprasad Vs. Yadunandan Parthasarathy

Court : Karnataka

..... the disputes amongst the litigants by having recourse to alternative dispute resolution processes, more particularly the matrimonial dispute(s), by referring them to mediation centre(s). in view of the foregoing, family court having committed the breach, the impugned order being illegal, is quashed. the family court shall refer m.c.no.1163/ ..... . 25. the number of litigations being on rise, for small and trivial matters, people approach the courts. the judicial system is overburdened, causing delay in adjudication of the disputes. mediation centres, arbitration and conciliation centres, were opened, by keeping ir view s.89 of cpc, to ease the burden of the courts, tamest efforts have to be made to resolve ..... particularly s.9, which casts a duty to assist and persuade the parties to arrive at a settlement by referring them to alternative dispute resolution processes of conciliation and / or mediation. the family court judge has not shown a human approach which he is expected to have while dealing with the matrimonial dispute, since, the marriage is an institution of great ..... the court should be to restore peace amongst the parties. ?? to achieve the said object, the court should encourage and persuade the parties to reconcile, by referring them 10 conciliation / mediation. instead, the observations made in the impugned order, extracted in para 2 supra, would push the parties further into conflict and litigate in the matter. in matrimonial cases, only as .....

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Jan 28 2015 (HC)

The Chief Officer Town Panchayath Vs. Gunasundarammanni and Others

Court : Karnataka

..... chief officer with the respondents in the petitions provides for illegal allotment founded upon ultra vires and illegal act of the chief officer. ?? 7. sequentially the compromise petition filed in mediation, following which o.s. 14/2009 was decreed in terms thereof, is perpetuating an illegality, hence the compromise decree being an illegal decree cannot be legalized. the chief officer, tmc ..... and the petitioner-town municipal counsel, arraigned as defendant, on terms and conditions mentioned therein. in that suit, parties having reduced the terms of compromise into -writing, placed it in mediation, which, when accepted the suit was allowed by judgment and decree dated 25.11.2011; b) thereafterwards, respondents 1 to 17 in w.p. 26755/2012 filed execution petition 15 .....

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Oct 09 2014 (HC)

N.A. Muthappa and Others Vs. State of Karnataka and Another

Court : Karnataka

..... the law laid down by the hon'ble apex court, in order to facilitate the parties to live happily in their future, the compromise entered into between them before the mediation centre at bangalore, is also to be accepted by this court for the purpose of quashing the proceedings. 7. in view of the above, i am of the opinion that ..... court for dissolution of their marriage in m.c. no.2740/2013. 4. it is seen from the records that the family court has referred the parties to the bangalore mediation centre for exploring the possibility of settlement. the parties have entered into a memorandum of settlement resolving the entire conflict between themselves. the parties have produced the said memorandum of ..... petitioner no.1, is dispensed with. 2. it is submitted that the 1st petitioner as well as the 2nd respondent have compromised the entire conflict between themselves before the bangalore mediation centre and they have entered into a memorandum of settlement under section 89 of c.p.c.. 3. petitioner no.1 is the husband of the 2nd respondent. it is .....

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Feb 17 2016 (HC)

Swaroopa Rani Vs. Rajendrareddy

Court : Karnataka

..... counsel appearing for both the parties, as stated supra, is placed on record. 5. the memorandum of agreement dated 6th january, 2016 entered into between the parties before the bangalore mediation centre, duly signed by the appellant and respondent and attested by the learned counsel appearing for the respective parties is placed on record. the terms and conditions of the memorandum ..... the memorandum of agreement dated 6th january, 2016 filed under section 89 of the code of civil procedure, 1908 read with rules 24 and 25 of the karnataka civil procedure (mediation) rules, 2007, and the marriage solemnised between the appellant and the respondent on 26/ 04/2001 may be dissolved by granting a decree of divorce. 4. the submission of the ..... the courts for redressal. they have been residing separately since 8 years. during the course of the aforesaid proceedings, the matter was referred to mediation for resolving the dispute between the parties. in the course of mediation, the appellant and the respondent on their own volition and without any coercion have resolved their disputes and mutually agreed for the following terms and .....

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Mar 23 1970 (HC)

S. Rajanna Vs. S.M. Dhondusa and ors.

Court : Karnataka

Reported in : AIR1970Kant270; AIR1970Mys270

..... far as we can see, that his lordship understood that the contract was not one contained in the letter but one arrived at and concluded at the preceding mediation referred to, because the mediation itself is described as having resulted in one party giving up a claim for money against the other in consideration of that other party giving up his right ..... the suit properly which belonged to his wife. oral evidence of such previous mediation was held to be permissible to prove consideration for giving up of the property under the letter in question. this is what is stated in the judgment:--'the prohibition in ..... of the defendant, by the father under a deed of gift in 1933. the defendant sought to prove that though the letter mentioned no consideration, the same was preceded by mediation as a result of which the defendant gave up a claim to recover rs. 350 from the 1st plaintiff in consideration of the 1st plaintiff giving up the right in .....

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Jun 05 2009 (HC)

Century Club Vs. Commissioner of Service Tax

Court : Karnataka

Reported in : 2010[17]STR337

..... thus :section 65(51): 'health and fitness service' means service for physical well being such as, sauna and steam bath, turkish bath, solarium, spas, reducing or slimming salons, gymnasium, yoga, mediation, massage (excluding therapeutic massage) or any other like service.section 65(52) : 'health club and fitness centre' means any establishment, including a hotel or a resort, providing health and fitness .....

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Nov 27 2003 (HC)

Mohd. Ibrahim Vs. Mehrunisa Begum

Court : Karnataka

Reported in : AIR2004Kant261

..... the same roof. the defendant husband claims that the plaintiff wife on her own abandoned the matrimonial home and stayed with her parents and in spite of repeated attempts for mediation and for settlement made by the khazi failed, therefore, the defendant on 22-5-2002 sent a written notice of talaq returnable divorce which was received by the plaintiff, but .....

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