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Judgment Search Results Home > Cases Phrase: mediation Court: kerala Page 1 of about 4,563 results (0.013 seconds)

Oct 11 2006 (HC)

Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co.

Court : Kerala

Reported in : 2007(1)ARBLR405(Kerala); 2007(1)KLT196

..... adr available. it would be artificial to read into the section any distinction between method (a) relating to arbitration and the other three methods of conciliation, judicial settlement and mediation. the language of section 89(1) treats all the four dispute resolution mechanisms identically. except the traditional notion of arbitration being adjudication by a private judge - and i ..... parties amicably. malimath committee recommended to make it obligatory for the court to refer the dispute, after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement or through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate dispute resolution method that the suit ..... , submits the learned counsel.21. sri. ramesh chander thirdly contends that even assuming thatthe civil court has the power to refer the parties to conciliation,judicial settlement or mediation without their consent, such a power to refer the parties to arbitration without their consent cannot be assumed. by its very nature, the method of dispute resolution by ..... the court may reformulate the terms of a possible settlement and refer the same for -(a) arbitration;(b) conciliation;(c) judicial settlement including settlement thorough lok adalat; or(d) mediation.(2) where a dispute has been referred -(a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the .....

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Apr 10 2008 (HC)

Ararammal Parkum A.B. and ors. Vs. Panangadan Vachali Subhadra and ors ...

Court : Kerala

Reported in : 2008(2)KLJ508; 2008(3)KLT233

..... fighting mood. one case settled thus would avoid minimum ten cases in future. mediation is a process in which a neutral third party assists the disputing parties to resolve their disputes without going to trial. it presents an opportunity for dispute resolution with involvement ..... some of the defendants.10. satisfaction of the plaintiff is the most vital aspect in a compromise or settlement. mediation or conciliation or both together, compared to other adr methods, would produce better results, since by those processes reconciliation is achieved and the parties are no more in a ..... all the parties to the suit may not be possible in view of the passage of time, number of parties and their distanced relationship. however, in the conciliation-cum-mediation it came out that without affecting the interests of those defendants who are benefited by the preliminary decree and who have not filed appeals, the plaintiffs could be satisfied by ..... parties, the court may reformulate the terms of a possible settlement and refer the same for-(a) arbitration;(b) conciliation;(c) judicial settlement including settlement through lok adalat; or(d) mediation.(2) where a dispute has been referred-(a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the proceedings .....

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Dec 23 1958 (HC)

Pappan Narayanan Vs. Kerala State

Court : Kerala

Reported in : AIR1959Ker354; 1959CriLJ1324

..... , he replied that he wished to say nothing there and would reserve his statement tor the court of session. at the trial, he pleaded alibi and said that, after the mediation on the 28 november had failed, he went away, and that from about 8 p. m. till the morning he was engaged in baling water and carrying stones near the .....

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Mar 13 2002 (HC)

Ashraf Vs. Jennathu Beevi

Court : Kerala

Reported in : 2002CriLJ4419

..... , the burden is on him to prove what is the monthly or annual income derived by him. cpw.2, the witness examined by the erstwhile husband to prove that a mediation had taken place deposed clearly the fact that the revision petitioner is a dealer in two wheelers. learned counsel for the revision petitioner submitted that the revision petitioner is not .....

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Oct 26 2015 (HC)

Meena Joshy Vs. Jojo P. George and Another

Court : Kerala

..... virtue of the said rules, a party to the memorandum of settlement agreement is disabled from leading the evidence to prove what transpired in the mediation; that the mediator is also not liable for anything bona fide done or omitted to be done and that rule 24 of the adr rules is a self contained ..... is based on the rule and any interpretation placed on the rule will necessarily apply to the circular as well. the circular issued by the kerala state mediation and conciliation centre does not bind us and cannot be relied on to decide whether rule 24 is mandatory or directory. we therefore, find no merit ..... 24 is mandatory. though the learned counsel appearing for the petitioner invited our attention to a circular dated 08.06.2015 issued by the kerala state mediation and conciliation centre to the effect that the stipulation in rule 24 of the adr rules read with rule 27 of the civil rules of practice, ..... that the parties themselves affix their signature. the intention behind the stipulation in rule 24 to the effect that the signatures of the parties to the mediation settlement agreement shall be attested by their respective counsel or by any of the authorities mentioned in rule 27 of the civil rules of practice, kerala ..... . that application was allowed by order passed on 8.11.2013. on the same day, the rent control court directed both parties to be present for mediation on 23.11.2013. since there was no sitting on 23.11.2013, the rent control petition was adjourned to 09.12.2013. on 09.12. .....

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Jul 06 2012 (HC)

K. Prabhavathy Vs. the Director General of Police and Others

Court : Kerala

Reported in : 2012(3)KLJ856; 2012(3)ILR(Ker)922

..... it discusses the subject matter with the parties and persuades them to arrive at a just settlement." 14. going by rule 23 of the rules, a mediator is not entitled to communicate to the court except in respect of the matters mentioned in the rule. sub clauses (i) and (ii) of clause ..... to solve the dispute and emphasizing that it is the parties own responsibility for making decisions which affect them. the said rule also provides that the mediator shall not impose any terms of settlement on the parties. rule 20 provides for confidentiality, disclosure and inadmissibility of information. rule 24 provides that ..... petitioner. 3. in an earlier round of litigation where anitha's husband and his parents filed o.p.(f.c.) no.2219 of 2011, a mediation settlement was arrived at between the parties and a compromise petition was filed before court. as per the terms of settlement, the parties agreed as ..... where no agreement is arrived at between the parties, before the time limit stated in rule 19 or where the mediator is of the view that no settlement is possible, he shall report the same to the court in writing. rule 27 provides the ethics to ..... provides that any party to the suit may, 'without prejudice' offer a settlement to the other party at any stage of the mediation proceedings. rule 18 provides that the mediator shall attempt for voluntary resolution of the dispute by the parties by facilitating discussion between the parties directly or by communicating with each of .....

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Jul 02 2013 (HC)

Kerala Private Hospitals Association Vs. State of Kerala

Court : Kerala

..... 2.00 p.m. to 7.00 p.m. the additional advocate general sri. jaleel and government pleader sri. t.mohammed also started participation in mediation. the mediation continued on 19.11.2012 from 4.00 p.m. to 8.00 p.m. again matter was facilitated on 20.11.2012 and 22. ..... 2.00 p.m. to 7.00 p.m. the additional advocate general sri. jaleel and government pleader sri. t.mohammed also started participation in mediation. the mediation continued on 19.11.2012 from 4.00 p.m. to 8.00 p.m. again matter was facilitated on 20.11.2012 and 22. ..... association omitted to sign the settlement agreement. he came to sign the agreement only now. hence it is reported that the matter is settled and the mediation is successful. settlement agreement signed by all parties is annexed herewith. "matter is settled".4. the learned counsel appearing for both the parties submits that ..... all these days for about 40 hours an interim settlement could be arrived at. the interim settlement report is annexed herewith. it is reported that mediation was for the time being successful as the ongoing strike of the nurses could be withdrawn. the matter is kept pending for further facilitation in order ..... , thrissur-680664.11. sowmya mohan, secretary, united nurses association, craft hospital, kodungalloor, thrissur-680664. r1 by advs. sri. n.dharmadan (mediator) sri. m.a.zohra (mediator) sri. t.p.george (mediator) r1-r7 by adv. sri.k.a.jaleel, addl. advocate general r10 by advs. sri.a.jayasankar sri.manu govind sri.v.h.noufalmon .....

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Nov 13 2013 (HC)

Mohammed Ali Vs. State of Kerala

Court : Kerala

..... to the act of pws 1, 2 and 6 on the near date or on the date of the incident, the victim had done so. the allegation that mediation failed due to the attitude of the accused, as already noticed, is open to serious doubt. there is nothing to show that there was any instigation on ..... that even though the victim secured admission for the b.ed course, she was not allowed to join the course. all the three witnesses also say that there was mediation to patch up the differences between the couple. but, due to the adamant attitude adopted by the accused, it did not materialise. pws 1, 2 and 6 ..... home. the accused used to find fault with her and also used to ill-treat her on the slightest pretext. ext.p1 also says that there was a mediation talk but the accused was not amenable for a compromise. but, ext.p1 goes crl. appeal no.1720/2005 11 to the extent of saying that the ..... the time of marriage.9. learned counsel appearing for the appellant pointed out that even going by the evidence of pws 1, 2 and 6, there was a mediation between the parties and they would say that due to crl. appeal no.1720/2005 7 the adamant attitude of the accused, it did not materialise. learned counsel ..... hold that the accused had no intention to continue the relationship with the victim. pws 1, 2 and 6 do say that there were mediation talks between the two families. according to them, mediation failed due to the adamant attitude adopted by the accused. pw2 would say that the accused stated that he is amenable for a talk .....

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Sep 30 2013 (HC)

Ranjith, S/O.Raru, C.No.433, Central Prision, Kannur Vs. State of Kera ...

Court : Kerala

..... offered for the delay, the learned counsel for the appellant would contend otherwise. 12.the delay is sought to be explained by pointing out that there were mediation talks between the accused and the victim and there was a proposal that the accused marries the victim. for the above purpose p.w.2 was examined. ..... that there is absolute want of evidence of any efforts from mediation talks and if that be so, the delay remains unexplained. 7.the learned counsel also pointed out the inherent improbabilities in the case put forwarded by p.w ..... had recorded crl. appeal no. 1167 of 2012 5 the first information statement furnished by p.w.3, categorically denied of any mediation talks in the police station. there was no talk according to p.w.9, the investigating officer also. the net result, according to the learned counsel, is ..... evidence of p.w.2 pointed out that, according to p.w.2, the mediation talks had taken in the police station. drawing attention to the evidence of p.w.8, it was pointed out that the sub inspector of police, who ..... of p.ws.3 and 4. the learned counsel also pointed out that the reason for the alleged delay of lodging the fis is stated to be mediation talks for marriage of the victim with the accused. in order to prove that fact, p.w.2 was examined. the learned counsel referring to the .....

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Sep 30 2013 (HC)

Abdul Arshad Vs. State of Kerala

Court : Kerala

..... offered for the delay, the learned counsel for the appellant would contend otherwise. 12.the delay is sought to be explained by pointing out that there were mediation talks between the accused and the victim and there was a proposal that the accused marries the victim. for the above purpose p.w.2 was examined. ..... that there is absolute want of evidence of any efforts from mediation talks and if that be so, the delay remains unexplained. 7.the learned counsel also pointed out the inherent improbabilities in the case put forwarded by p.w ..... had recorded crl. appeal no. 1167 of 2012 5 the first information statement furnished by p.w.3, categorically denied of any mediation talks in the police station. there was no talk according to p.w.9, the investigating officer also. the net result, according to the learned counsel, is ..... evidence of p.w.2 pointed out that, according to p.w.2, the mediation talks had taken in the police station. drawing attention to the evidence of p.w.8, it was pointed out that the sub inspector of police, who ..... of p.ws.3 and 4. the learned counsel also pointed out that the reason for the alleged delay of lodging the fis is stated to be mediation talks for marriage of the victim with the accused. in order to prove that fact, p.w.2 was examined. the learned counsel referring to the .....

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