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Judgment Search Results Home > Cases Phrase: mediation Court: kerala Page 2 of about 4,563 results (0.027 seconds)

Jul 21 2014 (HC)

Moideen Vs. State of Kerala

Court : Kerala

..... .m.c. no.4357 of20136 in registration of the crimes and filing of cases and the matter has been settled between the parties in the mediation held in the mediation centre, ernakulam and on account of the settlement, there is no possibility of conviction, this court feels that it is a fit case, where the power under section ..... and quash the proceedings to promote the settlement and restoration of harmony that has been brought between the family members of both the parties on account of settlement in the mediation.8. in view of the dictum laid down in the above decision, and also considering the fact that the parties are relatives and the family disputes between them resulted crl ..... of the cheque belonging to him which was misused and the case under section 138 of the act was filed. further, there were civil litigations also between them. in the mediation, all the disputes have been settled between the parties and they have decided to withdraw all the litigations and the family relationship has been restored. in view of the fact ..... . parties have decided to withdraw all the cases filed by them. accordingly, 2nd respondent has filed an affidavit before this court, stating that in view of the settlement of the mediation, the entire dispute between him and the petitioner has been settled and the family relationship between the two families has been restored. so, he has no objection in quashing the .....

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Jul 30 2013 (HC)

Kerala Private Hospitals Association Vs. State of Kerala

Court : Kerala

..... operative with further discussions till a final settlement is arrived at on all other pending issues." memorandum of agreement dated 28.11.2012 "the matter being referred to mediation and facilitated by the mediators and as agreed to by the parties and their respective counsel, parties have entered into the following settlement agreement:1. the parties agree that they shall abide ..... to health care. there shall not be any strike in critical care unit, intensive care units, casualty, operation theater and labour room without prior information to the mediation committee and a failure report from them regarding other pending issues. r.p. no. 623 of 2013 -4- 6. the other hospital managements also agree to reinstate the striking ..... independent persons nominated by both sides and the government to consider all further pending issues pertaining to mother hospital and other private hospitals at thrissur managements and report before the mediators for further facilitation on 30.11.2012.5. the nurses undertake not to go for sudden strikes without prior notice of 14 days to the management in matter relating ..... of, extracting the settlement report dated 26.11.2012 and 25.06.2013 which also mentioned about the settlement agreements duly signed by the parties in presence of the trained mediators. but the settlement agreements were omitted to be extracted. the learned counsel for the review petitioners submits that, if the settlement agreements are not attached to the judgment, it .....

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Aug 02 2004 (HC)

State of Kerala Vs. Ayoob

Court : Kerala

Reported in : 2005(2)KLT441

..... she experienced pain on the abdomen, necessarily there was no occasion for pw.2 to be a mediator. thus the mediation conducted by pw.2 itself is sufficient corroboration for the evidence of pw.1. the bashfulness and innocent naivete and the feminine tendency to conceal ..... and the normal female tendency to conceal sexual outrage. even apart, there was due corroboration by none other than pw.2, the village head, who had mediated far earlier than institution of ext.p1 complaint, in the matter. in such circumstances, there is sufficient corroboration as well to the evidence of pw.1. ..... but the accused did not concede. there was also a proposal for the conduct of dna test. two others were also asked to involve in the mediating; but it did not fructify. if pw.1 had not divulged this fact earlier, as spoken to by pw3, on consultation with a doctor when ..... cross-examination of the witnesses to doubt the truth and reasonableness of the explanation so offered.'16. in this case also pw2 had stated about the mediation. he is none other than the local panchayat president. pw4 had stated about the promise of the accused to marry the victim after the child birth ..... date cannot be a reason to reject the prosecution case. it is further submitted that, as spoken to by pw.2, the panchayat president and the mediator, there was a proposal to conduct dna test of the child and the accused. but it did not materialise obviously because there was no consent forthcoming .....

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Nov 04 2013 (HC)

Thousif Vs. the Station House Officer, Eravipuram Police Station, Koll ...

Court : Kerala

..... but the displeasure of this court shall be informed to the ci by the learned public prosecutor. any such future conduct will be viewed very seriously. considering the mediation report, the petition is allowed and all further proceedings in crime no. 1738 of 2013 of eravipuram police station shall stand quashed and the petitioner shall stand discharged ..... mediation. post the matter before the mediation centre on 01.11.2013. parties will have to appear before the mediation centre at 11.00 a.m. on 1.11.2013. in the light of the peculiar facts and circumstances ..... as per the investigating officer, no settlement has been arrived at. considering the facts of the case, this court directed to send the parties for mediation. parties have thus sent for mediation. in the mediation centre, as mediated between the parties, has informed the court below that the matter has been settled and paragraph 5 of the ..... out that the affidavit has been sworn to in the presence of a notary. it was then suggested that the matter may be sent for mediation.3. the learned counsel appearing for the petitioner as well as the defacto complainant agreed that the matter may be sent to ..... mediation report reads as follows: "5. the 2nd respondent admits that she was asked to sign on blank papers on 26.10.2013 at the .....

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Dec 18 2013 (HC)

Hamza Vs. the State of Kerala

Court : Kerala

..... the above said agreement." of course, in clause 2, the reference to the suit is the writ petition itself. copies of the documents also have been produced along with the mediation settlement. in the above circumstances, this writ petition is disposed of in terms of the said settlement. the parties shall strictly abide by the terms of the settlement. sd/- s ..... 'ble court in the interest of justice." 2. in view of the relationship between the parties we thought it fit to refer the parties for mediation. the mediation by the manjeri district mediation centre was successful. the parties have signed an agreement, which has been forwarded by the mediation centre to this court. the same reads thus: "1. the aforesaid petition was referred to ..... mediation for resolving the dispute between the parties. in the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions. (i) petitioner and 4th respondent in .....

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Sep 22 2009 (HC)

Appukuttan S/O. Pappu, Vs. State of Kerala

Court : Kerala

Reported in : 2009(3)KLJ360

..... hence, the non-examination of cw4 does not assume much importance. even assuming that the accused had lawfully entered the house of the deceased for having a mediation talk in the presence of cw4, the occurrence as spoken to by pws 2 and 3 goes to show that the accused after entering the house unlawfully ..... is a retired teacher. her husband, deceased baby was a retired headmaster.8. it is true that cw4 the panchayath member in whose presence there was a mediation talk in the house of the deceased, was not examined by the prosecution. but he was admittedly in germany at the time of trial and the prosecution ..... . if so, the accused who were in the dark about the morbid condition of the deceased cannot be found guilty, if in the course of the mediation talk the deceased got excited and that was sufficient for him succumb to the illness he was suffering from. the conviction recorded by the court below cannot therefore ..... offence. this was not a case in which the accused had voluntarily entered the house of the deceased. they were invited to the house for a mediation talk in the presence of cw4 the panchayath member and it was the deceased who grew wild during the midst of the talks. even p.w.2 ..... following effect:on the date of occurrence the deceased and cw4 the panchayath member had called the accused to the house of the deceased for a mediation talk. during the mediation talk the deceased lost his temper and asked accused nos. 2 to 4 to go out of the room. the deceased forcibly pushed them .....

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Aug 01 2013 (HC)

Vinod.T.N Vs. Ambili.K.P

Court : Kerala

..... .c.s they produced the settlement arrived in the mediation centre as annexure-b and the de facto complainant, who is the first respondent in the above crl.m.c.s have filed separate affidavits as annexure-c.3. having ..... the dispute settled the issues amicably, it is the duty of this court to promote such settlement, particularly when the settlement is arrived through mediation at the kerala crl.m.c.nos.3223 & 3232 of 2013 :-7-: mediation centre at high court instead of compelling the parties to go on with the dispute. it is pertinent to note that since the matter ..... , both the criminal as well as the matrimonial disputes are settled crl.m.c.nos.3223 & 3232 of 2013 :-2-: through the mediation held in kerala mediation centre at high court. on the basis of the settlement arrived through the mediation, now the spouses has decided to dissolve the marriage and to put an end to their marital relationship. in both the m .....

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Apr 10 2015 (HC)

Paul Rajan Mampilly Vs. Veena Theresa Paul

Court : Kerala

..... hence we issued directions to the respondent to be present and the respondent appeared along with the three children. noticing the agreement of the parties, we directed the parties for mediation on the same day. request was made by the respondent today to take up the matter again, hence the matter is taken up.4. we have heard learned counsel for ..... 10th day of april, 2015 judgment ashok bhushan, c.j.this contempt case was heard yesterday by us and we directed the parties to go for a mediation as they agreed to go for mediation for amicable settlement between the parties.2. this case has been filed by the respondent in o.p(fc) no.4455 of 2013 alleging violation of the ..... (c) no.131 of 2014 -:3. :- 5. we have been informed by the parties that the parties appeared before the mediation centre, the mediators are proceeding with the matter and the next date fixed is 18.05.2015. the parties may pursue the mediation proceedings upto its logical conclusion and if any settlement is arrived at they shall be free to file the ..... mediation settlement before the family court for appropriate orders.6. learned counsel for the petitioner submitted that the children are not being cared properly .....

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Jul 01 2013 (HC)

Sudhakaran Vs. State of Kerala

Court : Kerala

..... when she had voluntarily submitted to the desire of the 1st accused and informed him about the pregnancy, he did not react or respond. it was long thereafter that the mediation had taken place which resulted in altercation between the three persons. if, at that point of time, the 1st crl. appeal no.968/2004 13 accused refused to accept and ..... picture of a lady who initially might have been ravished by the 1st accused and later had sex with two brothers voluntarily and with consent. it is long thereafter that mediation talks had taken place and as could be seen from the evidence, there was altercation between the three brothers as to who should take up the responsibility. as to what ..... even going by ext.p4, it seems that she had sex with all the three accused persons. as a result of altercation between the three brothers, mediation got aborted and no decision could be arrived at. it is thereafter on 01.04.1997, priya and her parents committed suicide.13. the question that arises for consideration is ..... 1st accused about the same but he did not react. thereafter also, they had sex. ultimately, when the issue became public, mediation occurred. pws 5 and 6 speak about the medication that took place. it appears that in the mediation, there was an altercation between accused nos.1 to 3 regarding as to who was responsible for the pregnancy of priya since .....

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Sep 28 2015 (HC)

George.P. Cherukoth Vs. Mariyumma and Others

Court : Kerala

..... and to take back the decree already issued for making necessary corrections. before the above orders are passed, if the parties are willing for a mediation with respect to the satisfaction of all or any of the reliefs granted, parties may be given an opportunity to resolve or to give effect ..... having regard to realities, which may even help to heal the wounds, if any, caused in the process of litigation. hence the doors of the mediation should be kept open, till decree is finally satisfied or becomes non executable, subject to above condition. in the light of above findings, the impugned order ..... to be adopted. the hon'ble supreme court in afcons case had laid down the appropriate stage at which the matter is to be referred for mediation. it was held that in civil suits, the appropriate stage would be after completion of pleadings. however, if for any reason, the court had missed ..... decree scenario, is not barred. section 89 c.p.c. empowers court to adopt the alternate despite resolution mechanism at any stage and does not prohibit a mediation post decree, and even at execution stage. neither section 89 nor the afcons infrastructure ltd. vs. cherian varkey construction co. (p) ltd ((2010) 8 ..... it may become a tool for protracting the trial. drawing cue from the above, it is evident that even at a subsequent stage, scope of mediation is not completely barred, though, as the litigation proceeds forward, the scope for adr process should taper off. conceptually, at a post decree stage, .....

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