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Judgment Search Results Home > Cases Phrase: mediation Court: kerala Year: 2004 Page 1 of about 47 results (0.032 seconds)

Aug 02 2004 (HC)

State of Kerala Vs. Ayoob

Court : Kerala

Decided on : Aug-02-2004

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 03 2004 (HC)

St. John's Jacobite Syrian Church Vs. Fr. John Moolamattom

Court : Kerala

Decided on : Nov-03-2004

Reported in : 2005(1)KLT307

..... rev. fr.mary das stephen, that there was some dispute regarding the iatters continuance as vicar which eventually led to a law and order situation, that the rdo interfered and mediation talks were held and a memorandum of understanding was reached whereby the plaintiff was authorized to discharge all the religious functions and duties of the parish priest, that the dispute .....

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Oct 18 2004 (HC)

Lalithambika Vs. Varghese

Court : Kerala

Decided on : Oct-18-2004

Reported in : III(2005)BC289; 2004(3)KLT892

..... circumstances in this case show that the defendant's case is more probable. when there are circumstantial evidence which are clinching, the non- examination of the mediators will not defeat the case of the defendant. ext. al is executed by the defendant only. there is no agreement executed by the plaintiff. therefore, ..... her relatives and to separate the plaint schedule property, the measurements on all sides will be required. though the defendant has not examined the alleged mediators in the written statement and ext.b2 is not referred in the written statement and they are factors to be taken into account against the case ..... middle page was taken from that agreement and it formed part of ext. a1 agreement. the trial court has noted that the failure to examine the mediators named in the written statement at whose instance ext. al was executed shows that the defendant's case is not proved. similarly, the execution of ..... .4.1993 was only a security for the loan, as alleged in the written statement?iii) reliefs and costs.the trial court found that the mediators named in the written statement were not examined by the defendant. the trial court also believed the evidence of pw.2 the scribe of ext.a1 ..... on the same day. the plaintiff also pressed for execution of a karar as security for the loan. the agreement was executed in the presence of mediators on 20.4.1993. there was no demarcation or measurement of the property and possession was not given to the plaintiff. the property is lying as .....

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Jun 17 2004 (HC)

Prakash Babu Vs. State of Kerala

Court : Kerala

Decided on : Jun-17-2004

Reported in : 2004(2)KLT908

..... there is inadequacy of evidence to substantiate the change. the petition which i have extracted above clearly shows that the learned public prosecutor accepts that the petitioners are guilty and mediators had warned them against such conduct.16. the only reason stated by the learned public prosecutor to justify the prayer for withdrawal is that the disputes have been settled. it ..... police officials of pathanamthitta district and the accused 1 to 46 are trade union leaders, social workers, and political groups. the issue has been amicably settled by the initiative of mediators and they have given a warning to the accused to keep peace, discipline and not to repeat such incidents. now they are keeping harmony. the accused are the residents of .....

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Oct 09 2004 (HC)

Thomas Vs. Thomas

Court : Kerala

Decided on : Oct-09-2004

Reported in : II(2005)BC172; 2005(1)KLT297

..... rs. 68,000/- personally in 1994. even though many times the plaintiff demanded the amount from the defendant, he did not pay the same. ultimately, at the instance of the mediators, a cheque for rs. 4,50,000/- was issued by the defendant to the plaintiff taking into account the entire amount due to the plaintiff as well as the interest ..... /-was given. this part of the consideration is not proved. so also, how the total amount of rs. 4,50,000/- was arrived at is not seen. one of the mediators should have been examined to show how this amount was arrived at. thus, the consideration is proved only for an amount of rs. 1,73,011/- (1,35,953 + 37 .....

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Feb 27 2004 (HC)

Thomas and Anr. Vs. Subordinate Judge's Court and Ors.

Court : Kerala

Decided on : Feb-27-2004

Reported in : AIR2004Ker338

..... 'vyavastha' for the discharge his son's debt in favour of the petitioners. the said vyavastha is drafted in the form of a karar, in lay-man's language. the mediators who intervened the matter has also affixed their names and signatures. even after the execution of ext. p1, the third respondent has not offered any payment at all. hence the .....

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Feb 23 2004 (HC)

Venugopalan Vs. Moosa

Court : Kerala

Decided on : Feb-23-2004

Reported in : II(2004)BC566; [2005]128CompCas1003(Ker); 2004CriLJ2220; 2004(1)KLT1079; [2004]53SCL199(Ker)

..... denied the offence. thereupon, the prosecution examined pws.1 to 5 and proved exts. p1 to p12. pw1 is the complainant. pw2 was the mayor of calicut who tried to mediate the disputes between the parties and effect a settlement. pws.3 to 5 are managers/employees of the banks. the accused admitted that he had signed ext. cheque and had .....

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Jun 24 2004 (HC)

Council of Principals' of Colleges Vs. State of Kerala

Court : Kerala

Decided on : Jun-24-2004

Reported in : 2004(2)KLT995

k.s. radhakrishnan, j.1. petitioners represent some of the colleges affiliated to the various universities in the state of kerala. they are aggrieved by the direction given to conduct election to the college unions following the presidential system of election and not the parliamentary form of election. some of the affiliated colleges are now following the parliamentary system of election to college unions.2. the mahatma gandhi university issued letter dated 29.10.2003 to the petitioner in writ petition (c) no. 36788 of 2003 to conduct election in their college in accordance with the schedule mentioned therein. the said letter was followed by another letter dated 15.11.2003. direction was also issued on the basis of the decision of the syndicate. affiliated colleges were directed to conduct election in accordance with the rules for the conduct of elections to college unions contained in the constitution for college unions and reminded them of the undertaking made by them as per statute 9(6) of chapter 23 of the mahatma gandhi university statutes, 1997. further it was also stated therein that as per chapter 23 of mahatma gandhi university first statutes 1997 affiliated colleges are bound to comply with all the provisions of the act, statutes, ordinances and regulations and directions issued by the university from time to time. affiliated colleges were informed that they shall not violate the directions given by the university. writ petitioners are aggrieved by the directions .....

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Jan 07 2004 (HC)

Pepsico India Holdings Pvt. Ltd. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jan-07-2004

Reported in : [2006]144STC409(Ker)

g. sivarajan, j.1. the scope and ambit of the expressions 'have taken effective steps for setting up new industrial unit' occurring in sub-clause (ii), clause 1 of notification s.r.o. no. 1092 of 1999 modifying the exemptions granted in clauses 1 to 7 of notification s.r.o. no. 1729 of 1993, both issued by the state government under section 10 of the kerala general sales tax act, 1963 (for short, 'the act') calls for consideration in this original petition.2. pepsi cola india manufacturing company, a private company with unlimited liability, had set up an industrial unit by investing approximately rs. 50 crores at the industrial development area at kanjikode in palakkad district and had commenced commercial production of soft drinks, etc., on march 6th/7th, 2001. the company made an application on june 20, 2001 (exhibit p8) for sales tax exemption to the tune of rs. 43.32 crores under notification s.r.o. no. 1729 of 1993 before the director of industries and commerce, thiruvananthapuram, the second respondent in this original petition, who is the competent authority under the notification. the said company was subsequently renamed as aradhana beverages manufacturing company in august 2001 and later amalgamated with the petitioner-company in october, 2002. this original petition is thus filed by the petitioner-company for reliefs in respect of the application for sales tax exemption (exhibit p8).3. the petitioner had applied for and obtained sales tax registration both under .....

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Feb 20 2004 (HC)

Kerala Students Union Vs. Sojan Francis

Court : Kerala

Decided on : Feb-20-2004

Reported in : 2004(2)KLT378

orderk.s. radhakrishnan, j.1. article 19 of the constitution of india is not a carte-blanche enabling any citizen to exercise a fundamental right so as to encroach upon similar rights guaranteed to other citizen.2. managements of various educational institutions, principals, teachers and parents are aggrieved by the organizational activities of the various students organizations like sfi, abvp, aisf, nsc, psu, ksu (i), ksc. msf etc. within the college campus which according to them violate the fundamental right guaranteed to the managements under article 19(1)(g) of the constitution of india. they are also concerned with the constant call for strike, gherao, dharna etc. within the college campus disrupting the academic discipline. several writ petitions questioning the interference of those students organisations were pending before this court when this court decided sojan francis's case, reported in 2003 (2) kit 582. those writ petitions were not taken up along with sojan francis's case. review petitions were filed by some of the students organizations in sojan francis's case. consequently we posted all the writ petitions and review petitions together for hearing.3. this court in sojan francis v. m.g. university, 2003 (2) klt. 582, upheld guideline 9 of the college calendar dealing with general discipline by which political activism was strictly banned by management in the campus and students were forbidden to organise or attend meetings other than the official ones within .....

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