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Judgment Search Results Home > Cases Phrase: mediation Court: kolkata Year: 2004 Page 1 of about 74 results (0.016 seconds)

Jul 14 2004 (HC)

Chanda Engineers (India) Ltd. and anr. Vs. U.C.O. Bank

Court : Kolkata

Decided on : Jul-14-2004

Reported in : AIR2005Cal28,[2005]125CompCas708(Cal)

..... the principles as laid down in the judgment, reported in : air2003sc189 (salem advocate bar association, t. n. v. union of india with other matter). but when the court of mediation itself is formed for resolving the banking disputes, strict principle of civil procedure code cannot be applied therein. it has to follow the principle of natural justice and own procedure. here it ..... formation of connecting link between them. such power cannot be equated grammatically with the words 'compromise', settlement1 or 'consensus*. in the case of mediation two parties are not only involved for the purpose of meeting at a point. in this case, involvement of two parties is to agree principally whether they require 'compromise' or ..... giving effect of the memorandum of understanding (mou) arrived at by the parties during the pendency of a suit. however, the word 'consensus is different from the word 'mediation'. grammatically it means connection between the parties not directly but through some other person or thing. in other words, it is intervention for the purpose of reconciling them or for ..... and rules. the scheme of the act is to regulate its own procedure inclusive of their sittings. therefore, it is not simpliciter civil court. it is a court of mediation itself. the very introduction of the act is to recover the debt without following technicalities of the civil procedure code applicable to civil court at the earliest. narasimhan committee with the chairmanship .....

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Aug 23 2004 (HC)

Eastern Paper Mills Machinery Pvt. Ltd. and ors. Vs. State Bank of Ind ...

Court : Kolkata

Decided on : Aug-23-2004

Reported in : (2005)1CALLT234(HC),2005(1)CHN264

..... drt on 7th january, 2003 praying that the learned tribunal may-(i) formulate the terms of possible settlement between the parties;(ii) refer the same for judicial settlement or for mediation as the learned tribunal may deem fit and proper;(iii) effect a compromise between the parties.14. ots-2003 was issued by the reserve bank of india on 29th january .....

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Aug 23 2004 (HC)

Eastern Paper Mill Machinery Pvt. Ltd. and ors. Vs. State Bank of Indi ...

Court : Kolkata

Decided on : Aug-23-2004

Reported in : AIR2005Cal21,II(2005)BC414

..... drt on 7th january 2003 praying that the learned tribunal may-(i) formulate the terms of possible settlement between the parties;(ii) refer the same for judicial settlement or for mediation as the learned tribunal may deem fit and proper;(iii) effect a compromise between the parties.14. ots 2003 was issued by reserve bank of india on 29th janunary , 2003 .....

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Mar 19 2004 (HC)

Daily Passengers' Association Vs. State of West Bengal and Ors.

Court : Kolkata

Decided on : Mar-19-2004

Reported in : III(2004)ACC238,(2004)2CALLT192(HC),2004(4)CHN487

..... , i find that concessions are granted to some class of people on the basis of decision taken by bus owners' association on the prayer of daily passengers' associations with the mediation of regional transport authority. the bus owners' association, for the purpose of securing their profits to some extent, some time agrees to grant concession to a particular class of passengers .....

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Mar 23 2004 (HC)

Commissioner of Cus. (Port) Vs. Settlement Commission, Cus. and C. Ex.

Court : Kolkata

Decided on : Mar-23-2004

Reported in : 2004(171)ELT455(Cal)

..... is decided by it, and fair justice delivery system never demands the judge will sit for judgment of his own cause or is expected to sit on judgment and/or mediation of its own cause. factually, it was not so here. the power and duties under the provision for settlement of cases is to adjudicate ..... , mediate, and while doing so, to bring about a settlement in accordance with law so that the dispute in relation to any case mentioned therein is settled once for all, without .....

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Jun 29 2004 (HC)

N.P. Dutt and Sons Vs. Learned Fourth Industrial Tribunal and ors.

Court : Kolkata

Decided on : Jun-29-2004

Reported in : (2005)IILLJ894Cal

..... be taken up by with an outlook of dispute between management and workmen and/or trade union so that in future the dispute persists. court/tribunal has to behave like mediator, there is a gulf difference between difference and dispute. this stage in an earlier stage which should not be looked out from the angle of dispute. hence, in such type .....

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Feb 12 2004 (HC)

Raufunnessa Bibi and Sk. Abdul Majid Being Dead by their Heirs and Lrs ...

Court : Kolkata

Decided on : Feb-12-2004

Reported in : 2004(4)CHN154

..... as to why the appellate court below found that gour chandra dhanki is lying deliberately, more so when the courts below accepted the position that gour chandra dhanki was the mediator and the defendants nos. 1 & 4 had no residence at the suit village. it also appears from the evidence (cross-examination) of abdul jabbar who says that he knows both .....

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Apr 02 2004 (HC)

S.G. Credit and Properties Pvt. Ltd. and ors. Vs. Calcutta Municipal C ...

Court : Kolkata

Decided on : Apr-02-2004

Reported in : 2004(4)CHN21

soumitra pal, j.1. the writ petitioners have challenged a memo no. ag/336/99-2000 dated 15.2.2000 being annexure 'g' to the writ petition issued by the deputy assessor - collector (south), calcutta municipal corporation (hereinafter referred to as c.m.c.) the relevant portion of the letter is as follows :'re : 62a. alipore road. ward - 74sir,from letter of c.t.t. dated 27.12.99 it is understood that the above-mentioned premises is thika -tenanted and vested with the state of west bengal. under the circumstances, you are, hereby requested to attend a hearing in the chamber of a-c, (s), assessment-collection(s) deptt. 5, s. n. banerjee road on 14.3.2000 at 2.00 p.m. with all relevant papers, in respect of the mutation granted in your favour.'2. mr. saktinath mukherjee appearing along with mr. amiya narayan mukherjee reiterating the facts in the writ petition submitted that the officer of the c.m.c. had no authority to decide the title of the petitioners. during 1992 the writ petitioner purchased the ownership of the said property. the c.m.c. in the instant plot had mutated the names and now the question of the issue of thika tenancy does not arise at all. it was submitted that premises no. 62 (now renumbered as premises no. 62a), alipore road, calcutta, belonged to one maulavi maruful huq. one ramdas das was a lessee in respect of the said property by virtue of a registered deed of kabuliyat of the year 1910 and thereafter two other deeds were executed between the owner and .....

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Nov 30 2004 (HC)

Kolkata Municipal Corporation Vs. St. Josephs and Mary's School and An ...

Court : Kolkata

Decided on : Nov-30-2004

Reported in : 2005(2)CHN132

bhaskar bhattacharya, j.1. this application under article 227 of the constitution of india is at the instance of kolkata municipal corporation and is directed against order dated 15th december, 2003 passed by the municipal assessment tribunal, kolkata in m.a.a no. 2793 of 2001 thereby disposing of an application filed by the opposite party no. 1 for condonation of delay in preferring the aforesaid appeal by holding that there was no delay in presentation of the same.2. the following facts are not in dispute:the opposite party no. 1 purchased the land in question from the previous recorded owner on 9th december, 1985 and thereafter on 21st april, 1988 filed an application for mutation. the kolkata municipal corporation authority mutated the name of the opposite party no. 1 in place of the erstwhile owner on 10th december, 1988. subsequently, on 17th december, 1988, i.e. within seven days from the date of mutation, the municipal authority enhanced the valuation of the disputed property with effect from fourth quarter of 1985-86 to rs. 41,760/- from the earlier valuation of rs. 4364/-. such enhancement was not the outcome of a regular reassessment but of an intermediate assessment under section 180(2)(i) of kolkata municipal corporation act, as it then stood. subsequently, there have been two regular reassessments at the interval of six years and against those reassessments, the opposite party no. 1 had preferred two different appeals being m.a.a. no. 2111 of 1988 and 2112 of .....

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Jul 12 2004 (HC)

Jagadis Bose National Science Talent Search Vs. Kolkata Metropolitan D ...

Court : Kolkata

Decided on : Jul-12-2004

Reported in : 2004(4)CHN580

barin ghosh, j.1. the petitioner, a non-governmental organization, was allotted the subject plot of land by kmda. the petitioner is such an organization, which is connected with enhancement of education. the petitioner paid a sum of rs. 18,90,000/- as premium for allotment of the said land. this payment was made between 10th october, 1991 and 24th march, 1993. kmda made this allotment at the request of the state government who in turn had handed over this land to kmda. on 1st january, 2002 the foundation stone for the proposed construction to be made on the land by the petitioner was laid by professor walter kohn, the nobel laureate. at the time when the foundation stone had been laid, although the petitioner had paid the premium, but the conveyance had not been executed in its favour. it had then only an indenture of license dated 26th may, 1998 executed by kmda. the lease was ultimately executed in favour of the petitioner on 28th july, 2003 by kmda. the petitioner then applied for and obtained a sanction from the kolkata municipal corporation for construction of a building on the said land. kolkata municipal corporation granted such sanction on 15th march, 2004 upon payment of a fee of rs. 7,78,855/-. on 28th may, 2004 the petitioner engaged a contractor for the purpose of making construction on the land. it thereupon transpired that someone else was in the process of construction of a boundary wall on the said plot of land and had removed the foundation stone laid by .....

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