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Judgment Search Results Home > Cases Phrase: mediation Court: mumbai Year: 2014 Page 1 of about 385 results (0.008 seconds)

Oct 07 2014 (HC)

Ishita Kunal Sangani Vs. Kunal Sudhir Sangani

Court : Mumbai

Decided on : Oct-07-2014

..... of the hindu marriage act. moreover, this matter can be viewed in a different perspective as according to the settlement terms arrived at before the learned mediator, initially the entire custody of the child then aged about two years, was agreed to be given to the husband but subsequently the present petitioner had ..... of the husband, present respondent, was for divorce on the ground of cruelty whereas initially it was opposed by the present appellant wife but during the mediation process some consent terms were arrived at. moreover, it is a factual position that no application under section 13-b of the hindu marriage act was ..... acted in terms of the said settlement terms mainly on the ground that there was much emotional pressure on her at the time of signing the said mediation settlement terms. in order to appreciate this argument, the crux of the said settlement terms can be mentioned with advantage. in para 1 of the ..... was granted dissolving the marriage between the parties on 30.7.2014. if it is considered that the said settlement terms arrived at before the mediator are to be acted upon and to be given effect as if the same is application under section 13b of the hindu marriage act, still ..... of final order which is impugned, are of much significance. for the sake of ready reference, the said dates can be mentioned, inasmuch as the mediation settlement terms were arrived at on 14.2.2014, application no. 71 of 2014 exh. 28 was preferred on 1.3.2014 and the said application .....

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Oct 01 2014 (HC)

Sanjeevkumar Harakchand Kankariya Vs. Union of India, through the Mini ...

Court : Mumbai Aurangabad

Decided on : Oct-01-2014

..... fees act, 1870. 9. the petitioner submits that although suit, in the instant matter, has not been settled before lok adalat, however, settlement has been arrived at in mediation proceedings in pursuance to a reference made by the court compulsorily in view of section 89 of the code of civil procedure. the petitioner, thus, submits that in view of ..... 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 ..... adopting these methods. the central government is directed to examine it and if agreed, it was requested to make specific financial allocation for judiciary for including the expenses involved for mediation/conciliation under section 89 of the code of civil procedure. section 89 of the code of civil procedure reads thus: "89 settlement of disputes outside the court(1) where ..... with a view to arrive at an amicable settlement. the malinath committee recommended to refer the dispute after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate disputes resolution method, the suit shall proceed further .....

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Jun 27 2014 (HC)

Gaurav Gupta Vs. Radhika Gupta

Court : Mumbai Goa

Decided on : Jun-27-2014

..... that divorce proceedings will be filed jointly, provided the above mentioned terms are met in advance by mr. gaurav. the above terms of settlement were signed by all the above mediators as well as by gaurav and radhika. 35. in the case of ??moti ram (dead) through lrs ? (supra), relied upon by the learned counsel for gaurav, the hon'ble supreme ..... returns as well as the certificate of chartered accountant based on such income tax returns cannot be wholly relied upon to determine the income of gaurav. 33. admittedly, there was mediation meeting held at the residence of mrs. rachita velho and mr. verner velho, on 14/10/2008 in which settlement terms were drawn and it was resolved in the presence ..... application of gaurav for appointment of chartered accountant as commissioner to determine the financial capacity of the parties. she pointed out that the settlement terms signed by gaurav emanated from mediation initiated by the cousins of gaurav and the agreement was signed by the parties without any coercion. counsel urged that the picture which emerges from this settlement is certainly the ..... submitted that these terms of settlement never ended in a concluded contract and were never acted upon. he urged that the said settlement terms were out of informal mediation. he urged that an unsuccessful mediation would not amount to a concluded contract. learned counsel further urged that gaurav might have promised anything but the question is whether he was capable of payment .....

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Oct 14 2014 (HC)

Arun Vs. Varsha and Others

Court : Mumbai Aurangabad

Decided on : Oct-14-2014

..... respondent wife is really eager and willing to join the company of her husband. on the other hand, respondent-wife remained absent when this court has referred the matter for mediation. the mediator has informed this court that even though the notices were issued to the respondent-wife informing her to remain present for ..... mediation, she remained absent and considering the reluctance of the respondent-wife mediation in this case was failed. 14. learned counsel for respondent-wife has placed reliance on the judgment of hon'ble supreme court in the case of chetan dass vs .....

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May 20 2014 (HC)

K. Khathim Vs. Astrix Technologies Private Limited and Others

Court : Mumbai

Decided on : May-20-2014

..... of the above report, the matter stood adjourned from time to time in the expectation that the matter would be resolved by the parties at a mediation and the parties were directed to appear before the mediation centre, bangalore. the effort now ever, proved to be futile. 8. the contesting respondents refused to abide by the report, dated 8-10-2013, of .....

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Nov 24 2014 (HC)

Dr. Makrand Balkrishna Patwardhan Vs. State of Maharashtra and Another

Court : Mumbai Aurangabad

Decided on : Nov-24-2014

..... court in the above referred complaint case and in view of the provision of section 89 of the code of civil procedure, the matter was referred for mediation. 5. pursuant to the order of mediation passed by learned court of the judicial magistrate, first class, the matter was settled in between the parties and the petitioner herein has paid entire electricity charges .....

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Oct 14 2014 (HC)

Amit Satish Shah Vs. Archana Amit Shah and Another

Court : Mumbai

Decided on : Oct-14-2014

..... present case, there shall be no order as to costs. 11. the parties were referred to mediation with a view to arrive at some amicable settlement, particularly as interest of minor child was involved. the mediator, advocate p. k. gaikwad made earnest efforts as mediator. however, the mediation did not succeed. this court records its appreciation at the efforts of advocate p. k. gaikwad .....

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Aug 21 2014 (HC)

Rakesh Malhotra and Others Vs. Rajinder Kumar Malhotra and Others

Court : Mumbai

Decided on : Aug-21-2014

..... or ??sort out ? the disputes between the two warring parties. what would be the nature of his attempted ??sorting out ? ? would it be an award under the arbitration act? a mediation report? what if it was disobeyed? is this not a matter that is, and must remain, only within the province of the clb? there is nothing in chapter vi of .....

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Jul 31 2014 (HC)

Samar Vijaykumar Pupala and Another Vs. Shalini Pratap Hambir and Othe ...

Court : Mumbai

Decided on : Jul-31-2014

..... the said business (all the aforesaid collectively referred to as ??the said premises ? ) (i) upon the appellants acquiring knowledge about the assignment as aforesaid, meetings were held, correspondence exchanged and mediation attempted. ultimately, the appellants instituted civil suit no.1468 of 2008 in this court on 30 april 2008, on the ground that the substantial and material part of cause of .....

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Aug 06 2014 (HC)

The State of Maharashtra and Others Vs. Dr. Kiran Sonu Ahire Krishna a ...

Court : Mumbai

Decided on : Aug-06-2014

..... accused was beating pw-2 saroj, pw-6 bharati deshpande intervened in the said incident and the matter was reported to midc police station. however, it appears that due to mediation of the police, the matter was amicably settled between the husband and wife, and pw-2 again went for residing with accused. (iii) the record further discloses that in the .....

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