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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Page 3 of about 7,562 results (0.201 seconds)

Mar 05 2019 (SC)

M. R. Krishna Murthi Vs. The New India Assurance Co. Ltd.

Court : Supreme Court of India

..... of its own advantages. 2632) notwithstanding, the aforesaid adr methods, adjudicatory process before the macts is indispensable. there cannot be a guarantee that 100% cases would be settled through mediation or lok adalat. therefore, there is a dire need for deciding these cases without delays and within reasonable period. the delhi high court has given few judgments providing for mechanism ..... make a provision for the accident investigator to compulsorily send a copy of report to mamc or email to national road safety council. forwarding the copy to mamc shall facilitate mediation, on the other hand giving information to national road safety council would help the council to take measures for preventing such accidents in future. (b) fast tracking disposal of ..... is made by the parliament, national legal services authority (nalsa) should take up this work as a project. a complete report/module be made about the functioning of motor accident mediation cell (mamc). this exercise be completed within a period of two months. thereafter, this project can be shared with all state legal services authorities (slsa) so that state legal ..... introduced in few statutes as well. examples are the companies act, insolvency and bankruptcy code, commercial courts act etc. in these enactments provisions are made even for pre-litigation mediation by making this process mandatory. there is, in any case, umbrella provisions in the form of section 89 of the code of civil procedure which, inter alia, provides for .....

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Jul 26 2010 (SC)

M/S. Afcons InfrA. Ltd. and anr. Vs. M/S Cherian Varkey Constn ...

Court : Supreme Court of India

..... under section 89?20. section 89 refers to five types of adr procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non adjudicatory) processes - conciliation, mediation, judicial settlement and lok adalat settlement. the object of section 89 of the code is that settlement should be attempted by adopting an appropriate adr process before the case proceeds ..... that it is the parties' own responsibility for making decisions which affect them."all over the country the courts have been referring cases under section 89 to mediation by assuming and understanding `mediation' to mean a dispute resolution process by negotiated settlement with the assistance of a neutral third party. judicial settlement is understood as referring to a compromise ..... those words in section 89 with interchanged meanings has led to confusion, complications and difficulties in implementation. the mix-up of definitions of the terms "judicial settlement" and "mediation" in section 89 is apparently due to a clerical or typographical error in drafting, resulting in the two words being interchanged in clauses (c) and (d) of section ..... 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 .....

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Jul 26 2010 (SC)

Afcons Infrastructure Ltd. and Another Vs. Cherian Varkey Construction ...

Court : Supreme Court of India

Reported in : 2010(3)KLT75(SN)(C.No.83)SC; 2010(3)ILR(Ker)917; 2010(6)SCJ786; 2010(5)LW241; 2010(8)MLJ369; 2010AIR(SCW)4983; 2010(8)SCC24; 2011(2)KLJ(NOC)17; 2010(3)CLT351; 2010(3)ArbLR116; 2010(7)Scale293; 2010(7)JT616; 2010(6)SLT362

..... under section 89?20. section 89 refers to five types of adr procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non adjudicatory) processes - conciliation, mediation, judicial settlement and lok adalat settlement. the object of section 89 of the code is that settlement should be attempted by adopting an appropriate adr process before the case proceeds ..... that it is the parties' own responsibility for making decisions which affect them."all over the country the courts have been referring cases under section 89 to mediation by assuming and understanding `mediation' to mean a dispute resolution process by negotiated settlement with the assistance of a neutral third party. judicial settlement is understood as referring to a compromise ..... those words in section 89 with interchanged meanings has led to confusion, complications and difficulties in implementation. the mix-up of definitions of the terms "judicial settlement" and "mediation" in section 89 is apparently due to a clerical or typographical error in drafting, resulting in the two words being interchanged in clauses (c) and (d) of section ..... 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 .....

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Feb 22 2013 (SC)

K. Srinivas Rao Vs. D.A. Deepa

Court : Supreme Court of India

..... of burden of cases on the courts will, however, be merely an incidental benefit and not the reason for sending the parties for mediation. we recognize mediation as an effective method of alternative dispute resolution in matrimonial matters and that is the reason why we want the parties to explore the ..... if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. this is, obviously, not to dilute the rigour, efficacy and purport of section 498-a of the ipc, but to locate cases where ..... section 498-a of the ipc could be made compoundable, it has not been made compoundable as yet. the courts direct parties to approach mediation centres where offences are compoundable. offence punishable under section 498-a being a non-compoundable offence, such a course is not followed in respect ..... matrimonial dispute can be amicably settled by a family court either by itself or by directing the parties to explore the possibility of settlement through mediation, a complaint under section 498- a of the ipc presents difficulty because the said offence is not compoundable except in the state of andhra ..... litigation clinic, perhaps the bitterness would not have escalated. things would not have come to such a pass if, at the earliest, somebody had mediated between the two. it is possible that the respondent-wife was desperate to save the marriage. perhaps, in desperation, she lost balance and went on .....

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May 08 2014 (SC)

Vikram Bakshi and ors. Vs. Sonia Khosla[Dead] by Lrs.

Court : Supreme Court of India

..... by norm creation, judicial independence by the involvement of trusted peers, and so on. this presents an alternative conceptualization of justice.19. we have purposely stated the aforesaid advantages of mediation process in a hope that if not now, in near future the parties may agree on exploiting this mechanism to their advantage.20. in this backdrop, mr. dushyant dave, ..... optimistic that the magnanimity of the human spirit can conquer structural imbalances and resource constraints. professor stulberg, in his masterful comment on the drafting of the uniform model mediation act, fairness and mediation, begins with the understated predicate that the meaning of fairness is not exhausted by the concept of legal justice. in truth, the more pointed argument advanced in the ..... the parties and, therefore, create a win win situation, the outcome which cannot be achieved by means of judicial adjudication. thus, life as well as relationship goes on with mediation for all the parties concerned and thus resulting into peace and harmony in the society. while providing satisfaction to the litigants, it also solves the problem of delay in our ..... produce an acceptable result in shortest possible time, with the least possible expense and with a minimum of stress on the participants. that is what justice is all about. mediation is one such mechanism which has been statutorily brought into place in our justice system. it is one of the methods of alternative dispute resolution and resolves the dispute in .....

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Mar 15 2016 (SC)

Surjeet Singh(D) by Lrs. Vs. Sucha Singh and Ors.

Court : Supreme Court of India

..... to the present dispute and all the disputes and differences in this regard have been amicably settled by the parties hereto through the process of mediation and shall not institute any other case against each other with reference to the present dispute.9. that the parties undertake before the hon'ble ..... the parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this settlement/agreement in the presence of the mediator.7. the terms of the settlement/agreement between the parties are as under:- a) both the parties agree that sucha singh s/o bachan singh ..... before it. ? pursuant to the order, it is heartening to note that the parties have reached an amicable settlement through the intervention of the mediation and conciliation centre attached to the punjab and haryana high court. the terms of the settlement have been reduced to writing and they have filed an ..... period of two weeks from today. he further states that the petitioners are agreeable to explore the possibility of an amicable settlement with the help of mediation centre in the high court of punjab and haryana at chandigarh. learned counsel for the respondents does not oppose that prayer. in the circumstances, the ..... kaur w/o dasondhi grandmother of both the parties village charheri, tehsil kharar, district mohali.2. the matter was referred to mediation and conciliation centre vide order dated 07.07.2015 passed by the hon'ble supreme court.3. the parties were explained the process of .....

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Feb 05 2016 (SC)

Suresh Narayan Kadam and Ors. Vs. Central Bank of India and Ors.

Court : Supreme Court of India

..... decision that mediation must stand on its own; its success judged on its own record, un-assisted by judges. 5. with this prologue, it is necessary to state the facts of the dispute ..... such a way that the parties involved win as much as possible and lose as little as possible through the intervention of a third party steeped in the techniques of mediation; and second, (failing this) the dispute would be left to be resolved by each party presenting its case before a disinterested third party with an expectation of a binding decision ..... or another, institutionalized mediation has yet to be recognized as an acceptable method of dispute resolution provoking mr. fali s. nariman to comment in the same foreword in the context of the afcon s ..... ]. (iii) k. srinivas rao v. d.a. deepa.[3].4. that apart this court has, on several occasions, referred disputes for amicable settlement through the mediation centre functioning in the supreme court premises itself and mediation centres across the country in a large variety of disputes including (primarily) matrimonial disputes. in spite of the encouragement given by this court, for one reason .....

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May 01 2017 (SC)

B. Kodappa and Ors. Vs. Lakkamma (D) by Lrs. and Ors.

Court : Supreme Court of India

..... mediation centre or earlier, if mentioned by any of the parties. 3. the bangalore mediation centre, karnataka, vide letter dated 13.02.2017 has forwarded a memorandum of settlement reached between the parties dated 04.02.2017. the memorandum ..... the submission advanced on behalf of the learned counsel for the respondents it appears that the parties are interested in settling the dispute through mediation. if that be the case, they are granted liberty to appear before the mediation centre at bangalore high court with a copy of this order on 21st october, 2016 at 2.00 p.m. we expect that ..... the mediation proceedings will be concluded within a period of four weeks after it is initiated. post this matter after receipt of the report from the .....

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Apr 13 2016 (SC)

G.S. Kamalan Vs. Lathika Karthikeyan and Ors

Court : Supreme Court of India

..... .4. therefore, these appeals are disposed of in terms of settlement dated 8th december, 2015 arrived at between the parties through mediation before kerala mediation centre. the memorandum of settlement dated 8th december,2015 will form part of the judgment of this court. we record our appreciation for the efforts taken by the learned ..... at an amicable settlement. mr. a.r.george, advocate, mediator, kerala mediation centre has submitted a report stating that the disputes have been settled. a memorandum of settlement also has been drawn up which has duly been signed by the parties concerned ..... of more than three decades. the suit for partition was filed in the year 1980 and when the matter reached before this court, the parties were referred for mediation before the kerala mediation centre. 3 thanks to the cooperation extended by the parties and the learned counsel appearing for the parties, it is heartening to note that the parties have arrived ..... counsel on both sides and of the learned mediator for assisting the parties to have decades-long disputes settled amicably and for restoring peace in the family. ................j.[kurian joseph]. ....................j.[rohinton fali nariman]. new delhi; april13 .....

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Oct 16 2015 (SC)

Shailesh Dhairyawan Vs. Mohan Balkrishna Lulla

Court : Supreme Court of India

..... the spirit behind section 89 of the cpc. once we keep in mind the aforesaid fundamental aspects of the arbitration, the irresistible conclusion would be that whenever parties agree for mediation, and even name a specific arbitrator with no specific provision for appointment of another arbitrator on the recusal/withdrawal of the said arbitrator, the said omission is made up by ..... resorted to. it is here that depending upon the nature of dispute and relationship between the parties etc., the court may suggest a particular form of adr, whether arbitration or mediation etc. can be chosen. therefore, what is to be kept in mind is that once arbitration agreement was entered into between the parties, that too in a pending suit, the ..... , the court may re-formulate 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. it has been noticed by this court in some earlier judgments that section 89 of the cpc is not very happily worded. be that as it may, section 89 provides ..... that a court hearing a suit may formulate terms of settlement between the parties and may either settle the same or refer the same for settlement by conciliation, judicial settlement, mediation or arbitration. on the facts in the present case, it is clear that following the mandate of section 89, the bombay high court disposed of the suit between the parties .....

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