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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2010 Page 1 of about 150 results (0.081 seconds)

Jul 26 2010 (SC)

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

Court : Supreme Court of India

Decided on : Jul-26-2010

..... 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

Decided on : Jul-26-2010

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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Jul 26 2010 (SC)

S.G.Rajgopalan Prabhu and ors. Vs. Veena and anr.

Court : Supreme Court of India

Decided on : Jul-26-2010

the matter was referred to the supreme court mediation centre. by the efforts of the mediator, the matter has been settled. parties have entered into a compromise. a compromise petition has been handed over to us in court, which is taken on record. in terms of .....

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Feb 05 2010 (SC)

Manish Goel Vs. Rohini Goel

Court : Supreme Court of India

Decided on : Feb-05-2010

Reported in : 2010(2)SCALE332

..... by persuasion of the family members and friends, the parties entered into a compromise and prepared a memorandum of understanding dated 13.11.2009 in the proceedings pending before the mediation centre, delhi by which they agreed on terms and conditions incorporated therein, to settle all their disputes and also for dissolution of their marriage. the parties filed an application under .....

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May 05 2010 (SC)

Bondu Ramaswamy Vs. Bangalore Development Authority and ors.

Court : Supreme Court of India

Decided on : May-05-2010

..... necessary to evolve tailor-made schemes to suit particular acquisitions, so that they will be smooth, speedy, litigation free and beneficial to all concerned. proper planning, adequate counselling, and timely mediation with different groups of landlosers, should be resorted.let us consider the different types of benefits that will make acquisitions landloser-friendly.87.1 in acquisitions of the first kind .....

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May 07 2010 (SC)

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Decided on : May-07-2010

Reported in : 2007(Supp.)Bom.C.R.925

..... for reliance infocomm ltd., reliance energy ltd. and reliance capital ltd. on the same day, anil ambani resigned as joint managing director of ril.(l) both the brothers with the mediation of their mother mrs. kokilaben dhirubhai ambani arrived at a memorandum of understanding (mou)/family arrangement dated 18.06.2005 and accordingly resolved their disputes amicably. based upon the said ..... retained the powers that only it could exercise. the crucial fact is that ada had agreed that the agreements entered into with mda as a part of the mou be mediated through the board in the form of a reorganization, and the board thereafter acted independently. this is amply evidenced by the board insisting that governmental approvals were necessary for gas .....

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Aug 09 2010 (SC)

Indian Bank Vs. M/S. Blue Jaggers Estates Ltd. and Others

Court : Supreme Court of India

Decided on : Aug-09-2010

..... o.a. no. 1098 of 1998 and decide the same along with s.a. no. 221 of 2007. that petition was referred by the high court to the tamil nadu mediation and conciliation centre, which submitted report dated 4.9.1998 incorporating therein the offer made by respondent no.2 herein that he is ready to pay interest for the delayed .....

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May 13 2010 (SC)

Arun Raj Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-13-2010

..... found for the offence committed by appellant to fall under section 304 part ii of indian penal code. as the offence was found to be committed with enough time to mediate on the action to commit the murder of deceased, appellant was said to have intention to cause the death of the deceased. thus, the high court found the charge under .....

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Jan 12 2010 (SC)

Aftab Ahmad Anasari Vs. State of Uttaranchal

Court : Supreme Court of India

Decided on : Jan-12-2010

Reported in : AIR2010SC773; JT2010(1)SC424; 2010(1)SCALE408; (2010)2SCC583

..... .' it is in these terms:the mediatornama written at 9 a.m. on 12.1.1945, in front of maddineni verrayya's choultry and in the presence of the undersigned mediators.statement made by the accused inala sydayya on being arrested. about 14 days ago, i kotayya and people of my party lay in wait for sivayya and others at about .....

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Feb 08 2010 (SC)

Santosh Vs. Jagat Ram and anr.

Court : Supreme Court of India

Decided on : Feb-08-2010

Reported in : JT2010(2)SC253; 2010(2)SCALE218

v.s. sirpurkar, j.1. this is an appeal by a helpless widow, who has become a prey of the greed of her own elder brother in law and is deprived of her properties in a fraudulent manner. as per the pleadings, smt. santosh (appellant herein), the original plaintiff, lost her husband chander pal in the year 1985. she is issueless. chander pal, at the time of his death, owned a land to the extent of 36 kanals 7 marlas out of the total land measuring 80 kanals 1 marla comprised in khewat no. 64 khatoni no. 96 and 97 as per jamabandi for the year 1975-76 situated at village kotia, tehsil and district mahendragarh. after losing her husband in the prime of youth, she had nobody to look forward to. respondents are the sons of one daya ram, who was the real brother of chander pal. appellant was approached by daya ram (dw-4), who convinced her to accompany him to courts of mahendragarh, so that the mutation of the properties inherited by her from her husband could be made and the properties could be recorded in her name. believing him, she accompanied him to mahendragarh, where her thumb impressions were obtained on 3-4 papers. she was also asked to say 'yes' if she was asked any question by the authorities. she believed in good faith that the mutation will be done and the properties would be recorded in her name. all this happened on 26.3.1985. about two and half months, before filing of second suit the respondents (original defendants) and her brother in law daya ram (dw-4) started .....

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