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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 2014 Page 5 of about 192 results (0.184 seconds)

Oct 10 2014 (SC)

Rasheeda Khatoon (D) Through Lrs. Vs. Ashiq Ali (D) Through Lrs.

Court : Supreme Court of India

Decided on : Oct-10-2014

in the supreme court of india civil appellate jurisdiction civil appeal no.603 of2009rasheeda khatoon (d) through lrs. ...appellants versus ashiq ali s/o of lt. abu mohd (d) through lrs. ..respondents with civil appeal no.564 of 2009 judgment dipak misra, j.rasheeda khatoon, the predecessor-in-interest of present appellants, instituted regular suit no.31 of 1975 in the court of civil judge, faizabad, seeking recovery of possession from the original defendants. the case of original plaintiff before the trial court was that one abdul haq was the owner of the house no.2868 situated in mohalla hayat ganj in tanda, district faizabad. the only son of abdul haq had shifted to pakistan at the time of partition and there was no one to look after him. the father of rasheeda khatoon, hazi madari, was a close friend of abdul haq, and being a neighbour, she was looking after him for last 20 years till 24.01.1972 when he breathed his last at the ripe age of ninety. regard being had to various aspects and fruther being pleased with her services, 7 years prior to the institution of the suit he made an oral gift of the suit house in her favour which was accepted by her and possession of the house was also handed over. pursuant to the oral gift she lived in the premises in question and looked after him. the tenants who had been staying in the southern portion of the house, accepted her status and started paying rent to her. prior to a year of his death being apprehensive that some others might .....

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Aug 25 2014 (SC)

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

Decided on : Aug-25-2014

reportable in the supreme court of india original jurisdiction writ petition (crl.) no.120 of2012manohar lal sharma petitioner vs. the principal secretary & ors. respondents with writ petition [c]. no.463 of2012writ petition [c]. no.515 of2012writ petition [c]. no.283 of2013judgment r.m. lodha, cji. coal is king and paramount lord of industry is an old saying in the industrial world. industrial greatness has been built up on coal by many countries. in india, coal is the most important indigenous energy resource and remains the dominant fuel for power generation and many industrial applications. a number of major industrial sectors including iron and steel production depend on coal as a source of energy. the cement industry is also a major coal user. coal s potential as a feedstock for producing liquid transport fuels is huge in india. coal can help significant economic growth. india s energy future and prosperity are integrally dependant upon mining and using its most abundant, affordable and dependant energy supply which is coal. coal is extremely important element in the industrial life of developing india. in power, iron and steel, coal is used as an input and in cement, coal is used both as fuel and an input. it is no exaggeration that coal is regarded by many as the black diamond.2. being such a significant, valuable and important natural resource, the allocation of coal blocks for the period 1993 to 2010 is the subject matter of this group of writ petitions filed in the .....

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Sep 24 2014 (SC)

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

Decided on : Sep-24-2014

reportable in the supreme court of india criminal/civil original jurisdiction writ petition (crl.) no.120 of2012manohar lal sharma .petitioner versus the principle secretary & ors. respondents with writ petition (civil) no.463 of2012with writ petition (civil) no.515 of2012and writ petition (civil) no.283 of 2013 order1 on 25th august, 2014 judgment was delivered in these cases and it was held, inter alia, that the allotment of coal blocks made by the screening committee of the government of india, as also the allotments made through the government dispensation route are arbitrary and illegal. since the conclusion arrived at would have potentially had far-reaching consequences, on which submissions were not made when the case was heard, the question of what should be the consequences of the declaration was left open for hearing.2. the relevant paragraphs of the judgment dated 25th august, 2014 read as follows:- 155. the allocation of coal blocks through government dispensation route, however laudable the object may be, also is illegal since it is impermissible as per the scheme of the cmn act. no state government or public sector undertakings of the state governments are eligible for mining coal for commercial use. since allocation of coal is permissible only to those categories under section 3(3) and (4), the joint venture arrangement with ineligible firms is also impermissible. equally, there is also no question of any consortium/leader/association in allocation. only an .....

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Aug 29 2014 (SC)

Ashraf Kokkur Vs. K.V.Abdul Khader Etc.

Court : Supreme Court of India

Decided on : Aug-29-2014

in the supreme court of india civil appellate jurisdiction civil appeal nos. 69-70 of2012ashraf kokkur appellant (s) versus k.v. abdul khader etc. respondent (s) judgment kurian, j.: the simple question arising for consideration in this case is whether the averments in the election petition disclose a cause of action as required under order vii rule 11(a) of the code of civil procedure, 1908 (hereinafter referred to as cpc ). incidentally, it may be noted that the election petition has been dismissed by the impugned judgment dated 16.11.2011, which reads as follows: judgment i.a. 4/11 is allowed. election petition is dismissed in limine as it does not disclose a complete cause of action or a triable issue. of course, detailed reasons are given in the order dated 16.11.2011 in i.a. 4/2011, which is also under challenge in one of the appeals. the sole ground in the election petition is that the respondent is disqualified under article 191(1)(a) of the constitution of india, since he was holding the post of chairperson of the kerala state wakf board. to the extent relevant, the article reads as follows: 191. disqualification for membership.-(1) xxx (a) if he holds office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder; (emphasis supplied) the high court has taken the view that the election petition does not clearly contain a .....

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May 08 2014 (SC)

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

Court : Supreme Court of India

Decided on : May-08-2014

..... 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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Jul 02 2014 (SC)

Davinder Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Jul-02-2014

..... the complainant. then pw-2 told the accused that he will meet them the next day. on 3.3.1997, pw-2 along with his maternal uncle bhola singh and mediator teja singh reached the house of the accused. when they reached at the gate of the house, they heard shrieks upstairs. when they were just entering the gate, mother-in ..... , 1996. kuldeep singh, darshana devi and parveen are respectively father, mother and sister of the appellant. paramjit kaur and swaranjit kaur are also sisters of the appellant. teja singh was mediator of marriage of amarjit kaur with davinder singh. they had spent on marriage of deceased more than their capacity. the relations of deceased with her husband and in laws remained ..... amarjit kaur started torturing/coercing her to bring more dowry. jaswinder singh-complainant- brother of amarjit kaur and teja singh-mediator had requested the in-laws of amarjit kaur not to harass and torture her for dowry but they continued to maltreat and harass the deceased. on 9.2.1997, marriage ..... (deceased) was married to accused-davinder singh (appellant herein) 6/7 months before the date of occurrence i.e. 3rd march, 1997. teja singh son of bachittar singh was the mediator in arranging the marriage. at the time of marriage, sufficient dowry was given by the parents of amarjit kaur as per their status, but after the marriage in-laws of .....

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Apr 25 2014 (SC)

Dinesh Vs. State of Haryana

Court : Supreme Court of India

Decided on : Apr-25-2014

..... marriage. however, appellant and his two brothers, namely vinod kumar and rakesh, were not satisfied with the dowry and started harassing her for not bringing dowry to their satisfaction. although, mediators also requested accused persons not to harass the deceased manju bala, their requests fell flat. it has also been alleged that the accused persons, appellant and his two brothers, did ..... she had not stated before the police that accused were demanding t.v. and a golden chain. learned counsel contended that pw-2 rakesh kumar, who was one of the mediators in the said marriage, wrongly stated that the alleged demand for dowry by the accused persons were made approximately four years before the date of occurrence. on the basis of ..... any other reason for her to commit suicide. the evidence shows that the first appellant had demanded dowry and he had sent her away from his house and only after mediation she was taken back to the appellant s house and death happened within a period of two months thereafter. these facts clearly show that the suicide was the result of ..... vinod kumar and rakesh were ill-treating her for not bringing television and gold chain in dowry. this was brought to the notice of suresh and rakesh, who acted as mediators at the time of settlement of marriage proposal and requested the accused persons not to harass the deceased but they did not heed to it. pw-1 further deposed that .....

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Nov 11 2014 (SC)

O.M Cherian @ Thankachan Vs. State of Kerala and ors

Court : Supreme Court of India

Decided on : Nov-11-2014

..... for only four times and finally he visited india while he was on leave during january- february 1996. the appellant also appears to have taken efforts for mediation to settle the differences and the mediation was scheduled to take place on 23.2.1996; but lillikutty committed suicide on the same day. keeping in view the totality of the facts and circumstances ..... .2.1996 lillikutty poured kerosene oil on herself and also drank some, which was later cleared away. on 23.2.1996, a mediation talk had been scheduled and pw-1 and the relatives of lillikutty were also to attend the mediation talks but when the meeting was so scheduled, lillikutty committed suicide by hanging. on the first information by pw-1, a .....

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Nov 11 2014 (SC)

O.M Cherian @ Thankachan Vs. State of Kerala and ors

Court : Supreme Court of India

Decided on : Nov-11-2014

..... for only four times and finally he visited india while he was on leave during january- february 1996. the appellant also appears to have taken efforts for mediation to settle the differences and the mediation was scheduled to take place on 23.2.1996; but lillikutty committed suicide on the same day. keeping in view the totality of the facts and circumstances ..... .2.1996 lillikutty poured kerosene oil on herself and also drank some, which was later cleared away. on 23.2.1996, a mediation talk had been scheduled and pw-1 and the relatives of lillikutty were also to attend the mediation talks but when the meeting was so scheduled, lillikutty committed suicide by hanging. on the first information by pw-1, a .....

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Sep 18 2014 (SC)

Shalu Ojha Vs. Prashant Ojha

Court : Supreme Court of India

Decided on : Sep-18-2014

..... respondent approached this court in slp (crl.) no.6509-6510 of 2013 which was dismissed in limine on 13.08.2013 with a direction to the parties to apply for mediation.11. pursuant to the said direction, the respondent filed crl. misc. application no.12547 of 2013 in crl. misc. case no.1975 of 2013 for direction to refer the matter ..... to mediation. the matter was referred accordingly. eventually the mediation failed. on receipt of such failure report, the appeal was again listed before the high court on 10.09.2013. the high court directed the respondent to .....

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