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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Year: 2005 Page 1 of about 61 results (0.049 seconds)

Nov 14 2005 (FN)

Schaffer Vs. Weast

Court : US Supreme Court

Decided on : Nov-14-2005

..... , special education expenditure project). congress has also repeatedly amended the act in order to reduce its administrative and litigation-related costs. for example, in 1997 congress mandated that states offer mediation for idea disputes. individuals with disabilities education act amendments of 1997, pub. l. 105 17, 615(e), 111 stat. 90, 20 u. s. c. 1415(e). in 2004, congress added ..... , evaluation, or educational placement of the child, or [2] to the provision of a free appropriate public education, of the child, has the opportunity to resolve such disputes through a mediation process. 20 u. s. c. a. 1415(a), (b)(6)(a), (k) (supp. 2005). the act further provides the parent with an opportunity for an impartial due process hearing provided ..... the state hearing(s), to bring a civil action in a federal district court. 1415(i)(2)(a). in sum, the act provides for school board action, followed by (1) mediation, (2) an impartial state due process hearing with the possibility of state appellate review, and, (3) federal district court review. the act also sets forth minimum procedures that the parties .....

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Jun 27 2005 (FN)

Castle Rock Vs. Gonzales

Court : US Supreme Court

Decided on : Jun-27-2005

..... , 542, 544 546 (describing the problems that attend a discretionary arrest regime: even when probable clause is present, police officers still frequently try to calm the parties and act as mediators . three studies found the arrest rate to range between 3% and 10% when the decision to arrest is left to police discretion. another study found that the police made arrests ..... in domestic violence cases that had been conducted in minneapolis. in this study, police handled randomly assigned domestic violence offenders by using one of three different responses: arresting the offender, mediating the dispute or requiring the offender to leave the house for eight hours. the study concluded that in comparison with the other two responses, arrest had a significantly greater impact ..... for mandatory-arrest statutes and policies derived from the idea that it is better for police officers to arrest the aggressor in a domestic-violence incident than to attempt to mediate the dispute or merely to ask the offender to leave the scene. those other options are only available, of course, when the offender is present at the scene. see hanna .....

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Jun 27 2005 (FN)

Metro-goldwyn-mayer Studios Inc. Vs. Grokster, Ltd.

Court : US Supreme Court

Decided on : Jun-27-2005

..... the user can download desired files directly from peers computers. as this description indicates, grokster and streamcast use no servers to intercept the content of the search requests or to mediate the file transfers conducted by users of the software, there being no central point through which the substance of the communications passes in either direction.[ footnote 4 ] although grokster and ..... servers. the advantage of peer-to-peer networks over information networks of other types shows up in their substantial and growing popularity. because they need no central computer server to mediate the exchange of information or files among users, the high-bandwidth communications capacity for a server may be dispensed with, and the need for costly server storage space is eliminated .....

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Aug 02 2005 (SC)

Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Aug-02-2005

Reported in : AIR2005SC3353; 2005(5)ALD1(SC); 2005(5)ALLMR(SC)876; 2005(3)ARBLR81(SC); 2005(3)AWC2996(SC); 2005(3)BLJR1934; 2005(6)BomCR839; (2006)2GLR1312; JT2005(6)SC486; 2005(6)KarLJ5

..... suit or in any other suit or proceedings.(vii) such other categories of persons as may be notified by the high court.rule 6 : venue for conducting mediation :the mediator shall conduct the mediation at one or other of the following places:(i) venue of the lok adalat or permanent lok adalat.(ii) any place identified by the district judge within the ..... commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.rule 20 : confidentiality, disclosure and inadmissibility of information:(1) when a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party.(2 ..... directed to examine it and if agreed, it shall request the planning commission and finance commission to make specific financial allocation for the judiciary for including the expenses involved for mediation/conciliation under section 89 of the code. in case, central government has any reservations, the same shall be placed before the court within four months. in such event, the ..... , 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 .....

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Mar 09 2005 (SC)

Calcutta Municipal Corporation and ors. Vs. Shrey Mercantile Pvt. Ltd. ...

Court : Supreme Court of India

Decided on : Mar-09-2005

Reported in : AIR2005SC1879; (SCSuppl)2005(2)CHN120; 100(2005)CLT235(SC); JT2005(3)SC143; (2005)4SCC245

s.h. kapadia, j.1. the short question which arises for determination in these civil appeals by grant of special leave by calcutta municipal corporation is - whether the imposition for the process of change in the name of the owner in the assessment books of the corporation is in the nature of 'a fee' or 'tax'.2. for the sake of convenience, we refer to the facts of civil appeal no.5631 of 2000.3. premises bearing no.9a, jatindra mohan avenue, calcutta - 700 006 belonged to tapas ghosh, meenakshi sinha and gayatri chandra. by several deeds of conveyance, they sold the said premises to m/s shrey mercantile (p) ltd., m/s drishti mercantile (p) ltd. and m/s kic resources ltd. (hereinafter referred to as 'the developers'). the building in the premises was very old and was in a dilapidated condition. the developers decided to construct a new building after demolishing the existing old structure. the developers submitted the building plan for sanction which the corporation refused to accept without the names of the developers being brought on record by way of mutation. on 21.3.1997, the developers applied for mutation by deletion of the names of the previous owners and substitution of their names for which the corporation demanded mutation fees of rs.3 lacs under calcutta corporation (taxation) regulations, 1989. this demand was challenged by filing of writ petition in the calcutta high court.4. the calcutta municipal corporation (amendment) act, 1988 was passed by the state .....

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Jul 11 2005 (SC)

N.V. Srinivasa Murthy and ors. Vs. Mariyamma (Dead) by Proposed Lrs. a ...

Court : Supreme Court of India

Decided on : Jul-11-2005

Reported in : AIR2005SC2897; 2005(5)ALD113(SC); 2005(3)AWC2541(SC); 2005(3)CTC545; JT2005(6)SC1; 2005(5)KarLJ17; 2005(II)OLR(SC)425; (2005)5SCC548; 2005(2)LC898(SC)

d.m. dharmadhikari, j. 1. in these appeals preferred by the plaintiffs the only question involved is whether the trial court and the high court were right in holding that the plaint under order vii rule 11 of the code of civil procedure was liable to rejection. the high court by the impugned order passed in misc. second appeal reversed the order of the first appellate court and upheld that of the trial court.2. learned counsel appearing for the plaintiff in this appeal contends that if the plaint allegations containing all facts are read in proper perspective, 'cause of action' has clearly been pleaded and the high court grossly erred in rejecting the plaint on the ground that it does not disclose any cause of action.3. with the assistance and on the comments and counter comments of the parties, we have carefully gone through the contents of the plaint. we find that the plaint has been very cleverly drafted with a view to get over the bar of limitation and payment of ad valorem court fee. according to us, the plaint was rightly held to be liable to rejection if not on the alleged ground of non-disclosure of any cause of action but on the ground covered by clause (d) of rule 11 of order vii of code of civil procedure namely that 'the suit appears from the statement in the plaint to be clearly barred by law'.4. as per the plaint allegations of the plaintiffs, their late father had incurred some debts and had therefore borrowed a sum of rs. 2000/- from the predecessor in title .....

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Oct 19 2005 (SC)

Ramlal and anr. Vs. Phagua and ors.

Court : Supreme Court of India

Decided on : Oct-19-2005

Reported in : AIR2006SC623; 2005(6)ALT70(SC); 2005(5)CTC282; [2006(1)JCR82(SC)]; JT2005(9)SC47; RLW2006(2)SC1506; 2005(8)SCALE427; (2006)1SCC168

ar. lakshmanan, j.1. the above appeal was filed by the unsuccessful defendants against the final judgment and order dated 06.08.1998 passed by the high court of madhya pradesh at jabalpur in second appeal no. 500 of 1989 whereby the high court allowed the second appeal filed by the respondent/plaintiff. 2. the short facts of the case are as follows:- the respondent/plaintiff executed a sale deed in favour of mst. hasrat bi after obtaining a loan of rs. 400/- and also executed an agreement stating therein that in case she returns rs. 400/- to mst. hasrat bi within 3 years, property shall be reconveyed to him. the respondent failed to repay the loan within the stipulated period of 3 years. therefore, mst. hasrat bi got her name recorded in the revenue and sold the property to the appellant ramlal shyamlal and one pyarelal by a registered sale deed for a sum of rs. 4,000/-. according to the appellants, they came in possession of the property and are cultivating since then. respondent no.1 - plague filed a suit for declaration that the sale deed dated 01.12.1965 executed by her in favour of mst. hasrat bi was only a nominal sale and she continues to be the owner of the suit land. she also prayed for possession of the suit land. the trial court held that the registered sale deed dated 01.12.1965 has not been executed nominally and accordingly the trial court dismissed the suit. the plaintiff/respondent herein filed first appeal before the district judge who also dismissed the .....

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Apr 11 2005 (SC)

Sona Bala Bora and ors. Vs. Jyotirindra Bhatacharjee

Court : Supreme Court of India

Decided on : Apr-11-2005

Reported in : 2005(5)ALLMR(SC)1128; 2005(2)AWC1593(SC); (SCSuppl)2005(3)CHN114; 100(2005)CLT147(SC); 2005(1)CTLJ345(SC); JT2005(4)SC418; (2005)4SCC501; 2005(1)LC626(SC)

ruma pal, j1. leave granted.2. the first appellant is the widow of bhogirath bora. the appellants 2-4 are their children. they reside in a bungalow which is situated in an area of .176 acres of land at shillong. there are two other bungalows on the same plot which are tenanted. the respondent claims to have purchased the three bungalows and the land from bhogirath in 1977 for a consideration of rs. 69,000/-.3. in 1978, the respondent filed a title suit against, inter alia the appellants and bhogirath, (who was named as a proforma defendant) claiming a declaration that he was the absolute and exclusive owner of the land and buildings, for a decree for vacant possession by evicting the appellants and the tenants therefrom, for mesne profits, interest thereon and costs.4. the appellants also, filed a suit against the respondent and bhogirath claiming a declaration that bhogirath did not have the absolute right to transfer the property to the respondent, that the sale made to the respondent was void and should be set aside, for a declaration that bhogirath was bound by the terms of a compromise petition dated 10th june, 1977 filed in ct. case no. 3/1977 and that the appellants had a preferential right and a right of preemption to purchase the other two houses on the land.5. it is an admitted position that in 1977, bhogirath had filed a complaint (case no. 3/1977) against some of the appellants before the magistrate under section 107 of the code of criminal procedure. the .....

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Apr 11 2005 (SC)

Yamuna Nagar Improvement Trust Vs. Khariati Lal

Court : Supreme Court of India

Decided on : Apr-11-2005

Reported in : AIR2005SC2245; 2005(3)AWC2353(SC); (SCSuppl)2005(3)CHN148; JT2005(4)SC261; (2005)10SCC30; 2005(1)LC617(SC)

c.k. thakker, j1. leave granted.2. these appeals are filed by yamuna nagar improvement trust challenging the legality of judgment and decree passed by civil judge (senior division), jagadhri, dated january 28, 1999, confirmed by the additional district judge, jagadhri on november 24, 2000 and also confirmed by the high court of punjab and haryana on august 14, 2003.3. to appreciate the controversy in the appeals, relevant facts of both the cases may be stated in brief.4. in the first matter, a suit was filed by kharaiti lal, s/o deewan chand, for permanent injunction restraining yamuna nagar improvement trust ('trust' for short) from interfering with actual and physical possession over the residential house owned by the plaintiff by demolishing the construction made by him. the case of the plaintiff was that he along with his brother mulakh raj purchased the property bearing khasra no. 173 min, mauza gobindpuri now sham nagar, near bus stand, model town, yamuna nagar, from one mangal, s/o nihala vide registered sale deed dated march 9, 1962 for valuable consideration. it was his case that in pursuance of the sale deed, physical and actual possession of the land was handed over to the plaintiff and his brother by mulakh raj. thereafter the plaintiff constructed a residential house wherein he was residing alongwith his family members. according to the plaintiff, he was paying house tax to the municipal committee, yamuna nagar. water and electric connection was also given to him .....

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Mar 11 2005 (SC)

iqbal Singh Marwah and anr. Vs. Meenakshi Marwah and anr.

Court : Supreme Court of India

Decided on : Mar-11-2005

Reported in : AIR2005SC2119; 2005(1)ALD(Cri)717; 2005CriLJ2161; 118(2005)DLT329(SC); JT2005(3)SC195; 2005(3)MhLj530; 2005(II)OLR(SC)102; (2005)4SCC370; 2005(1)LC675(SC)

g.p. mathur, j.1. leave granted in special leave petition (crl) no.4111 of 2000.2. in view of conflict of opinion between two decisions of this court each rendered by a bench of three learned judges in surjit singh v. balbir singh : 1996crilj2304 and sachida nand singh v. state of bihar 1998 (2) scc 493, regarding interpretation of section 195(1)(b)(ii) of code of criminal procedure 1973 (for short 'cr.p.c.'), this appeal has been placed before the present bench.3. the facts of the case may be noticed in brief. the appellant nos.1 and 2 are real brothers of mukhtar singh marwah, while respondent nos.1 and 2 are his widow and son respectively. mukhtar singh marwah died on 3.6.1993. the appellant no.1 filed probate case no.363 of 1993 in the court of district judge, delhi, for being granted probate of the will allegedly executed by mukhtar singh marwah on 20.1.1993. the petition was contested by the respondents on the ground that the will was forged. on their application the appellant no.1 filed the original will in the court of district judge on 10.2.1994. thereafter, the respondents moved an application under section 340 cr.p.c. requesting the court to file a criminal complaint against appellant no.1 as the will set up by him was forged. a reply to the said application was filed on 27.7.1994 but the application has not been disposed of so far. thereafter, the respondents filed a criminal complaint in may 1996 in the court of chief metropolitan magistrate, new delhi, for .....

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