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Judgment Search Results Home > Cases Phrase: mediation Page 14 of about 111,701 results (0.021 seconds)

Sep 04 2008 (HC)

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court : Chennai

Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)

..... , the respondent has merely highlighted that there are several proceedings pending in various courts and that the plaintiff had burked the information relating to the reference of the parties to mediation by the delhi high court. it is also contended in the counter affidavit that the television commercial complained of by the plaintiff contains only the positive features of the defendant ..... pending.c.s. no. 1709 high court, delhi plaintiff herein v. atul shah this suit relates to the of 2005 'all round protection' cartonof the defendant.no injunction in force. mediation failed and suit pending._________________________________________________________________________________________________w.p. no. 4165 high court, delhi jay kanak bhai bhatt v. union this writ petition of 2006 of india challenges the grant of registrationof a ..... conduct of the plaintiff. it is stated in the said counter affidavit that in view of the fact that there are several litigations pending between the plaintiff and the defendant, mediation was already initiated before a learned judge of the delhi high court at the instance of the delhi high court and that the plaintiff had suppressed this fact in the .....

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Mar 05 2008 (SC)

Bharat Coking Coal Ltd. Vs. Annapurna Construction

Court : Supreme Court of India

Reported in : AIR2008SC2028; 2008(1)ARBLR545(SC); 2008(56)BLJR1596; 2008BusLR418(SC); JT2008(4)SC390; (2008)4MLJ480(SC); 2008(4)SCALE316; (2008)6SCC732; 2008(1)LC553(SC); 2008AIRSCW2686; 2008(3)LH(SC)2041

..... valuable right of appeal will be lost. therefore, in the scheme of things, the submission of the learned counsel cannot be accepted....[see also the comments in 'arbitration, conciliation and mediation', second edition by shri v.a. mohta, page 82]20. it is also not a case where this court has exercised its jurisdiction under sub-section (6) of section 11 .....

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Oct 17 2017 (HC)

Dayawati vs.yogesh Kumar Gosain

Court : Delhi

..... and infructuous. (emphasis supplied) 37. with regard to anomalies in section 89 of the cpc, the supreme court has thus held that where the court has referred the matter to mediation, the mediator shall be deemed to be a lok adalat under the legal services act. for cases covered under section 89 of the cpc, it is thus abundantly clear that the ..... of the case and submissions on behalf of both the parties, it is apparent that the accused is not willing to comply with the terms and conditions of the mediation settlement. hence, mediation settlement failed. crl.ref.no.1/2016 page 8 of 89 let the matter be proceeded on merit, put up on 14.08.2015 (emphasis by us) 12. ..... by a voluntary process inter se the parties. to facilitate this process, there can be no possible exclusion of external third party assistance to the parties, say that of neutral mediators or conciliators.57. therefore, even though an express statutory provision enabling the criminal court to refer the complainant and accused persons to alternate dispute redressal mechanisms has not been specifically ..... processes. prosecution for criminal offences has been mentioned as not suitable. the judgment also notes that the categorization enumerated is merely illustrative and not inflexible. as the legal validity of mediation in criminal compoundable cases was not specifically in question, there is thus no authoritative judicial pronouncement prohibiting the same.52. out of the alternate dispute redressal mechanisms adopted by this .....

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Apr 22 2019 (HC)

Manish Jain & Ors. Vs.state (Govt. Of Nct Delhi) & Anr.

Court : Delhi

..... would have no inhibition to quash it, bearing in mind the broad principles that govern the exercise of jurisdiction under section 482 cr.p.c. (ii) the mediator (before commencing mediation) must undertake a preliminary scrutiny of the facts of the criminal case and satisfy himself as to the possibility of assisting the parties to such a settlement as would ..... a voluntary process inter se the parties. to facilitate this process, there can be no possible exclusion of external third party assistance to the parties, say that of neutral mediators or conciliators. though an express statutory 64. therefore, even provision enabling the criminal court to refer the complainant and accused persons to alternate dispute redressal mechanisms has not been ..... the judgment reported as k. srinivas rao (supra), was also in the context of a criminal case involving offence under section 498a ipc. the supreme court, taking note of mediation (as a method of alternative dispute redressal) having got legal recognition, made observations regarding settlement of matrimonial disputes thus :-"39. quite often, the cause of the misunderstanding in a ..... where the settlement is arrived at between the parties, terms of such settlement are finalized and signed by the parties. in criminal matters, if the settlement is reached through mediation, a clause is incorporated by which the parties agree to approach the hon?ble court for taking the settlement on record and for quashing the criminal proceedings wherever required. .....

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Dec 11 2017 (HC)

Smriti Madan Kansagra vs.perry Kansagra

Court : Delhi

..... proceedings. this constitutes a permanent dark area off limits, till such time appropriate and nuanced clear rules are enacted by legislation or binding norms by way of limited exception. mediators therefore cannot file reports especially in the event of failure (of parties to reach a settlement) discussing generally or even in neutral narrative, the position of parties or even ..... or unwarranted suspicion of one party; obstinacy, unwillingness to budge from previously held entrenched positions; plain uncouth or unpleasant behavior of a party, to spite the other. the mediator s role is to eliminate all these obstructions and lead the parties to the real possibility of ending the strife or contest. her reward is the success, when achieved and ..... be strongly suggestive of what the court ought to do. this, he stated, completely compromises the parties and amounts to breaching the trust they reposed when they agreed to mediation. he relied upon the order referring an earlier decision (of the supreme court) requiring video conferencing procedures to be adopted in family proceedings for reconsideration, by a larger bench ..... of conciliation process, the documents obtained or signed/drafts or information or proposal made or views expressed, admission made etc. need not be a part of the mediation report especially when the mediation has resulted in a failure.8. mr. prosenjit banerjee, learned counsel for the review petitioner urged the court to recall or expunge the observations in the main .....

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Apr 22 2019 (HC)

Sh. Yashpal Chaudhrani & Ors. Vs.state (Govt. Of Nct Delhi) & Anr.

Court : Delhi

..... would have no inhibition to quash it, bearing in mind the broad principles that govern the exercise of jurisdiction under section 482 cr.p.c. (ii) the mediator (before commencing mediation) must undertake a preliminary scrutiny of the facts of the criminal case and satisfy himself as to the possibility of assisting the parties to such a settlement as would ..... a voluntary process inter se the parties. to facilitate this process, there can be no possible exclusion of external third party assistance to the parties, say that of neutral mediators or conciliators. though an express statutory 64. therefore, even provision enabling the criminal court to refer the complainant and accused persons to alternate dispute redressal mechanisms has not been ..... the judgment reported as k. srinivas rao (supra), was also in the context of a criminal case involving offence under section 498a ipc. the supreme court, taking note of mediation (as a method of alternative dispute redressal) having got legal recognition, made observations regarding settlement of matrimonial disputes thus :-"39. quite often, the cause of the misunderstanding in a ..... where the settlement is arrived at between the parties, terms of such settlement are finalized and signed by the parties. in criminal matters, if the settlement is reached through mediation, a clause is incorporated by which the parties agree to approach the hon?ble court for taking the settlement on record and for quashing the criminal proceedings wherever required. .....

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Apr 22 2019 (HC)

Akhil Arora & Ors. Vs.state & Anr.

Court : Delhi

..... would have no inhibition to quash it, bearing in mind the broad principles that govern the exercise of jurisdiction under section 482 cr.p.c. (ii) the mediator (before commencing mediation) must undertake a preliminary scrutiny of the facts of the criminal case and satisfy himself as to the possibility of assisting the parties to such a settlement as would ..... a voluntary process inter se the parties. to facilitate this process, there can be no possible exclusion of external third party assistance to the parties, say that of neutral mediators or conciliators. though an express statutory 64. therefore, even provision enabling the criminal court to refer the complainant and accused persons to alternate dispute redressal mechanisms has not been ..... the judgment reported as k. srinivas rao (supra), was also in the context of a criminal case involving offence under section 498a ipc. the supreme court, taking note of mediation (as a method of alternative dispute redressal) having got legal recognition, made observations regarding settlement of matrimonial disputes thus :-"39. quite often, the cause of the misunderstanding in a ..... where the settlement is arrived at between the parties, terms of such settlement are finalized and signed by the parties. in criminal matters, if the settlement is reached through mediation, a clause is incorporated by which the parties agree to approach the hon?ble court for taking the settlement on record and for quashing the criminal proceedings wherever required. .....

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Sep 30 2011 (HC)

Re: in the Matter of Matrimonial Disputes Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2012(3)KLT49(SN)(C.No.50)

..... offences under section 498 a ipc where immediate arrests may not be necessary, for laying down the appropriate criteria in this regard, and for sending the matters for mediation before the mediation cells in the civil courts, in accordance with the aforesaid directions of this court. the principal secretary, (finance), u.p. may apprise the court as to ..... legal services authorities to submit their compliance reports (through the district judges) for getting the aforementioned minor matters relating to offences under section 498 a ipc settled through mediation and the difficulties they encounter or forsee in complying with the directions of this court by the next listing. the state government is also directed to submit its ..... received considerable feedback from subordinate judicial authorities that unless the offence under section 498-a ipc is made compoundable, much benefit cannot be derived by trying to bring about mediation between the parties. a dilemma then arises before the concerned court, (which cannot close the trial because the spouses have compromised their dispute) or even before the aggrieved ..... l.r and tanuja srivastava, i.g.( public grievances), ms. g. sridevi, secretary, u.p. state legal services authority, sri ashok mehta, organising secretary, allahabad high court, mediation and conciliation centre, sri pankaj naqvi, sister sheeba jose advocates on behalf of the intervenor 'sahyog,' sri d.r. chaudhary, learned government advocate and sri bimlendu tripathi, learned a.g .....

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Apr 22 2019 (HC)

Ashwani Kumar & Anr vs.the State of Nct of Delhi & Ors

Court : Delhi

..... would have no inhibition to quash it, bearing in mind the broad principles that govern the exercise of jurisdiction under section 482 cr.p.c. (ii) the mediator (before commencing mediation) must undertake a preliminary scrutiny of the facts of the criminal case and satisfy himself as to the possibility of assisting the parties to such a settlement as would ..... a voluntary process inter se the parties. to facilitate this process, there can be no possible exclusion of external third party assistance to the parties, say that of neutral mediators or conciliators. though an express statutory 64. therefore, even provision enabling the criminal court to refer the complainant and accused persons to alternate dispute redressal mechanisms has not been ..... the judgment reported as k. srinivas rao (supra), was also in the context of a criminal case involving offence under section 498a ipc. the supreme court, taking note of mediation (as a method of alternative dispute redressal) having got legal recognition, made observations regarding settlement of matrimonial disputes thus :-"39. quite often, the cause of the misunderstanding in a ..... where the settlement is arrived at between the parties, terms of such settlement are finalized and signed by the parties. in criminal matters, if the settlement is reached through mediation, a clause is incorporated by which the parties agree to approach the hon?ble court for taking the settlement on record and for quashing the criminal proceedings wherever required. .....

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Mar 29 1937 (FN)

Virginian Railway Co. Vs. Railway Employees

Court : US Supreme Court

..... during the last two years when widespread strikes, the usual accompaniment of business recovery, prevailed throughout the country, is to be explained primarily not by the mediation machinery of the railway labor act, but by the existence of these collective labor contracts. for, while they are in existence, these contracts provide orderly, legal ..... association by individual mechanical department employes by circulating or causing to be circulated applications for membership in said independent shop crafts association notwithstanding the certification as aforesaid by the national mediation board of said system federation no. 40, railway employes department of the american federation of labor, as the authorized representative of its mechanical department employes, . . ..... 300 u. s. 540 prevent its employees from exercising their right to choose their own representative; that for that purpose, following the certification, by the national mediation board, of the federation, as the duly authorized representative of petitioner's mechanical department employees, petitioner had organized the independent shop craft association of its shop craft ..... pay, rules, or working conditions on the railroads, by the promotion of collective bargaining between the carrier and the authorized representative of its employees, and by mediation and arbitration when such bargaining does not result in agreement. to facilitate agreement, it gives to employees the right to organize and bargain collectively through a .....

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