Court : Andhra Pradesh
Reported in : 2009(2)ALT644
..... relatives. they got equal interest in the plaintiff's averments. therefore, their own version is to be believed. ex.a-3 shows that there was a mediation in between the parties, and that the defendant agreed to give some properties, and therefore, the plaintiffs have brought stamp papers expecting that they would get ..... there is any other evidence on the part of the plaintiffs. the other witnesses of the plaintiffs, p.ws.2 to 5, speak of the mediation between the plaintiffs and the defendant, which is much subsequent to the death of parents of the parties as well as the death of eswararao as ..... the present suit after a long gap of 20 years and when they are ousted from the alleged joint family property?2. whether plaintiffs have proved mediation as alleged?3. whether the finding of the trial court in rejecting wills exs.b-3 and b-4 is justified?4. whether the suit schedule ..... 2nd plaintiff, who has intentionally disowned his signature on ex.b-3, will and his own brother p.w.4 also speaks about the mediation as one of the mediators. the statements of p.ws.4 and 5 are therefore interested testimonies and the trial court committed an error in believing the same. the ..... allegation that all the suit schedule properties are joint family properties and that the plaintiffs are not given any share in spite of the agreement in the mediation between plaintiffs and the defendant, they wanted to separate from the joint family; that the plaintiffs claim that they have given a legal notice, ex.a .....Tag this Judgment!
Court : Mumbai Aurangabad
..... fees act, 1870. 9. the petitioner submits that although suit, in the instant matter, has not been settled before lok adalat, however, settlement has been arrived at in mediation proceedings in pursuance to a reference made by the court compulsorily in view of section 89 of the code of civil procedure. the petitioner, thus, submits that in view of ..... 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 proceedings ..... adopting these methods. the central government is directed to examine it and if agreed, it was requested to make specific financial allocation for judiciary for including the expenses involved for mediation/conciliation under section 89 of the code of civil procedure. section 89 of the code of civil procedure reads thus: "89 settlement of disputes outside the court(1) where ..... with a view to arrive at an amicable settlement. the malinath committee recommended to refer the dispute after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate disputes resolution method, the suit shall proceed further .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1997(4)ALT376
..... 1 to his father in the year 1956 are true and that the father of the petitioner came into possession of that land under such mediation in the year 1956. under point no. 3, which relates to the plea of adverse possession set up by the petitioner herein, the learned additional chief ..... the said land under the registered sale deed dated 28-5-1970 from syed shabuddin hussain. under point no. 2 he came to the conclusion that the mediation pleaded by the present petitioner, who was the defendant in the suit, and delivery of possession of the eastern half of the land in sy. no. ..... that the respondents herein are the owners of the land and that the petitioner failed to establish his title to the disputed land either under the alleged mediation or by way of acquisition of title by adverse possession. it is also now admitted that the petitioner herein filed a.s.253/76 before the additional ..... issuance of ownership certificate under section 38-e of the tenancy act. on the other hand, the contention of the petitioner is that in view of a mediation effected by some elders in the year 1956 when disputes arose between his father and the father of the respondents, the father of the respondents gave the ..... agreed to give the eastern half of the disputed land to his father and he was also put in possession of the said land in pursuance of such mediation by the elders; that eversince 1956, his father and after his death, he alone are in exclusive possession and enjoyment of the eastern half of the .....Tag this Judgment!
Court : Delhi
Reported in : 2002IIAD(Delhi)603; 96(2002)DLT749; 2002(64)DRJ345; 2002(2)RAJ595
..... . this is not the position in the instant case. here, section 30 of the act specifically empowers the arbitral tribunal to encourage settlement with the agreement of parties to use mediation/conciliation or other procedure. the parties in the instant case had agreed for adopting a particular course which was resorted to. it, thereforee, does not amount to any abdication of ..... set in from day one of the arbitration proceedings and the parties did not adopt adversarial stance.17. secondly, section 30 of the act does not limit the settlement through mediation and conciliation but envisages 'other procedures as well'. here other procedure is the 'verdict' (verdict used in loose sense and not in the sense of adjudication) of the three persons ..... complainant dr. anju gupta undertakes to bring with her s/sh. b.k. gupta and tarseem aggarwal.in case the date and time fixed above are not convenient to the mediators named above, the parties shall notify theexchange in advance to enable the exchange to arrange for adjournment.' 5. from the aforesaid, it appears that the four persons who were to ..... was adjourned to 5th march, 2001. on 5th march, 2001 the parties made a joint statement before the arbitrator to the effect that they would be ready to have the mediation of mr. b.k. gupta, mr. m.l. aggarwal, mr. tarseem aggarwal and mr. surinder soni and thecase was adjourned to 12th march, 2001. order sheet dated 5th march, 2001 .....Tag this Judgment!
Court : Supreme Court of India
..... his counsel by letter dated 13.01.2012.11. though the above facts stated in the aforesaid i.a. are not mentioned in the report of the mediator submitted to this court, what is stated in the aforesaid report dated 14.01.2012 is that on 14.01.2012 the respondent and the children were ..... the court made the following interim arrangement:"(i) the respondent-husband is directed to bring both daughters, namely, kirti bhalla and ridhi bhalla to the supreme court mediation center at 10 a.m. on saturday of every fortnight and hand over both of them to the petitioner-wife. the mother is free to interact with them ..... at about 12.00 p.m., the respondent took both the children home. thereafter, both the children have declined to visit the mediation centre any further. before the next date for appearance in the mediation centre, i.e., 14.01.2012 the said fact was informed to the learned counsel for the appellant by the respondent through ..... present and that a letter dated 13.01.2012 from the counsel for the respondent had been placed before the mediator wherein it has been stated that though the children had earlier attended the mediation centre they are now refusing to come to the centre and all efforts in this regard made by their father ..... all efforts, did not succeed in persuading the children. at about 1.30 p.m. the respondent, who had left the children in the mediation centre, received a call that he should come and take the children back with him. in the aforesaid i.a. it has been further stated .....Tag this Judgment!
Court : Mumbai
..... of the hindu marriage act. moreover, this matter can be viewed in a different perspective as according to the settlement terms arrived at before the learned mediator, initially the entire custody of the child then aged about two years, was agreed to be given to the husband but subsequently the present petitioner had ..... of the husband, present respondent, was for divorce on the ground of cruelty whereas initially it was opposed by the present appellant wife but during the mediation process some consent terms were arrived at. moreover, it is a factual position that no application under section 13-b of the hindu marriage act was ..... acted in terms of the said settlement terms mainly on the ground that there was much emotional pressure on her at the time of signing the said mediation settlement terms. in order to appreciate this argument, the crux of the said settlement terms can be mentioned with advantage. in para 1 of the ..... was granted dissolving the marriage between the parties on 30.7.2014. if it is considered that the said settlement terms arrived at before the mediator are to be acted upon and to be given effect as if the same is application under section 13b of the hindu marriage act, still ..... of final order which is impugned, are of much significance. for the sake of ready reference, the said dates can be mentioned, inasmuch as the mediation settlement terms were arrived at on 14.2.2014, application no. 71 of 2014 exh. 28 was preferred on 1.3.2014 and the said application .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(2)ALD(Cri)332; 2008(3)ALT(Cri)63; 2008CriLJ4092
..... him over medical check up and not over any demand for dowry. it is highly improbable and hard to believe that there would have been any occasion for mediation by elders including two practising advocates if the dispute was only regarding taking p.w. 1 by p.w. 2 for medical check up. the finding of the ..... of chowdepally were present at the time of mediation and accused refused to receive p.w. 1 unless the amount was paid as demanded and hence the panchayat failed. there is absolutely no reason to reject the ..... in the presence of his senior sri nagaraju and others. p.w. 4's evidence further corroborates the evidence of p.ws. 1 to 3 regarding failure of mediation when a-1 again demanded payment of rs. 2 lakhs for second time. p.w. 4 categorically stated that himself and his senior sri nagaraju and other villagers ..... after keeping quiet for some time, a-1 resumed his demand and harassment again, seeking payment of rs. 2 lakhs. the evidence on record further establish that the mediation attempted by p.w. 2 in the presence of pws. 3, 4 and others failed as a-1 was adamant and insisted upon payment of rs. 2 ..... she was necked out of the house by a-1. it is further alleged that p.ws. 1 to 3 again approached the accused to settle the dispute through mediation in the presence of the elders, including p.w. 4 and nagaraju, who all advised a-1 to receive p.w. 1 back, but the accused refused .....Tag this Judgment!
Court : Delhi
..... the husband and the wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. nowadays, mediation has played a very important role in settling the disputes, especially, matrimonial disputes and has yielded good results. the court must exercise its inherent power under ..... by mutual consent. it is agreed that the petitioner no.1 shall return all the jewellery items, as stated in the terms of the present mediation report, at the time of the filing of the first motion petition for divorce by mutual consent and that all the expenses with regard to the ..... alimony, dowry articles, istridhan etc. it is also agreed that the above mentioned amount shall be paid in the manner enunciated in the terms of the mediation report. it is also agreed that petitioner no. 1 shall also pay a sum of rs. 1.5 lacs to respondent no.2 at that ..... respondent no.2. 4. respondent no.2, present in the court, submitted that the dispute between the parties has been amicably resolved. as per the mediation report, petitioner no.1 and respondent no.2 have agreed that they shall take divorce by way of mutual consent. it is agreed that petitioner no ..... 2012, under sections 498- a/406/34 ipc and section 4 dowry prohibition act registered at police station jyoti nagar on the basis of the mediation report of the delhi mediation centre, karkadooma courts, delhi executed between petitioner nos.1 and 2 and respondent no.2, namely, smt. hema @ seema on 10.04.2015 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(5)ALD834
..... any criminal case, to see whether the witnesses were independent. by the very nature of the things, it is only the acquainted and closely related persons that would act as mediators and not those, who are unconnected, or inimically disposed.9. it is not as if the suit was pending for years together, on account of non-cooperation of the petitioners ..... the petitioners, in submitting the application under order ix rule 13 c.p.c. with a delay of 269 days, was that the dispute between them and the respondent was mediated by several well-wishers, and there existed an understanding that the parties shall not proceed with the suit, till the matter is settled. to substantiate their contention, the petitioners deposed ..... petitioners pleaded that soon after they received summons in the suit, they engaged an advocate and in the meanwhile, the well-wishers of both the parties have advised for mediation. they allege that mediation has taken place, and both the parties were advised not to proceed with the suit, till the matter is settled; and despite the same, the respondent proceeded with ..... court dismissed the ia.5. sri m vidya sugar, the learned counsel for the petitioners, submits that the petitioners as well as the mediators were examined before the trial court and though it was clearly established that the mediation has taken place between the parties, the trial court did not believe the same and dismissed the i.a., by taking hypertecnnical view .....Tag this Judgment!
Court : Mumbai
Reported in : II(1995)DMC390
..... no such a condition precedent for mediation for making talaq a valid one.17. no doubt, the learned counsel for the wife invited my attention to two decisions of gauhati high court where this principle has been ..... divorce is void on certain circumstances. but in none of the provisions from paragraphs 198 to 216 there is mention that if a talaq is given without there being earlier mediation, it will be void or invalid. hence, from the basis of a number of books on muslim law which i have referred to above. i can say that there is ..... ms. paranjape invited my attention to the compendium of fatimid law by asaf a.a, fyzee wherein paragraph 218 on page 51. there is a section regarding mediation. it says that the koran recommended mediation where there is a dispute between husband and wife. then it is provided in paragraph 219 that if the reconciliation efforts fail then the marriage may be ..... dissolve the marriage provided they are empowered by both the spouses. in my view this section pertaining to mediation is only an enabling provision. it is nowhere stated in the section that in every case of divorce, mediation must precede pronouncement of talaq. on the other hand, in the compendium of fatimid law, the rules regarding talaq are mentioned in paragraphs from .....Tag this Judgment!