Court : Allahabad
Reported in : 2009ACJ1534; AIR2008All72
..... that the question of any falsity does not arise otherwise the ombudsman could not have poised down to a position of making effort of mediation to render equitable justice.9. therefore, in totality we do not find that any such case has been made out on behalf of the insurance company to repudiate the agreement ..... fraud there is no scope of showing any equitable justice towards any insured but when at an occasion the authority made an effort for mediation it is to be understood that the insurance company was also not in a position to come to a definite finding about any falsity. therefore, it can be safely presumed ..... ombudsman proceeded in this matter on the basis of the order of the earlier officers but at the same time out of his usual fairness quoted about an effort of mediation as follows:efforts for mediation were made during personal hearing but since insurer's representative was not prepared to reconsider the claim, these did not succeed. in view of failure of ..... mediation proceedings, i proceed to give my award in the matter as under.8. according to us, fraud and equity can not run simultaneously. if it is a question of genuine .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(4)ALD828; 2007(5)ALT289
..... time they never demanded execution of registered sale deed. there is some evidence available on record that when a demand for partition was made then some mediation was convened and in pursuance thereof delivery was effected, it is needless to say that ex. b2 as such is not a possessory agreement of ..... is that of his father but his father has no confidence in the defendants. pw.2 was examined, who deposed about the dispute and the mediation and this witness also deposed about the plaint schedule property and the second plaintiff disputing that his father executing agreement of sale and also in relation ..... would not have waited to get a sale deed executed by the defendants. the plaint allegation mat the first plaintiff raised a dispute before the alleged mediators goes to sow that the plaintiff no. 1 had no agreement of sale in his favour. the long silence on the part of the first ..... ponna hukkum, ponna china hukkum, challa nageswararao and siddani veerabhadrudu who all belong to dagguluru. the defendants 1, 2 and 4 who attended the mediation on behalf of the joint family admitted before the elders that the joint family received the entire sale consideration under the sale agreement dated 7-1- ..... the first plaintiff making up a total of rs. 24,545-75. the contrary allegations regarding the demands in the plaint are expressly denied. the alleged mediation referred to in para 7 of the plaint was a myth. u. subbarao, g. krishnamurthy and d.v. krishnarao and close associates of the plaintiffs. .....Tag this Judgment!
Court : Delhi
Reported in : 159(2009)DLT629; (2009)155PLR2
..... still hope that the parties are able to find some final solution to their dispute. however, though we have put to the parties whether they are willing to go for mediation, only the appellant expressed his intent to do so but respondent did not.19. at this stage, learned counsel for the respondents state that her client has reconsidered the matter ..... and would like an endeavour to be made before the delhi high court mediation & conciliation centre on 20th may, 2009, making it clear that pendency before the mediation centre would have no ramification on the implementation of the order passed by us today. the mediation centre to appoint a mediator of sufficient seniority who has expertise in handling matrimonial matters.20. list for ..... directions on 31st july, 2009 for report of the mediator as well as the local commissioner.Tag this Judgment!
Court : Mumbai
Reported in : AIR1967Bom300; (1966)68BOMLR809
..... . there is no doubt that if the reason given in the petition that the father-in-law and the brother-in-law were attempting to mediate was true, it would have found place in the letter which the petitioner wrote in february 1963 to the respondent. this reason which is now ..... written on the 18th of february 1963 the petitioner made no reference whatsoever to these efforts by hashambhoy jetha and akbar jetha and these efforts at mediation were for the first time referred to in the petition, which was filed in july 1963. the letter refers to a supposed promise by ..... and so arbitration was not necessary. the efforts hashambhoy jetha, did not succeed. thereafter the petitioner's brother-in-law. akbar jetha also tried to mediate but failed. it was after these efforts failed that the petitioner requested the respondent to execute the formal agreement to arbitration. it is curious that in ..... the case, the question of proceeding with the arbitration in this matter does not arise at all.' thus, on the ground that the efforts for mediation by the petitioner's father-in-law and brother-in-law had failed and also on the ground that the respondent had deliberately avoided execution of ..... -in-law of the petitioner, however, did not succeed. according to the petitioner, her brother-in-law. akbar jetha mediated but it was of no avail. after both these efforts for mediation had failed, the petitioner had requested the respondent to execute a formal agreement of reference to arbitration so that the arbitration .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1970Kant270; AIR1970Mys270
..... far as we can see, that his lordship understood that the contract was not one contained in the letter but one arrived at and concluded at the preceding mediation referred to, because the mediation itself is described as having resulted in one party giving up a claim for money against the other in consideration of that other party giving up his right ..... the suit properly which belonged to his wife. oral evidence of such previous mediation was held to be permissible to prove consideration for giving up of the property under the letter in question. this is what is stated in the judgment:--'the prohibition in ..... of the defendant, by the father under a deed of gift in 1933. the defendant sought to prove that though the letter mentioned no consideration, the same was preceded by mediation as a result of which the defendant gave up a claim to recover rs. 350 from the 1st plaintiff in consideration of the 1st plaintiff giving up the right in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(5)LHSC3175; JT2009(10)SC109; 2009(10)SCALE744; (2009)10SCC604
..... also an application under section 9 of the hindu marriage act, 1955 for the purpose of harassing her in-laws but at the same time she had been asking for mediation of their matrimonial dispute.33. mrs. vinay malhotra, the mother of the respondent, on the other hand, urged that:i. the appellants had been harassing and torturing the respondent in ..... mediator and the mediation processes were resorted to on day to day basis. indisputably however, the said negotiation failed. the matter was listed before this court on 11.6.2008. the parties were given ..... in transfer petition (criminal) no. 258/2007 and this court by an order dated 9.5.2008 directed the complainant and vikas to report to the senior coordinator of the mediation cell at tis hazari courts, delhi to explore the possibilities of resolving/settlement of their matrimonial discord. pursuant thereto the parties appeared before the learned senior .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(13)SCALE484
..... suit 321/2007 pending before civil judge, hapur, u.p. stand withdrawn.2. orders be sent to the respective courts. parties are directed to appear before the delhi high court mediation centre for counselling on 4.12.2008.3. in view of the aforesaid agreement, the petition is disposed of on the terms as set out above. the proceedings as noted ..... for transfer of a case, the matter was directed to be listed at the supreme court lok adalat which was held on 6th september, 2008. with the assistance of the mediators, the parties were heard and following terms for settling the disputes were arrived at:1. parties have agreed to withdraw their respective complaints and suits.2. parties have been living ..... together since 1.7.2008.3. parties agree that they need counselling to avoid violence which will be provided by delhi high court mediation centre. they agree to appear before the delhi high court mediation centre on a date fixed by this hon'ble court.4. in order that parties have more confidence in each other, the parties desire that .....Tag this Judgment!
Court : Chennai
Reported in : AIR1927Mad426
..... is binding on the parties and is not irrelevant. therefore the district munsif ought to have framed an issue as regards the mediation and recorded a finding thereon. seeing he has not taken such a course, strictly speaking, i ought to call for a finding. but, though there is no issue, the parties ..... mediators also agreeing beforehand that they should abide by the decision of the mediators, i think if such a mediation is completed, i. e., ended in a decision that so much be paid by one party to the other, that decision ..... ); whether the entries in the plaintiff's account are true and (2) what amount is the plaintiff entitled to recover? at p. 5 he also says that the question of mediation is irrelevant for the purpose of the suit. if there are disputes between two parties and if they agree to refer the matter to .....Tag this Judgment!
Court : Karnataka
..... counsel appearing for both the parties, as stated supra, is placed on record. 5. the memorandum of agreement dated 6th january, 2016 entered into between the parties before the bangalore mediation centre, duly signed by the appellant and respondent and attested by the learned counsel appearing for the respective parties is placed on record. the terms and conditions of the memorandum ..... the memorandum of agreement dated 6th january, 2016 filed under section 89 of the code of civil procedure, 1908 read with rules 24 and 25 of the karnataka civil procedure (mediation) rules, 2007, and the marriage solemnised between the appellant and the respondent on 26/ 04/2001 may be dissolved by granting a decree of divorce. 4. the submission of the ..... the courts for redressal. they have been residing separately since 8 years. during the course of the aforesaid proceedings, the matter was referred to mediation for resolving the dispute between the parties. in the course of mediation, the appellant and the respondent on their own volition and without any coercion have resolved their disputes and mutually agreed for the following terms and .....Tag this Judgment!
Court : Jharkhand
Reported in : 2005CriLJ1559; [2004(2)JCR577(Jhr)]
..... .3. learned counsel appearing for the petitioners pointed out that petitioner no. 1 sonali mehta after the death of her husband was driven out from her sasural, but due to mediation of well wishers she was again brought to her in-laws house on 31.1.2002 and she stayed there till 12.2.2002 and when she filed an affidavit ..... and other family members (annexure-5). on 26.2.2002 a joint compromise petition was filed on behalf of both the parties as good feeling has been restored with the mediation of the well wishers and c.p. case no. 54 of 2002 was withdrawn (annexure-6 and 6/1). the same day she was married with complainant of the case .....Tag this Judgment!