Court : Delhi
Decided on : Jan-18-2002
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 : Andhra Pradesh
Decided on : Oct-01-2002
Reported in : 2003(2)ALD270
..... defendant. the 1st defendant wanted to create exclusive rights in favour of this defendant and the 4th defendant with respect of this 3rd item of the plaint schedule at the mediation of some respectables like s. ramakrishna rao (bus owner), sreenivasa rao, y. surendranath (the brother's son of the 1st defendant's husband) and some others. the defendants 1, 5 .....Tag this Judgment!
Court : Kerala
Decided on : Mar-13-2002
Reported in : 2002CriLJ4419
..... , the burden is on him to prove what is the monthly or annual income derived by him. cpw.2, the witness examined by the erstwhile husband to prove that a mediation had taken place deposed clearly the fact that the revision petitioner is a dealer in two wheelers. learned counsel for the revision petitioner submitted that the revision petitioner is not .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-17-2002
Reported in : II(2004)DMC610
..... evidence needs to be examined with a note of caution. further, his evidence is so self-contradictory that it hardly needs any consideration at all. he is said to have mediated between p.w. 1 and a1. according to him, he went to the house of a1 on 14.8.1994 along with one g. subbaiah. the ..... mediation failed and the statement with regard to the whole affair was recorded by the police under section 161 on the next day itself. it is a matter of record that .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-01-2002
Reported in : 2002(2)ALD682
..... was no ambiguity in the recitals of ex.a.1. in order to discharge the burden the defendant ought to have examined any one of the elders forthe alleged mediation or any one of the attesters or the scribe to prove that the document is not supported by consideration. unless and until the presumption that the suit is supported ..... two promissory notes as alleged by the defendant in ex.b.5. d.w.2 speaks only about ex.a.1 pro-note. he was not cited as a mediator by the defendant in ex.b.5 or in the written statement. d.w.2 also stated that he does not know the contents of ex.a.1 and ..... the amount due under the pro-note covered by o.s.no.355 of 1974 filed by p.w.2.9. the defendant did not examine any one of the mediators said to have advised him to execute the promissory note in favour of the 1st plaintiff. according to the defendant, p.w.2 filed a suit and attached his ..... that unless the correct particulars are verified from the court it would not be possible to get the matter settled. therefore, it was agreed in the same mediation that the defendant should execute the suit promissory note for rs.3,250/- in favour of the plaintiff herein. the plaintiff should execute a promissory note for rs.3 ..... the court also attached the groundnuts and he has to produce them in the court. at that time one krishnamurthy naidu, the ex-village munsif of karvetinagar held mediation and in that mediation, p.w.2 and the plaintiff herein, d.velayudha reddy and k.narsimhulu reddy, brother of p.w.2 were present. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-25-2002
Reported in : AIR2003SC189; 2003(1)ALLMR(SC)391; 2002(6)ALT1(SC); 2003(3)AWC2238(SC); 100(2002)DLT691(SC); I(2003)DMC73SC; (2003)1GLR148; JT2002(9)SC175; RLW2007(3)SC2531; (2003)1SCC49;
..... has to be made to bring about an amicable settlement between the parties but if conciliation or mediation or judicial settlement is not possible, despite efforts being made, the case will ultimately go to trial.10. section 89 is a new provision ..... and conciliation act, 1996 will apply and that case will go outside the stream of the court but resorting to conciliation or judicial settlement or mediation with a view to settle the dispute would not ipso facto take the case outside the judicial system. all that this means is that effort ..... act, 1987 (39 of 1987) shall apply as if the dispute were referred to a lok adalat under the provisions of that act;(d) for mediation, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.'8. it is quite obvious that the ..... 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 ..... that the parties shall follow the procedure as may be prescribed. section 89(2)(d), therefore, contemplates appropriate rules being framed with regard to mediation.9. in certain countries of the world where adr has been successful to the extent that over 90 per cent of the cases are settled .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Dec-13-2002
Reported in : AIR2003HP148
..... bring about an amicable settlement between the parties but if conciliation or mediation or judicial settlement is not possible, despite efforts being made, the case will ultimately go to trial. 11. section 89 is a new provision and even though arbitration or conciliation ..... the provisions of the arbitration and conciliation act, 1996 will apply and that case will go outside the stream of the court but resorting to conciliation or judicial settlement or mediation with a view to settle the dispute would not ipso facto take the case outside the judicial system. all that this means is that effort has to be made to ..... 89(2)(d) provides that the parties shall follow the procedure as may be prescribed. section 89(2)(d), therefore, contemplates appropriate rules being framed with regard to mediation. 10. in certain countries of the world where adr has been successful to the extent that over 90 per cent of the cases are settled out of court, there is ..... the parties at an early date. the alternative dispute resolution (adr) mechanism as contemplated by section 89 is arbitration or conciliation or judicial settlement including settlement through lok adalat or mediation. sub-section (2) of section 89 refers to different acts in relation to arbitration, conciliation or settlement through lok adalat, but with regard to .....Tag this Judgment!
Court : Delhi
Decided on : Mar-06-2002
Reported in : 2002IVAD(Delhi)390; AIR2002Delhi379; 97(2002)DLT257
..... engaged couple as 'streedhan'. 18. it was further contended that a studio based reality tv show on the subject matter of match making, mediation by a celebrity anchor woman cannot be called unique or novel by an stretch of imagination. it was contended that confidentiality and communication cannot hold ..... on the subject of match making. 3. providing a platform to young women to choose a spouse from a short list of potential suitors. 4. mediation by a celebrity anchorwoman. 5. involvement of parents of the girl and suitors. 6. enabling selection of spouse through various devices. 7. rewarding the ..... the copyright was for creative, unique and novel tv reality programme to conduct a real life matchmaking show by giving girls the opportunity, with mediation by an anchor person, to choose a husband of their own choice from a line-up of the suitors in the presence of parents ..... shortlisting of potential grooms and parents would be involved in the process. the programme would create a family oriented, sensitive entertainment and would be mediated by a vibrant, mature, articulate, anchorwoman. it has been averred in the plaint that the plaintiff informed the defendant that he had registered ..... to be selected/short-listed by the producers prior to the show. 7. producers will ensure that there is no duplicity or foul play. 8. mediation by mature, articulate, vibrant anchorwoman. 9. empowerment of women by promoting secular and progressive spouse selection. 4. plaintiff no.1 disclosed this concept .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-18-2002
Reported in : 2003(1)ALD402; 2002(6)ALT244
..... whatsoever between the plaint pleadings and the averments made by the defendants on vital issues. the only dispute highlighted by the defendants was that there was a settlement out of mediation and the defendants are willing to transfer the patta of the disputed land in favour of the plaintiff if a sum of rs. 1,00,000/- was paid to them ..... 16.9.1981 which was ratified by the plaintiff- society. 10. in paragraph no.3 of the written statement it is stated that after the suit is filed there was mediation and settlement and a sum of rs. 1,00,000/- (rupees one lakh only) was paid as full quit to these defendants and these defendants are willing to transfer the .....Tag this Judgment!
Court : Company Law Board CLB
Decided on : May-22-2002
..... , in spite of the repeated demands made by the petitioners, on account of which the disputes arose between the petitioners and second respondent, which were resolved by the efforts and mediation effected by shri j.radha krishna, chartered accountant and accordingly a memorandum dated 12.07.1998 (page 27 of list of annexures to petition) was entered between the petitioners and ..... , non-holding of statutory meetings, illegal induction of respondents 3 to 5 as directors of the company. it is, on record that these disputes were resolved by the efforts and mediation effected by one shri j. radha krishna, chartered accountant which resulted in entering into a memorandum of understanding dated 12.07.1998 (page 27 of list of annexures to petition ..... disputes were settled by virtue of the mou dated 12.07.1998 which enabes the parties to take up with the mediator in case of any dispute among parties. there is nothing oh record that the petitioners have approached the mediator in regard to these allegations. in view of the mod dated 12.07.1998, we do not find any substance in .....Tag this Judgment!