Court : Jharkhand
Decided on : May-14-2004
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the parties as good feeling has been restored with the mediation of the well wishers and c.p. case no. 54 of 2002 was withdrawn (annexure-6 and 6/1).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!
Court : Delhi
Decided on : Jul-16-2004
Reported in : 2004(29)PTC522(Del)
..... notice to defendant no. 3. the plaintiff has contented that trade mark 'tata' has been upheld in a number of judgments by this court as well as the arbitration and mediation centre at world intellectual property organization.6. a declaration was filed pursuant to the order of this court dated 3rd august, 1999 and the registrant of the domain name tatagroup .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-03-2004
Reported in : [2005(106)FLR767]; (2005)2GLR946
..... , a step in social justice direction.2. the learned advocates appearing for the parties in this group of petitions, upon long drawn, inter-se, as well as, in the court, mediation, negotiation has fruitfully culminated into a common and agreed formula, which is, evidently, reflected in the form of additional affidavit filed on behalf of the respondent no.1ahmedabad municipal corporation ..... . the affidavit in reply on behalf of the respondent is filed, which is in the form of additional affidavit, which upon inter-se, as well as, during court's proceedings mediations and negotiations is articulated and transcribed in it. the said additional affidavit shall form part of it.3. it is noticed from the said additional affidavit that the deponent has .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-14-2004
Reported in : AIR2005Cal28,125CompCas708(Cal)
..... the principles as laid down in the judgment, reported in : air2003sc189 (salem advocate bar association, t. n. v. union of india with other matter). but when the court of mediation itself is formed for resolving the banking disputes, strict principle of civil procedure code cannot be applied therein. it has to follow the principle of natural justice and own procedure. here it ..... formation of connecting link between them. such power cannot be equated grammatically with the words 'compromise', settlement1 or 'consensus*. in the case of mediation two parties are not only involved for the purpose of meeting at a point. in this case, involvement of two parties is to agree principally whether they require 'compromise' or ..... giving effect of the memorandum of understanding (mou) arrived at by the parties during the pendency of a suit. however, the word 'consensus is different from the word 'mediation'. grammatically it means connection between the parties not directly but through some other person or thing. in other words, it is intervention for the purpose of reconciling them or for ..... and rules. the scheme of the act is to regulate its own procedure inclusive of their sittings. therefore, it is not simpliciter civil court. it is a court of mediation itself. the very introduction of the act is to recover the debt without following technicalities of the civil procedure code applicable to civil court at the earliest. narasimhan committee with the chairmanship .....Tag this Judgment!
Court : Kerala
Decided on : Aug-02-2004
Reported in : 2005(2)KLT441
..... she experienced pain on the abdomen, necessarily there was no occasion for pw.2 to be a mediator. thus the mediation conducted by pw.2 itself is sufficient corroboration for the evidence of pw.1. the bashfulness and innocent naivete and the feminine tendency to conceal ..... and the normal female tendency to conceal sexual outrage. even apart, there was due corroboration by none other than pw.2, the village head, who had mediated far earlier than institution of ext.p1 complaint, in the matter. in such circumstances, there is sufficient corroboration as well to the evidence of pw.1. ..... but the accused did not concede. there was also a proposal for the conduct of dna test. two others were also asked to involve in the mediating; but it did not fructify. if pw.1 had not divulged this fact earlier, as spoken to by pw3, on consultation with a doctor when ..... cross-examination of the witnesses to doubt the truth and reasonableness of the explanation so offered.'16. in this case also pw2 had stated about the mediation. he is none other than the local panchayat president. pw4 had stated about the promise of the accused to marry the victim after the child birth ..... date cannot be a reason to reject the prosecution case. it is further submitted that, as spoken to by pw.2, the panchayat president and the mediator, there was a proposal to conduct dna test of the child and the accused. but it did not materialise obviously because there was no consent forthcoming .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-06-2004
Reported in : 2005(1)ALD(Cri)230; 2004CriLJ4528
..... substance, this is the version of the prosecution. no doubt there is some delay in giving report. the explanation given is that p.ws. 1 and 2 wanted to convene mediation in this regard and in view of the same, the delay had occurred. even otherwise, the medical evidence does not show any injuries either on the private parts or notable ..... would be crucial. the evidence of p.w. 3 is of general nature since he deposed about the mediation. apart from the evidence of p.ws. 1 and 2, the evidence of p.w. 4, the doctor who had examined p.w. 1 is also material. p.w. 4 ..... her brother-in-law towards her was not good, again she went back to cheepuruvalasa village and was living there by doing cooli work. at cheepuruvalasa village, one gurram simhachalam mediated the marriage of p.w. 1 with p.w. 2 of jeegiram village. at the time of her marriage with p.w. 2, p.w. 2 was 30 years aged ..... character and requested him to continue his life with her as she is not at fault and that the accused was responsible. there was mediation in this regard. inasmuch as the accused had not responded properly in the mediation, ultimately, p.ws. 1 and 2 had gone to the police and reported the matter. the evidence of p.ws. 1 and 2 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-20-2004
Reported in : 2004(3)MPHT89; 2004(3)MPLJ37
..... full and final settlement of the case.2. counsel for the parties appearing in this appeal states that the parties have arrived at the aforesaid settlement with the aid of mediator shri t.c. singhal, advocate.3. considering the facts of the case the combined decree in all the three suits is modified to rs. 7,70,000/-. the amount has ..... /- was passed against all the appellants. on mediation the appellants agreed to pay rs. 7,70,000/- to the plaint/decree holder. plaintiff has agreed to give up his claim for rs. 1,99,198/- and accepted the ..... s.s. jha, j.1. this case was referred under section 89 to shri t.c. singhal, advocate to mediate and help the parties to arrive at an amicable solution. after reference mediator arrange mediation talks between the parties and after the mediation sittings parties had settled their case in all the three appeals. in all the three cases decree for rs. 9,69,198 .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-01-2004
Reported in : 2004(3)ARBLR371(Bom); 2004(6)BomCR4; 2005(1)MhLj566
..... ) it is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. (2) if, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-13-2004
Reported in : AIR2005AP45; 2004(6)ALT431
..... under section 115 of the code. there cannot be any controversy that an arbitrator or an umpire is expected to be impartial and disinterested person as far as lis of mediation is concerned. in the decision referred (14) supra, while dealing with the aspect of maintainability of an appeal by an arbitrator, the division bench of kerala high court held as .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-25-2004
Reported in : 2005(1)ALD859
..... .1.1996 nagarju dalam of pwg burnt the house of the petitioner by pouring diesel and kerosene to ashes causing a damage of rs. 6,00,000/-. as per police mediation a report taken during the course of investigation valued the same at rs. 5,75,000/-. several instances had been narrated and it was clearly averred that because of the .....Tag this Judgment!