Court : Mumbai
Decided on : Aug-11-2004
Reported in : 2005CriLJ412
..... , which is a submission based on the second clause of section 300 of i.p.c. at the same time, one has also to note that there was no pre-mediation or planning. the accused came drunk on that day and without any cause being given by his wife, firstly attacked her with a water pot. he proceeded to throw 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!
Court : Supreme Court of India
Decided on : Jan-20-2004
Reported in : AIR2004SC1695; 2004CriLJ910; I(2004)DMC171SC; JT2003(1)SC556; 2004(1)SCALE606; (2004)2SCC442
..... deceased was kicked on her stomach when she was pregnant as a result whereof an abortion took place whereafter her father brought her to his own house. however, allegedly on mediation by elderly persons including pw 5, syed arif, the deceased was sent back to her matrimonial home. despite the same, the deceased allegedly used to complain to her parents about ..... 1) and saleem khan (pw 2) as also smt. asmathunnisa (pw 6), the mother of the deceased but also stands corroborated by the evidence of syed arif (pw 5) who mediated between the appellant and the deceased. it has also been proved that the jewelleries belonging to the deceased were pawned to one goutham chand (pw 10) by the appellant. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-08-2004
Reported in : AIR2004SC1990; 2004(2)ALD(Cri)21; 2004CriLJ2025; I(2004)DMC680SC; JT2004(4)SC455; 2004(4)SCALE238; (2004)5SCC334
..... accused also examined 6 witnesses in his defence.4. pw 11 rd chetwal who is the father of deceased vimla, has deposed that the marriage had been arranged through the mediation of a distant relation piarey lal who had informed that the accused no doubt came from a poor family but he was well qualified. he had given 9-10 tolas .....Tag this Judgment!
Court : Kerala
Decided on : Nov-03-2004
Reported in : 2005(1)KLT307
..... rev. fr.mary das stephen, that there was some dispute regarding the iatters continuance as vicar which eventually led to a law and order situation, that the rdo interfered and mediation talks were held and a memorandum of understanding was reached whereby the plaintiff was authorized to discharge all the religious functions and duties of the parish priest, that the dispute .....Tag this Judgment!
Court : Gujarat
Decided on : May-06-2004
Reported in : (2004)3GLR2081
..... in getting their grievances redressed, which would not make this suit unsustainable. mr. justice s. d. dave (retired) was required and appointed to mediate between the parties by the government. he was not to function as an arbitrator as required under the provisions of the arbitration & conciliation act and it is on record that ..... no arbitration agreement between the parties and none of the parties especially present plaintiffs are signatories of such agreement. there is no evidence on record to show prima facie that mediation or attempts to resolve the disputes were made by the parties who have requested mr. justice s. d.dave (retired) to help them to come out and to help them ..... by the appellants that as some arbitration proceedings i.e. proceedings in the nature of conciliation and endeavour to bring the dispute to an end with the help of a mediator were pending, the plaintiffs can not be granted any of the reliefs as prayed by them. the suit is likely to fail being filed pending the suit proceedings or for .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-10-2004
Reported in : AIR2005Raj112; 2005(2)ARBLR102(Raj); RLW2005(2)Raj946; 2005(2)WLC682
..... settlement and after receiving observations of the parties, the court may reformulate the terms of possible settlement and refer the same for arbitration, conciliation, judicial settlement including lok adalat or mediation, as the case may be. when the dispute is referred for arbitration or conciliation the provisions of the act of 1996 apply as if the proceedings were referred for settlement .....Tag this Judgment!
Court : Chennai
Decided on : Nov-29-2004
Reported in : 2005(2)ARBLR376(Madras); (2005)1MLJ111
..... respondents that the original undertaking given by the petitioner containing the terms of agreement entered into between the parties, viz., the petitioner and the respondents herein, is available with the mediator one m.loganathan, auditor, pollachi.14. clause 14 of the partnership deed, copy of which is marked as ex.p.18, relates to reference for arbitration in case of dispute ..... acres surrounding the factory has got site value and is worth more than a crore of rupees even in the year 1997. however, considering the relationship and as per the mediation, the respondents agreed to sell their share for rs. 56,25,000/- to the petitioner. the respondents 2 and 3 jointly issued notice to the petitioner and the first respondent ..... the petitioner was kept by shanmugam, advocate of pollachi, and the xerox copy was given to each of the partners. though shanmugam died, the original undertaking was with the other mediator m.loganathan, auditor, pollachi. the petitioner did not pay rs. 30 lakhs within 11.6.1998 as well the balance amount of rs. 26,25,000/- before 11.12.1998 ..... the second respondent in the counter admitting the formation of partnership in the year 1972 and denying the allegation of mismanagement of the firm by him. at the instance of mediators, it was agreed on 12.12.1997 that the value of the business together with factory, building, etc. was fixed at rs. 75 lakhs out of which, deducting the petitioner .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-23-2004
Reported in : 2004(171)ELT455(Cal)
..... is decided by it, and fair justice delivery system never demands the judge will sit for judgment of his own cause or is expected to sit on judgment and/or mediation of its own cause. factually, it was not so here. the power and duties under the provision for settlement of cases is to adjudicate ..... , mediate, and while doing so, to bring about a settlement in accordance with law so that the dispute in relation to any case mentioned therein is settled once for all, without .....Tag this Judgment!