Court : Supreme Court of India
Decided on : Nov-03-2004
Reported in : AIR2005SC203; 2005(1)ALD(Cri)65; 2004(3)BLJR2373; 2005(2)MhLj147; 2005(I)OLR(SC)181; RLW2005(2)SC165; 2004(9)SCALE278; (2005)1SCC88; 2005(1)LC179(SC)
..... following:'...consent supposes three things--a physical power, a mental power and a free and serious use of them. hence it is that if consent be obtained by intimidation, force, mediated imposition, circumvention, surprise or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind.'23. in words & phrases--permanent .....Tag this Judgment!
Court : Delhi
Decided on : Sep-24-2004
Reported in : 2004(3)ARBLR209(Delhi); 114(2004)DLT471; 2004(77)DRJ579
..... to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution to the formal mechanism which may include, but are not restricted to, conciliation mediated by a third party, adjudication in an agreed national or international forum, and/ or international arbitration. the precise mechanism shall be specified in the special conditions of contract.'' (c ) clause .....Tag this Judgment!
Court : Delhi
Decided on : Jul-14-2004
Reported in : 126CompCas786(Delhi)
..... the agreement by the petitioner-company. in this respect, i am not taking into account the letter dated february 23, 1998, cited by the petitioner which was issued by a mediator between the parties as it was private correspondence and was termed as personal and confidential.'6. learned counsel for the respondent on the other hand, argued that this petition was .....Tag this Judgment!
Court : Kerala
Decided on : Feb-23-2004
Reported in : II(2004)BC566; 128CompCas1003(Ker); 2004CriLJ2220; 2004(1)KLT1079; 53SCL199(Ker)
..... denied the offence. thereupon, the prosecution examined pws.1 to 5 and proved exts. p1 to p12. pw1 is the complainant. pw2 was the mayor of calicut who tried to mediate the disputes between the parties and effect a settlement. pws.3 to 5 are managers/employees of the banks. the accused admitted that he had signed ext. cheque and had .....Tag this Judgment!
Court : Kerala
Decided on : Feb-27-2004
Reported in : AIR2004Ker338
..... 'vyavastha' for the discharge his son's debt in favour of the petitioners. the said vyavastha is drafted in the form of a karar, in lay-man's language. the mediators who intervened the matter has also affixed their names and signatures. even after the execution of ext. p1, the third respondent has not offered any payment at all. hence the .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-15-2004
Reported in : 2004(2)ARBLR521(Gujarat); (2004)2GLR1728; 53SCL288(Guj)
..... regarding the facts or the law and the facts together. an agreement or arrangement by which, in consideration of mutual concessions, a controversy is terminated.see alternative dispute resolution; arbitration; mediation; settlement.' the concise law dictionary by p. ramanatha aiyar (1977 edition), emphatically defines 'compromise' as under :'compromise.--to adjust by mutual concession; to settle without resort to the law; to .....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 : Feb-16-2004
Reported in : 2004(3)CTC515; [2004(102)FLR491]; (2004)IIILLJ314Mad; (2004)3MLJ13
..... may make a complaint in writing in a prescribed manner,- (a) to such conciliation officer or board, and the conciliation officer or board shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and(b) to such arbitrator, labour court, tribunal or national tribunal and on receipt of such complaint, the arbitrator, labour court .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-19-2004
Reported in : III(2004)ACC238,(2004)2CALLT192(HC),2004(4)CHN487
..... , i find that concessions are granted to some class of people on the basis of decision taken by bus owners' association on the prayer of daily passengers' associations with the mediation of regional transport authority. the bus owners' association, for the purpose of securing their profits to some extent, some time agrees to grant concession to a particular class of passengers .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-12-2004
Reported in : 2004(4)CHN154
..... as to why the appellate court below found that gour chandra dhanki is lying deliberately, more so when the courts below accepted the position that gour chandra dhanki was the mediator and the defendants nos. 1 & 4 had no residence at the suit village. it also appears from the evidence (cross-examination) of abdul jabbar who says that he knows both .....Tag this Judgment!