Court : Allahabad
Decided on : Nov-20-2007
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
Decided on : Jan-25-2007
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 : Supreme Court of India
Decided on : Mar-16-2007
Reported in : AIR2007SC2528; JT2007(4)SC356; 2007(4)SCALE431; 2007(1)LC398(SC); (2007)2Crimes389(SC); 2007AIRSCW4507
..... the said advice, while the deceased stated that it is proper to abide by the advice of the elders. since the mediation failed, both the parties left the place. subsequently, pws 1 to 5 and the deceased together joined at bhaskar's tea stall for discussion about the ..... spreading rumours that pw-6 was having illicit intimacy with one painter.5. on 21.10.1997 at about 3.30 p.m. a mediation was held at the shop of a-1 in the presence of mediators pw-9 and one mekala ramaiah. both the elders advised the parties to settle the dispute amicably. however, a-1 did not listen to ..... mediation. then the deceased told them that he had to talk to one gas dealer near sivalayam and he started to go to that place. pws 1 to 5 accompanied him. .....Tag this Judgment!
Court : Delhi
Decided on : Aug-06-2007
Reported in : AIR2007Delhi284; 2007(97)DRJ541; (2008)149PLR38
..... concept is not a negotiated settlement, but a neutral assessment.12. in view of the aforesaid, i deem it appropriate that such neutral evaluation should take place by the two mediators evaluators appointed aforesaid, now acting as neutral evaluators in terms of what has been explained here in above and the result-of success or failure be communicated to this court ..... the same with the parties jointly or in caucuses, so that the parties are aware of the independent evaluation of the merits of their case. ene is, thus, distinct from-mediation being explicitly evaluative in nature and normally requires the expertise in the subject matter. it also focuses on procedure of law as opposed to interest of parties and it is ..... settlement is possible the matter is referred back to the court without disclosing the reason for the failure of the process of ene. thus, the confidentiality and the principles of mediation are equally applicable to such ene.7. the aforesaid feature would show that such ene is one of the choices in the adr multi option programme. it has the same ..... parties suggest that another effort should be made to resolve the disputes amicably by alternative dispute resolution mechanism. learned counsel for the parties suggest that instead of the process of mediation, an endeavor be made through the process of early neutral evaluation (ene)'.3. in order to appreciate this contention, it is necessary to examine this methodology of ene. ene is .....Tag this Judgment!
Court : Delhi
Decided on : Feb-06-2007
Reported in : 2007(1)ARBLR298(Delhi); 2007(94)DRJ155
..... , the dispute shall, upon a request to the secretary by any of the disputants, either be resolved by mediation or settled by arbitration.section 2 date for mediation or arbitration. in the event of mediation or arbitration, the board shall set a date for the mediation or arbitration, in consultation with disputants, to be held within twenty-one (21) days after receipt of the ..... request for mediation or arbitration.12. respondents claim that the disputes sought to be raised are primarily to challenge the decisions of the board of rotary club of delhi and such a dispute .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-27-2007
Reported in : 2008(2)ALT585
..... , may not have knowledge whether their father made the endorsements of payments on the suit promissory note or not and the appellants, having taken a plea that there was a mediation and that in that mediation the respondent admitted that the suit promissory note was barred by time, did not adduce any evidence to show that there was a ..... mediation and that the respondent admitted that the suit promissory note was barred by time. so, it has to be presumed that the mediation set up by the appellants is a myth, and the plea of forgery of the endorsements of payments on .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-07-2007
Reported in : AIR2008AP55; 2008(2)ALD624; 2008(3)ALT144
..... no.2 among yours client before mediators, and to his knowledge, after canceling the agreement of sale, my client mortgaged the land belongs to his wife and borrowed the amount at higher interest and discharged the instalment ..... time to my client to enable him to pay the loan to no.1 among you. my client is in no alternative cancelled the agreement of sale before the said mediators and also informed before them to no.2 among your client that he will borrow money on mortgage of the schedule land to discharge his loan. subsequently after information to ..... having paid an advance of rs.3,000/-, the appellant did not pay any amount, in spite of repeated demands. it was alleged that the matter was taken before the mediators in september 1982, and though the appellant undertook to pay the balance amount within 15 days, he did not make any payment. respondent has also stated that he was compelled ..... refused to receive the same. in his reply marked as ex.a-3, the respondent stated as under:4) at the mediation, the mediators fixed further time of 15 days for payment of the balance of consideration from the date of mediation convincing my client no.2 among your clients expressed his inability to pay the balance of sale consideration within the said .....Tag this Judgment!
Court : Chennai
Decided on : Feb-21-2007
Reported in : II(2007)DMC187
..... 13.7.2006, at the request of the parties, the matter was referred to the tamil nadu mediation and conciliation centre. however, the same was returned back by the tamil nadu mediation and conciliation centre, noting the fact that the respondent was not interested in the mediation, nor did he attend any session. the papers were returned back to the court by its .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-10-2007
Reported in : 2008CriLJ1162
..... till then the protection be given to the revisionists.5. it is further contended that the dispute in between both the parties can be decided by resorting the conciliation and mediation and till then the protection be also given to the revisionists.6. on the other hand, learned a.g.a. has urged that the revision is not maintainable against the ..... the larger bench.13. so far as the third question is concerned, the matter may be referred by resorting the proceedings of reconciliation and mediation. therefore, the record of the case be put up before the registrar, reconciliation/mediation center, high court, allahabad who will issue notice to both the parties fixing a date to personally appear before him and will then .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-17-2007
Reported in : 2008(2)AWC1342
..... of the arbitration act. it is, therefore, not required to be made a rule of the court. it is simplicitor, a settlement arrived at by the mediators, namely, the elders of the village. under no circumstances, it can be treated to be an award. the evidence and the settlement indicates that no new ..... of the plaintiff is read as a whole it will lead to an irresistible conclusion that the existing dispute with regard to the sehan was resolved through mediation in the year 1960 and that the settlement was duly implemented. the statement of the plaintiff, in my opinion, could not lead to a conclusion ..... defendants.15. from a perusal of the evidence it is clear that the plaintiff and his witnesses has proved the existence of the earlier dispute, the mediation done by the elders of the village, the settlement of the dispute and the implementation of the settlement. the said witnesses had also proved that the ..... no. 1 had signed the document in his presence. p.w. 2, fida hussain also deposed and submitted that he was also one of the mediators and proved the existence of the dispute, the settlement that was arrived at between the parties and the implementation of the settlement. the said witness has ..... plaintiff and the defendant no. 1 with regard to the sehan and the passage in question which was resolved and the matter was settled through the mediation of the elders of the village and a written document was executed in the year 1960, whereby the sehan was divided into two equal portions by .....Tag this Judgment!