Court : Chennai
Decided on : Nov-02-2011
..... the detenu had appeared before this court and stated that he was not under the illegal detention of the 5th respondent nor he wanted to go with the petitioner. the mediation, referred by this court, was also failed and in the meanwhile, the detenu has filed a petition in h.m.o.p.36 of 2011, before the learned subordinate judge ..... appeared before this court and he did not want to go with the petitioner and as it was an act concerning humanity, the matter was referred to mediation by this court and unfortunately, the mediation was failed.16.it is also made known to the court that a h.m.o.p. was filed by the detenu against the petitioner, seeking for ..... the detenu and found that the detenu was not willing to go with the petitioner and therefore, there was a referral by this court, to mediation and conciliation centre, to compromise between the petitioner and detenu. the mediation referred by this court was not successful. at this stage, the case has been again posted before us and we heard further arguments of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-14-2011
..... about private compromises of hundreds of cases. i lost nothing thereby-not even money, certainly not my soul."in our opinion, the lawyers should advise their clients to try for mediation for resolving the disputes, especially where relationships, like family relationships, business relationships, are involved, otherwise, the litigation drags on for years and decades often ruining both the parties.5. hence ..... 1. heard learned counsel for the appearing parties. this is a dispute between brothers. in our opinion, an effort should be made to resolve the dispute between the parties by mediation.2. in this connection, we would like to quote the following passages from mahatma gandhi's book 'my experiments with truth' :-"i saw that the facts of dada abdulla's ..... , the lawyers as well as litigants should follow mahatma gandhi's advice in the matter and try for arbitration/mediation. this is also the purpose of section 89 of the code of civil procedure. let the matter be referred to the bangalore .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-30-2011
Reported in : 2012(3)KLT49(SN)(C.No.50)
..... offences under section 498 a ipc where immediate arrests may not be necessary, for laying down the appropriate criteria in this regard, and for sending the matters for mediation before the mediation cells in the civil courts, in accordance with the aforesaid directions of this court. the principal secretary, (finance), u.p. may apprise the court as to ..... legal services authorities to submit their compliance reports (through the district judges) for getting the aforementioned minor matters relating to offences under section 498 a ipc settled through mediation and the difficulties they encounter or forsee in complying with the directions of this court by the next listing. the state government is also directed to submit its ..... received considerable feedback from subordinate judicial authorities that unless the offence under section 498-a ipc is made compoundable, much benefit cannot be derived by trying to bring about mediation between the parties. a dilemma then arises before the concerned court, (which cannot close the trial because the spouses have compromised their dispute) or even before the aggrieved ..... l.r and tanuja srivastava, i.g.( public grievances), ms. g. sridevi, secretary, u.p. state legal services authority, sri ashok mehta, organising secretary, allahabad high court, mediation and conciliation centre, sri pankaj naqvi, sister sheeba jose advocates on behalf of the intervenor 'sahyog,' sri d.r. chaudhary, learned government advocate and sri bimlendu tripathi, learned a.g .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Apr-13-2011
..... issue inasmuch as interconnection rates having been fixed thereby, the same could not have been modified and/or altered by reason of any settlement between the parties arrived at by mediation or otherwise. 2. fixation of interconnection charges including adc, being a statutory function of the regulator, only because an issue had been raised by the private operators in ..... trai on or about 19.8.1998 to dot and cellular operators to finalize and sign the interconnection agreement in accordance with the direction contained therein. in the said mediation proceedings, the parties thereto were also heard on the various interconnection issues which arose for discussions. it was noticed that the issues relating to interconnection between the two sides ..... issue of this determination, the mediation process initiated by trai for signing of an interconnection agreement comes to an end. 11. the trai, in the aforementioned order, noticed the conditions of licence vis- -vis the ..... reference), the authority was to deliberate on the six major issues and issue appropriate determination. accordingly, authoritys determination on these issues is enclosed. all 18 issues identified during mediation process have been sorted out. it is, therefore, expected that an interconnection agreement between cmsps and dot (now bsnl) will now be signed at the earliest. with the .....Tag this Judgment!
Court : Chennai
Decided on : Jul-27-2011
..... them, she started accusing the defendant of being a bad husband (not a bad father). even in the temporary truce that was brought forth through mediation, the plaintiff was not prepared to sacrifice her career prospects. but during the period of temporary truce, the defendant expressed his willingness to make any ..... paragraph. of particular importance is paragraph 21 of the mail dated 18-5-2010. here, the defendant states that 21. as part of the mediation brokered, it comes at a tremendous cost to me personally because it totally does not consider my career concerns and ambitions with me having a very ..... to india with the child. this mail also discloses that attempts were made by the plaintiff's sister and brother-in-law to arrive at a mediated settlement. the points that the defendant wanted to be part of any amicable settlement, were indicated by him in the said mail. portions of this ..... sake gave up everything he painfully assembled, just to spare her of any ordeal. 22. any conflict at this stage should be resolved through negotiations/mediation and if that should fail, then take legal recourse with the court of jurisdiction being the us courts, especially the one with the natural jurisdiction, ..... to india with the child. this mail also discloses that attempts were made by the plaintiff's sister and brother-in-law to arrive at a mediated settlement. the points that the defendant wanted to be part of any amicable settlement, were indicated by him in the said mail, some of which .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-14-2011
..... on between the parties for amicable settlement of the claims made by the applicant and the respondents upto february, 2009 and the last meeting of the mediation committee was held on 2.2.2009 at bangalore. though the applicant was expecting amicable resolution of all the pending issues in the next meeting that ..... the parties with regard to the place of meeting. ultimately, the meeting of the mediation committee was held at bangalore on 02.02.2009 and the claims of both the parties were discussed. according to the applicant, certain decisions were taken ..... parties agree that they shall use all reasonable efforts to resolve between themselves any disputes through amicable negotiations, such attempt shall take the form of a mediation by a committee comprising of the chairman of uem and madhucon to be held within seven (7) business days of the date of notice of dispute ..... the respondent by letter dated 12.2.2008 contended that clause 18.2.3 had to be invoked for a meeting of the mediation committee. though the forum of mediation as per clause 18.2.3 was accepted for discussing the claims of both parties, it appears that there was no consensus between ..... on the other party. thereafter all reasonable efforts shall be made by both the parties to resolve the disputes between themselves through mediation by a committee comprising of the chairman of the respondent and the applicant. in case the dispute could not be settled through such .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jul-27-2011
..... ethos based on religion". he also relied upon the terms of the arbitration clause itself and the engagement by both sides of members of the ismaili community to perform mediation and conciliation services from 1988 until 1994. 68. in my opinion the judge was justified in concluding that the requirement of an ismaili arbitrator can be regarded as a ..... governance in the ismaili communities throughout the world. it was also felt that the system should be such that the first submission of an issue to an arbitrational or mediational body should ensure the highest degree of proficiency, probity and fairness so that the number of cases which go for appeal would be minimal and that the process ..... khan which included the following: "under the constitution, the imam has also established national and international conciliation and arbitration boards to encourage amicable resolution of conflicts through impartial conciliation, mediation and arbitration, a service which is being increasingly used, in some countries, even by non-ismailis. in fulfilling the mandate to sustain social, economic, cultural and civil society ..... . 82. many english as well as other lawyers believe in, are trained in and are familiar with techniques for the amicable resolution of disputes, including conciliation, mediation and arbitration. the value of alternative dispute resolution, particularly mediation, is also recognised at the european legal level (see eg directive 2008/52/ec of 21 may 2008 on certain aspects of .....Tag this Judgment!
Court : Delhi
Decided on : Nov-08-2011
..... purpose that he could get his visa extended. the learned trial court while permitting the petitioner kapil sethi to withdraw the application permitted the parties to approach the mediator for mediation at any of the mediation centre of their choice. the custody of the passport was however, directed to be taken by the investigating officer after one week vide order dated 13th june ..... for the first time appeared before the court on 2nd june, 2011 and though he stated that he would like to settle the matter but he did not approach any mediation centre for settlement. he has never made efforts to settle the matter with the complainant. thus, there is merit in the contention of the complainant komal sethi that the previous ..... dowry and the sthreedhan articles of the complainant. kapil sethi though took interim protection on the ground that he would like to settle the matter however, he never approached the mediation centre for settlement and thus his past conduct during the proceedings has been evasive and there is every possibility that after going back to usa, he will not come back ..... , the learned additional sessions judge directed the petitioners to appear in person on 2 nd june, 2011. though the petitioner kapil sethi offered that he would like to resolve through mediation however, it appears that no efforts were made by him to resolve the disputes. in fact, it was the grievance of the complainant komal sethi before the learned additional sessions .....Tag this Judgment!
Court : Kerala
Decided on : Aug-24-2011
..... mediation to kerala mediation centre at high - court of kerala. appeal was returned by kerala mediation center reporting that parties did not appear as directed by this court. learned senior counsel submitted that appellants did not appear as they were not willing ..... to the east of the property of appellants 5 and 1 and as this aspect was not raised or considered by the courts below, if the appeal is sent for mediation, settlement of the dispute is possible. on the said submission as per order dated 8/7/2011, the appeal was sent for ..... portion of the property. still, an opportunity was granted to enable the appellants to get the way shifted if agreeable. but they did not even appear before the high court mediation centre and did not avail the opportunity. in such circumstances, appeal can only be dismissed. appeal is dismissed. .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-2011
..... gave rs.3000/-, two currency notes of rs.1000/- denomination and two currency notes of rs.500/- denomination. the numbers of the said notes were noted down in the first mediation report ex.p4. thereafter, pw.4 demonstrated the phenolphthalein test and also explained the significance of the test to pw.2 and the other witnesses pw.3 rengaraj and jagadesh ..... marked as 'b', which is mo.2. one of the independent witnesses, jagadesh prasad compared the numbers of the currency notes with that of the numbers entered in the first mediation report ex.p4, which tallied. then, the accused was provided with a lungi and he handed over his pant to the officers, which was also subjected to phenolphthalein test and ..... for sealing the mos in a separate white sheet, which was marked as ex.p10. the entire happenings at the insurance company at saligaramam were recorded in ex.p5 second mediation report, which was concluded at 9.45 p.m. f. after the accused was remanded to judicial custody, the case was handed over to kumaresan, inspector of police, cbi, chennai ..... . at this juncture, it is also relevant to point out to the material contradiction and the serious infirmity in the evidence of pw.2 regarding preparation of ex.p5 second mediation report (recovery mahazar). it is the evidence of pw.2 that ex.p5 was signed by him and the other witnesses only in the office of cbi. he is categoric .....Tag this Judgment!