Court : Mumbai
Decided on : Sep-04-2015
..... brought before the counselors also to be consulted so that the two sides could end their disputes in an amicable solution. this service is what is popularly called mediation ?. the mediator creates options for settlement between the disputant parties. the various options would essentially end the domestic violence. it would prevent the woman from further violence and protect ..... of any service provider provided thereunder including ngos, counselors or the police may be counselled with regard to the course of action which she can take including joint counselling /mediation with her spouse / husband or her family members / in-laws subject to the following directions / guidelines: (a) a violated woman must be informed about her right ..... good practices published by un women. the article on domestic violence and its implementation ? considers the cedaw perspective in asian countries which bear references to pre-litigation / mediation and counselling. the general recommendation no. 99 of the cedaw committee inter alia requires protection measures, including refuge, counselling rehabilitation action and support services for women who are ..... development of the government of maharashtra issued a circular on 24th july, 2014 regarding one of the aspects contained in the suggestions of the petitioner viz., counselling / mediation under the dv act. 3. whereas the suggestion of the petitioner was that there is a provision of appointment of counselors whose primary duty is preventing the recurrence .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-28-2015
..... another, viii (2014) slt 707=iv (2014) bc 392 (sc)=(civil appeal no. 8614/2014, date of judgment 10th september, 2014). 7. as per the mediator report and the record of the trial court, it appears that the applicant had deposited the fine amount. hence, the trial court is hereby directed to refund the fine ..... 138 of the act. the applicant is discharged from the bail and bail bonds. 6. as the matter between the parties is settled through the process of mediation, this court waives the applicant from payment of compounding cost as specified in the guidelines 1(c) laid down in the case of damodar s prabhu v ..... the act, the offence under section 138 of the act is compoundable. since the dispute between the parties had been settled though the process of mediation, this court accepts the mediation report. on the basis of it, the impugned judgment dated 23.1.2008 is hereby set aside and the applicant is acquitted of the ..... the case be settled as per the report of the mediator. 5. in the case of kaushalya devi v. roop kishore, i (2012) bc 466 (sc)=i (2012) ccr 67 (sc)=ix (2011) slt 664=2011 ..... rs. 15,000/- from the applicant. further according to report, the applicant paid the aforesaid amount in cash to the respondent at the time of mediation process itself. the mediator in his report recommends the closure of the revision. 4. on 5.1.2015, the learned counsel for the parties stated at the bar that .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-28-2015
..... chief officer with the respondents in the petitions provides for illegal allotment founded upon ultra vires and illegal act of the chief officer. ?? 7. sequentially the compromise petition filed in mediation, following which o.s. 14/2009 was decreed in terms thereof, is perpetuating an illegality, hence the compromise decree being an illegal decree cannot be legalized. the chief officer, tmc ..... and the petitioner-town municipal counsel, arraigned as defendant, on terms and conditions mentioned therein. in that suit, parties having reduced the terms of compromise into -writing, placed it in mediation, which, when accepted the suit was allowed by judgment and decree dated 25.11.2011; b) thereafterwards, respondents 1 to 17 in w.p. 26755/2012 filed execution petition 15 .....Tag this Judgment!
Court : Kerala
Decided on : Oct-26-2015
..... virtue of the said rules, a party to the memorandum of settlement agreement is disabled from leading the evidence to prove what transpired in the mediation; that the mediator is also not liable for anything bona fide done or omitted to be done and that rule 24 of the adr rules is a self contained ..... is based on the rule and any interpretation placed on the rule will necessarily apply to the circular as well. the circular issued by the kerala state mediation and conciliation centre does not bind us and cannot be relied on to decide whether rule 24 is mandatory or directory. we therefore, find no merit ..... 24 is mandatory. though the learned counsel appearing for the petitioner invited our attention to a circular dated 08.06.2015 issued by the kerala state mediation and conciliation centre to the effect that the stipulation in rule 24 of the adr rules read with rule 27 of the civil rules of practice, ..... that the parties themselves affix their signature. the intention behind the stipulation in rule 24 to the effect that the signatures of the parties to the mediation settlement agreement shall be attested by their respective counsel or by any of the authorities mentioned in rule 27 of the civil rules of practice, kerala ..... . that application was allowed by order passed on 8.11.2013. on the same day, the rent control court directed both parties to be present for mediation on 23.11.2013. since there was no sitting on 23.11.2013, the rent control petition was adjourned to 09.12.2013. on 09.12. .....Tag this Judgment!
Court : Kerala
Decided on : Jun-09-2015
..... dws 1 and 2 could not state any valid reason for not completing the sale in terms of the decision alleged to have been taken in the mediation. the evidence on record clearly establishes that the appellant/defendant has not performed its part of the contract within a reasonable period. therefore, the findings r. ..... willingness to pay the balance sale consideration of 3,00,000/- in terms of ext.a2 sale agreement. though the appellant/defendant would contend that in the mediation held in august, 2004 it was decided to reduce the balance sale consideration to 70,000/-, there is no reliable evidence to substantiate the same. further, ..... not completing the sale of the property in terms of the decision alleged to have been taken in the mediation. on 3.7.2007, the respondent/plaintiff caused ext.a3 lawyer notice to be issued, demanding vacant possession of the plaint schedule property on the ground ..... by paying the balance sale consideration of 3,00,000/-. on the other hand, dws 1 and 2 would state that, it was decided in the mediation to reduce the balance sale consideration from 3,00,000/- to 70,000/- only. but, dws 1 and 2 could not state any valid reasons for ..... this regard for other matters of transfer is false. no such thing has ever happened other than ext.a2 agreement dated 27.9.2001 and the mediation held in august, 2004 in the presence of vicar general of coimbatore diocese relates only on the reluctance of the defendant to pay the balance sale .....Tag this Judgment!
Court : Kerala
Decided on : Sep-28-2015
..... and to take back the decree already issued for making necessary corrections. before the above orders are passed, if the parties are willing for a mediation with respect to the satisfaction of all or any of the reliefs granted, parties may be given an opportunity to resolve or to give effect ..... having regard to realities, which may even help to heal the wounds, if any, caused in the process of litigation. hence the doors of the mediation should be kept open, till decree is finally satisfied or becomes non executable, subject to above condition. in the light of above findings, the impugned order ..... to be adopted. the hon'ble supreme court in afcons case had laid down the appropriate stage at which the matter is to be referred for mediation. it was held that in civil suits, the appropriate stage would be after completion of pleadings. however, if for any reason, the court had missed ..... decree scenario, is not barred. section 89 c.p.c. empowers court to adopt the alternate despite resolution mechanism at any stage and does not prohibit a mediation post decree, and even at execution stage. neither section 89 nor the afcons infrastructure ltd. vs. cherian varkey construction co. (p) ltd ((2010) 8 ..... it may become a tool for protracting the trial. drawing cue from the above, it is evident that even at a subsequent stage, scope of mediation is not completely barred, though, as the litigation proceeds forward, the scope for adr process should taper off. conceptually, at a post decree stage, .....Tag this Judgment!
Court : Chennai
Decided on : Jun-19-2015
..... of this compromise. 3) both parties have agreed to dispose the appeals as per the terms and conditions of the above said memorandum of understanding dated 10.06.2015.?.2. mediation centre has already reported that both the parties and the respective counsel to the appeal have duly signed the memorandum of compromise entered into between the parties, which is reproduced ..... .8. in the event of default of any of the terms and conditions of this final compromise memorandum of understanding by any of the party herein, the mediator shall resolve the issue amicably by further mediation. in witness thereof the parties have set hand and signed this memorandum of understanding on the date, month and year as mentioned.?.3. in the light ..... the same is admitted and pending. at the time of admitting the above c.m.a. the hon'ble high court referred the dispute for resolving the issue before the mediation and conciliation centre, high court, madurai. whereas the party of the first part and party of the second part submit before the ..... mediation and conciliation centre, that after several rounds of discussions the parties have mutually arrived at consensus. based on such consensus, the parties have agreed to a full and final settlement .....Tag this Judgment!
Court : Kerala
Decided on : Oct-12-2015
..... , therefore, do not see any requirement for this court to interfere with the selection process on this question. 17. before parting, we may also indicate that once the terms of mediation settlement came to be in operation, the guarantee to the pilgrims, believers, worshippers and the faithful followers is that the selection process once carried through the system of the terms ..... that four persons are grouped as a lot; the president, the member, the remaining member and the commissioner of tdb. if it was the intention of the parties to the mediation settlement that tdb as a unit itself would be in the selection body along with its commissioner, we do not expect that this would have been the mode of expression ..... melsanthies of sabarimala sannidhanam and malikappuram temples. at that point of time, that was one of the seriously contested issues and that was the only issue that was put for mediation. the terms of that settlement read as follows:- terms of settlement 1) the composition of the selection committee (for interviewing and awarding marks for selecting melsanti for both sabarimala and ..... so because, in terms of section 89 of the code of civil procedure and other enlightening provisions relating to the alternative disputes resolution mechanisms, including mediation, the prime concern is to visualise and act upon a mediation settlement by treating it as if it is a compromise, the terms of which will have to be understood and applied in the backdrop of .....Tag this Judgment!
Court : Kerala
Decided on : Mar-06-2015
..... entered into between the parties, this appeal is disposed of modifying the impugned judgment and decree in terms of the agreement contained in the memorandum of mediation settlement agreement dated 26.2.2015 and directing the appellant/defendant to execute a sale deed in favour of the respondent/plaintiff in terms of para.1 ..... no.519/14 -:5:- the respondent/plaintiff shall be entitled to get the same executed through court. in view of the settlement of disputes through mediation, it is ordered that the appellant shall be refunded the whole court fee paid on the memorandum of appeal in this case. a copy of the memorandum ..... 2008 verified and signed by both the parties and attested by their respective counsel is forwarded to this court along with a report of the mediator dated 28.2.2015, for recording such compromise and to dispose of this appeal in terms of the said compromise.5. going by the ..... thereafter, by order dated 16.2.2015, both parties were directed to be present rfa.no.519/14 -:3:- before the nodal officer, ernakulam mediation centre, at 11 am on 18.2.2015 for mediation talks and to reduce the terms of agreement to writing.4. now the parties have settled the dispute in ..... mediation and the terms and conditions of the settlement reduced to writing in the form of a memorandum of mediation settlement agreement dated 26.2.2015, under section 89 of the code of civil procedure, 1908 read .....Tag this Judgment!
Court : Delhi
Decided on : Mar-23-2015
..... by them. the details of such conditions are as under:(i) the petitioners shall deposit rs.20,000/- each with the delhi high court mediation and conciliation centre within four weeks from today. the original receipts of depositing the cost shall be filed by the petitioners in the registry within ..... of such a crime. i am of the considered opinion that since the complainant has settled the matter on terms with the petitioners before the mediation centre, dwarka courts, new delhi, on 09.10.2014, and also received adequate compensation from the petitioners, and where the complainant is no ..... 09.10.2014.5. counsel for the petitioner has also drawn my attention to paragraph 5 to 11 of the aforesaid settlement before the mediation centre on 09.10.2014 to demonstrate that the settlement is a comprehensive one that has been arrived at between the complainant and all the ..... of the settlement are mentioned in the mediation report. copy of the same is placed on the record which has been duly signed by all the accused including the petitioners and the complainant gangotri ..... the matter was listed for trial. during the trial, on the request of both the parties, the learned trial court referred the matter before the mediation centre, dwarka courts, new delhi where, after discussion, the disputes between the parties were amicably settled on 9th october, 2014. the terms and conditions .....Tag this Judgment!