Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Settlement arrived at between parties in Mediation proceedings - Parties entitled for decree of divorce on payment of permanent alimony by husband to wife as settled between parties - Since entire amount of permanent alimony is paid by husband to wife, marriage between parties dissolved by..........
Civil Procedure Code, 1908, Section 89 -- Mediation - Mediator not at par with Lok Adalat...........
Civil Procedure Code, 1908, Section 89 -- Mediation - Suit for specific performance - Civil Court by referring matter to Mediator had not sent matter for judicial settlement - S.89(2)(d) CPC thus, would apply - However, it is not the claim of plaintiff that after talks were declared successful by mediator, any further action was taken by plaintiff before civil Court -..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Suit for specific performance - Matter referred to Mediation - Petition u/art 227 of Constitution filed to find out whether order passed by Executing Court dismissing execution petition is in accordance with law or not - Nothing on record to show that after mediation proceedings were declared successful,..........
Mediation -- Parties are to explore the possibility of an overall amicable settlement including the disputes which are not subject matter of proceedings before Court...........
Mediation -- Order in terms of settlement agreement - Order is executable irrespective of fact whether Settlement Agreement is with respect to the properties which was/were not the subject matter of the proceedings before the Court - Order passed by Court in terms of Settlement is binding on the parties and is required to be acted upon and/or complied with and the same is..........
Mediation -- Parties to try for amicable settlement - Settlement arrived at is reduced into writing and/or a Settlement Agreement - Thereafter it becomes part of Court's order and Court disposes of the matter in terms of Settlement Agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Opportunity to cross-examine wife - Leaving a wife uncross-examined is likely to result in creating obstacle in correctly appreciating evidence - Liability of delay cannot be laid squarely on shoulders of husband, as there have been many dates on which even wife did not appear in the Court - Since matter..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Prior enmity between parties - There were exchange of words prior to occurrence - Blunt side of axe used when deceased was lying facing upwards and injury was caused below on legs only - Informant admittedly took more than one hour to shift injured to hospital and deceased died due to haemorrhage -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal from settlement arrived at through mediation - Court and parties acted upon the settlement - One of the parties cannot be permitted to unilaterally withdraw from the same...........