parties were to be bound only on signing of a written contract/MOU.
According to Mr. Kodianthara, the plaintiffs cannot be permitted to
abandon their ... alleged antecedent contract based on emails, when infact, the prayer is for
declaring concluded contract on the basis of the unsigned MOU (Exhibit
Rehabilitation
Centre in the District Hospital, Nawada, Bihar pursuant to a
contract/MOU dated 19.07.2012 along with interest; and also for
Patna High Court CWJC ... 6254 of 2014 dt.19-01-2016 2
renewal of the contract/MOU on terms contained therein.
3. At the very outset, learned counsel
taxable in 2010-11 and not in the year in which
MOU (contract for Sale) i.e. /F.Y. 2005-06 relevant ... date of contract for sale assumes importance. According to the
revenue, the date of contract for sale is the date of MOU whereas, according
prove their case independently. It
was further contended that the MOU is a contingent contract as the title
deeds are in possession of the Defendant ... Trial Court had failed to appreciate that assuming
the MOU was a contract capable of being enforced, it was a contingent
contract and therefore
tenders for these
O&M contracts for offshore cranes and for other ONGC contracts.
GTOSI alleged the MoU to be illicit and illegal ... therefore, barely a month before the end of
the principal contract, with which the MoU was coterminus. There
was no question therefore
make any supply of fly ash on the Contracts/MOU's entered by respondents 5 to 9 with respondents 10 to 24, prior
could be observed, the appellant entered into
MoU with M/s Sai Surya Realtors & Developers for
certain activities/ services and paid a commission ... this
regard it is pertinent to mention here that the said
contract/MoU was implemented and the property
under reference was also registered, subsequent
contract under the contract Act from one party,
the other party was issued notice calling upon him to perform his
part of contract, failing which ... 2014
performed his part of contract under MOU, so Sec.138 of
Negotiable Instruments Act will not attract. In the presents
case
ruled that the evidence showed that even the MoU did not
amount to a binding contract, because it revealed no consensus ad idem with ... defendants at
the time of signing the MoU. It was contended that the binding nature of the
MoU was further reinforced by the fact that
MOU and thereby went
back on its commitment under the MOU 02.07.2008,
Roshni invoked arbitration against Thiess on
02.02.2012,seeking specific performance of the
MOU ... minority) in his
dissenting opinion held that the MOU itself
constituted a concluded and binding contract.
The said award was challenged by Roshni before