three contracts were settled and the
third settlement contract was in substitution of the three contracts;
and, after its execution, all the earlier contracts were ... closed contract", "new contract" indicating intention of the
parties to abandon the previous original contract. The MOU further
records that
MoU. In short, the MoU provided for
60 days time for the parties to complete performance of their respective
contractual obligations.
● After signing the MoU ... commits breach of contract leading to termination of the
contract, then forfeiture of advance as provided in Clause 11 of the MoU
gets enabled
MoU. In short, the MoU provided for
60 days time for the parties to complete performance of their respective
contractual obligations.
● After signing the MoU ... commits breach of contract leading to termination of the
contract, then forfeiture of advance as provided in Clause 11 of the MoU
gets enabled
period contract remained suspended, were made part of the Supplementary MoU. The Supplementary MoU stipulated that the appellant would complete the project at the original ... contained in the MoU, GCC and Supplementary MoU as well as the communication exchanged between the parties during the period contract remained suspended
Indian Contract Act, 1872. It is submitted that law
cannot enforce a contingent contract thereby, the said MOU is not void, and
it confers right ... title with regard to the execution
of the MOU. The said MOU, therefore, is a contingent contract under
Sections 31 and 32 of the Indian
that in the absence of any clause in the
contract, MoU not to be treated as determinable in nature
which may attract Section ... clause pertaining to
termination of contract and a contract which is bilaterally
executed cannot be rescinded unless the contract itself provides
for the same upon
such other person claiming under the party to the original
contract / the said MoU i.e. Defendant No.1/Defendant No.2 by a
title ... person against whom specific
performance of a contract / the said MoU may be enforced'.
Further, the Defendant No.3 cannot be considered
suit is for the enforcement of the contract
and the contract is of construction pertaining to the
immovable property being exclusive used ... under the MOU. By no stretch of
imagination, the MOU dated 26.12.2009 can be said to be a
simple 'construction contract'. Since interest
suit is for the enforcement of the contract
and the contract is of construction pertaining to the
immovable property being exclusive used ... under the MOU. By no stretch of
imagination, the MOU dated 26.12.2009 can be said to be a
simple 'construction contract'. Since interest
debt is a fresh contract by itself and the earlier contract viz., the MOU dated
18.05.2006 (Ex.C1) is superseded by the promise ... Indian Contract Act gets attracted, it
amounts to a fresh contract which has superseded the earlier contract viz.,
the MOU dated
