Attorney General also relied heavily upon an
admission made under the mutual agreement procedure (MAP)
under Article 27 of the DTAA, in which ... Article 27
is also important and reads as under:
“ARTICLE 27 - Mutual agreement procedure –
22
1. Where a person considers that the actions
Contract--Arbitration clause-Cancellation of contract-
Settlement of disputes by mutual agreement-Arbitration
clause, if survives-Award based on such clause-Validity.
HEADNOTE:
The respondents ... well settled that the parties to
an original contract could by mutual agreement enter into a
new contract In substitution of the old one.
Payana
take action under s.
12(2) on September 3 if no mutual agreement was arrived at
between the appellant and the union. It seems that ... mutual
agreement was arrived at between the appellant and the union
without the assistance of the Labour Commissioner and it did
not receive his concurrence
months. It appears that the
date of commencement was extended by mutual agreement from
25.6.2011 to 25.3.2013. However, certain disputes arose
between the parties, more ... Senior Advocate
appearing on behalf of the appellant that though by mutual
agreement the commencement date was extended due to an
admitted fact of force
appointed day or till such period as is decided by
mutual agreement between the successor States:
(i) to continue such body as a joint body ... being in force, the Central
Government shall, in accordance with any mutual
agreement between the successor States or if there is no
such agreement, after
that
the distribution agreements constituted agreements 'of sale,
that the refrigerators moved from Faridabad to: Delhi in
pursuance of the agreements of sale ... distribution
agreements, nor did the agreements contain the price which
was to be charged for each refrigerator. According to the
agreement dated April
have jurisdiction to try a suit, can the parties
to an agreement mutually agree to exclude the
jurisdiction of one Court in preference ... have jurisdiction to entertain a Suit,
whether the parties may by mutual agreement exclude the
jurisdiction of one of the Courts, having regard
remained contractual one in consideration of
mutual promises. It could have been at that stage revoked by
mutual agreement or even by unilateral breach, giving ... contractual one made in
consideration of mutual promises. It can,
therefore, at this stage be revoked by mutual
agreement and even by unilateral breach, giving
unions of the employees was held on
21.01.2014, in which a Mutual Agreement was entered upon. A copy of the
said mutual agreement is Annexed ... Annexure 'A-I'.
5. That after the Mutual Agreement dated 21.01.2014, the Council
of Ministers, in its meeting held on 24.6.2014, has taken
nominated by the parties
they decided to adopt the method of mutual agreement to
settle those disputes. Such mutual agreement could not
64
be regarded ... India and the appellant) decided to adopt the
method of mutual agreement to settle those disputes-a method
which always remained open to them, notwithstanding
