Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Reserved land under NLC s62 cannot be freely alienated or transferred via joint venture, as s62(4) voids such dealings absent s63 compliance; JV proposals on reserved sites risk nullity, with state vesting underscoring restrictions—no sources affirm permissive JVs with reserved site grantees (e.g., officers/public entities). ["KIRUBAKARAN T KARTHIGASU vs SETIAUSAHA NEGERI SELANGOR & ORS AND ANOTHER CASE - High Court"] ["YAP CHONG LAN vs GOVERNMENT OF THE STATE OF NEGERI SEMBILAN"] [](https://supremetoday.ai/doc/judgement/MYS_MARSDENLR_1984_162) ["HOTEL SENTRAL (JB) SDN BHD vs PENGARAH TANAH DAN GALIAN NEGERI JOHOR MALAYSIA & ORS - High Court"]
In Malaysia's dynamic real estate market, joint ventures (JVs) are popular for pooling resources in property development. But what happens when one party holds only a reservation of a site under Section 62 of the National Land Code 1965 (NLC)? Can such a party legally enter into a JV agreement? This question arises frequently for developers, investors, and landowners navigating reserved land complexities.
This post examines the legal landscape, drawing from key precedents and analogous cases. Note: This is general information based on available precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Can a party enter into a joint venture agreement with a party granted the reservation of a site under Section 62 of the National Land Code?
No direct precedent addresses Section 62 NLC in JV contexts. However, analytical insights from related cases on reserved land suggest significant hurdles. Reserved land, often gazetted for public purposes like cemeteries, falls under State Authority control, typically overriding private agreements. [
#JointVentureLaw #NLCMalaysia #ReservedLand
National Land Code (" National Land Code (" NLC ") provides that the entire property in all state land shall vest solely in the State Authority. Under s 42(1)(b) of the a href="./.. ... In this regard, it may be worth noting that the Society never informed the SSG that the Project was a commercial joint venture with a private entity, LGMP, to develop state reserve land.
It is the case of the plaintiff, that by Deed and Supplemental Agreement, which constitute the Joint Venture. ... 62. ... It is the case of the plaintiff, that the land therefore, post the Supplemental Agreement is an asset of the Joint Venture between the plaintiff and the defendant and by virtue of being a Member of this Joint Venture, the land was/stood created in favour of the #H....
It is the case of the plaintiff, that by Deed and Supplemental Agreement, which constitute the Joint Venture. ... 62. ... It is the case of the plaintiff, that the land therefore, post the Supplemental Agreement is an asset of the Joint Venture between the plaintiff and the defendant and by virtue of being a Member of this Joint Venture, the land was/stood created in favour of the #H....
v) Joint Venture Company would enter into a Fuel Supply Agreement with Raj West for supply of lignite for 30 years. ... The Implementation Agreement provided for awarding of contract for development, opening and extraction lignite from mines and transportation to power plant to Raj West or its consortium members on nomination basis by the Joint Venture Company and for which the Joint Venture Company had to enter i....
issued, subscribed and paid up equity share capital of such joint venture company. ... NTCL agreed to incorporate a joint venture company with KSL for revival of the said five mills. ... Section 62 of the Indian Contract Act defines novation as under: “62. ... , with NTC holding 51% of the issued, subscribed and paid up equity share capital of such joint venture company. ... Based on the bids submitted by various private parties, th....
Section 62 of the Indian Contract Act defines novation as under: "62. ... issued, subscribed and paid up equity share capital of such joint venture company. ... NTCL agreed to incorporate a joint venture company with KSL for revival of the said five mills. ... , with NTC holding 51% of the issued, subscribed and paid up equity share capital of such joint venture company. ... respondent National Textile Corporatio....
issued, subscribed and paid up equity share capital of such joint venture company. ... NTCL agreed to incorporate a joint venture company with KSL for revival of the said five mills. ... National Textile Corporation Ltd. ... , with NTC holding 51% of the issued, subscribed and paid up equity share capital of such joint venture company. ... Based on the bids submitted by various private parties, the Strategic Partner, has on October18, 2008 been declared as the success....
Accordingly, Pengarah Tanah dan Galian Negeri Johor, Malaysia is named as a party (the first Respondent), in order to ensure compliance with s 16 of the National Land Code 1965 ("NLC"). ... Section 5 of the National Land Code 1965 defines "reserved land" as follows: "reserved land" means land for the time being reserved for a public purpose in accordance with the provisions of s 62#H....
Learned Counsel for the plaintiffs argued that the alienation of the said four pieces of land was null and void, as being contrary to s. 62(4) of the National Land Code (the Code). ... Again in the affidavit of DW3, managing director of the 3rd defendant, made on 18 March 1983, he deposed that the proposed housing scheme at Ulu Temiang was a joint venture "with Yayasan Negeri Sembilan". ... Thus, Counsel's contention that the alienation of four pie....
Learned Counsel for the plaintiffs argued that the alienation of the said four pieces of land was null and void, as being contrary to s. 62(4) of the National Land Code (the Code). ... Again in the affidavit of DW3, managing director of the 3rd defendant, made on 18 March 1983, he deposed that the proposed housing scheme at Ulu Temiang was a joint venture "with Yayasan Negeri Sembilan". ... Thus, Counsel's contention that the alienation of four pie....
The agreement is not an agreement to enter into a Joint Venture Agreement should the Letter of Intent be issued. Thus we agree with the reasoning in the impugned orders that it is a case where the two partners had formed a Joint Venture. Thus, the bid security had to be in the name of the Joint Venture. The impugned order would show that the agreement in question has been treated to be a Joint Venture Agreement and not an agreement to enter into a Joint Venture in the future.
The bare reading of the eligibility of bidders provides that bidder could be a Joint Venture with a formal intent to enter into an agreement or under the existing agreement in the form of a Joint Venture.
“That the company reserves its right to enter upon the further collaboration, joint venture development agreement with any third parties or may assign the whole or part of the project to a third party at its sole discretion and without obtaining any approval or consent or intimation to allottee, however in such a case the obligation under this agreement shall be performed by such assignee and accordingly the company shall completely absolved from performing the obligation under the present agreement and same shall be responsibility of the such assignee.” It would thus be seen that ....
Malangtoli mining project, including four mining leases, was granted to Odisha Mining Corporation. Therefore, the petitioner and the Odisha Mining Corporation-opposite party no.3 entered into a Joint Venture Agreement on 24.02.1995, which contemplated incorporation of a joint venture company and transfer of leases to the joint venture company. Pursuant to such Joint Venture Agreement (JVA), a joint venture company Rio Tinto Orissa Mining Private Limited-opposite party no.5 was incorporated. The petitioner and opposite party no.3 held 51% and 49% shares respectively in oppos....
A second agreement was entered into on the same day as the first agreement that provided for disputes between the shareholders of the joint venture company to be resolved amicably and, failing such resolution, for them to be referred to arbitration under the London Court of International Arbitration. The Indian party to the joint venture agreement commenced a reference and an award was passed directing the American party to the joint venture agreement to transfer its shares in the joint venture company to the Indian party. The American party to the joint venture agreement o....
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