AI Overview...
- Agreements Executed in Furtherance of Rules Must Be Read as Part of the Rules
- Main points and insights:
- Several cases emphasize that agreements executed in furtherance of statutory rules or statutes are integral to understanding the legal framework governing the case. For instance, agreements under the MOFA Act (00400074362) and land agreements (00100051946) are crucial in determining rights and obligations. Courts often interpret such agreements as part of the statutory scheme, affecting rights like conveyance, possession, and land use.
- Jurisdictional and procedural aspects are also influenced by agreements. The arbitration agreements (02500109324, 00400042064) are interpreted in light of statutory provisions like the Arbitration and Conciliation Act, highlighting that agreements are to be read in conjunction with applicable rules and statutes.
- The importance of agreements in disputes over land, conveyance, and statutory compliance is underscored, with courts often referencing the agreements alongside statutory provisions to arrive at just decisions.
- Analysis and conclusion:
- The overarching principle is that agreements executed to further statutory rules or in compliance with legal requirements are not standalone documents but form an integral part of the legal and procedural framework. Courts are required to read these agreements as part of the rules, ensuring that statutory rights, obligations, and procedural safeguards are upheld. This approach promotes consistency, fairness, and justice, ensuring that agreements are interpreted within the context of the governing rules and statutes Surendranath Ghosh Trust Estate, Kolkata VS State of Orissa - Orissa, Nahalchand Laloochand Pvt Ltd vs Panchamrut Chs Ltd - Bombay, K. P. O. Moideenkutty Hajee VS Pappu Manjooran - Supreme Court, CG Power And Industrial Solutions Ltd. (formerly Crompton Greaves Ltd. ) VS U. P. Power Transmission Corporation Ltd. Thru. Supr. Engineer - Allahabad.
References: - Surendranath Ghosh Trust Estate, Kolkata VS State of Orissa - Orissa - K. P. O. Moideenkutty Hajee VS Pappu Manjooran - Supreme Court - CG Power And Industrial Solutions Ltd. (formerly Crompton Greaves Ltd. ) VS U. P. Power Transmission Corporation Ltd. Thru. Supr. Engineer - Allahabad - Nahalchand Laloochand Pvt Ltd vs Panchamrut Chs Ltd - Bombay
Search Results for "Agreements Executed in Furtherance of Rules Must be Read as Part of the Rules"
2010 0 Supreme(Ori) 373 • India - Orissa
B.P.DAS, B.N.MAHAPATRA
WRIT - Writ jurisdiction is discretionary in nature and must be exercised in furtherance of justice - Court has to keep in mind that ... Act and Rules ? ... the Act, 1962 - No Khasmahal land can be settled in favour of the present petitioner-Trust in terms of Sub-rule 3(a) of Rule 5-B read ... Law is well settled that the writ jurisdiction is discretionary in nature and must be exercised in furtherance of justice. ... (Annexure-1) was executed on 3rd October, 2005. ......
2005 2 Supreme 47 • India - Supreme Court
N.S.HEGDE, S.B.SINHA
for sale were executed whereby appellant agreed to sell suit premises to respondents—Allegedly on ground that respondents failed ... filed suit against appellant for specific performance of three agreements—Respondents filed an application for injunction restraining ... owner of premises filed Title Suit for eviction of respondents—During pendency of suit, parties entered into settlement—Three agreements ... During pendency of the said suit, the parties entered into settlement pursuant whereto three purported agreements....
2022 0 Supreme(All) 9 • India - Allahabad
Arbitration and Conciliation Act, 1996 - Section 11(6) - Companies Act - Electricity Act, 2003 - Section 39 - Tender - Supply Agreement ... The contract was awarded to the Applicant on 28.12.2011, in furtherance whereof three separate Agreements were executed between the parties, the first one being for supply of equipment and materials for construction of the Substation, that is, the Supply Agreement. ... Ltd. 1978 (1) All England Reporter 948; that it is contrary to all rules of con....
2012 0 Supreme(Bom) 1702 • India - Bombay
B.R.GAVAI
Suit for injunction restraining defendants from making construction in furtherance to commencement certificate dated 13th October ... behalf of the developer, on 11th March 1993 has communicated to the advocate for the appellant that the conveyance could not be executed ... complete the project for decades together, does it mean that the statutory rights available to the society to get the conveyance executed ... Insofar as most of the agreements which were executed in the year 1984, there is no mention....
2020 0 Supreme(Mad) 2233 • India - Madras
N.SATHISH KUMAR
As the amount has not been paid pursuant to loan agreement and guarantee deed executed by first and second respondents, the arbitration ... executed between petitioner herein and UCO bank - UCO Bank was now assigned itself to intervenor namely Alchemist. ... Hence, contention of respondents cannot be countenanced - It is for intervenor to enforce security as per rights created in the agreements ... A reading of the entire hypothication agreement indicate that it does not supersede the loan agr....
2013 0 Supreme(Bom) 140 • India - Bombay
R.D.DHANUKA
Ratio Decidendi: The court held that the arbitration agreement between the parties excluded the applicability of Part I of ... Arbitration & Conciliation Act - Jurisdiction - SIAC Rules Fact of the Case: The petitioner sought stay of termination ... of Part I of the Arbitration & Conciliation Act, 1996, and thus the court had no jurisdiction to entertain the petition. ... (supra) made applicable prospectively to all arbitration agreements executed after pronouncement of the said judg....
1996 0 Supreme(SC) 292 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY, B.L.HANSARIA
B1, to sell 35 acres of land for a total consideration of Rs. 10 lakhs - In furtherance thereof, on paying Rs. 4 lakhs as part consideration ... B1, possession of land having been passed into hands of appellant and since in consideration thereof he had executed Ex. ... A1, for a sum Rs. 1.50 lakhs and in furtherance thereof possession of three acres and forty four cents of land and building was given ... In furtherance thereof, on paying Rs. 4 lakhs as part consideration, 10 acres of l....
2025 0 Supreme(Bom) 398 • India - High Court of Bombay
Amit Borkar, J
36) ... ... (B) Deemed Conveyance - The Competent Authority's role is quasi-judicial, ensuring compliance with agreements ... The petitioners herein, being the original promoters/developers, are said to have executed various agreements with the members of respondent No.1-Society under Section 4 of the MOFA Act. ... He invited attention to the first schedule of the agreement, executed under Section 4 of the MOFA Act, asserting that the area ad-measuring 6753 square metres, read in con....
2009 0 Supreme(Bom) 1522 • India - Bombay
ANOOP V.MOHTA
The document/agreements main object and purpose just cannot be overlooked. ... The land just cannot be utilised but only as per the original grants and agreements even by the company. ... in favour of the plaintiff and unless the main prayers so raised in the suit are granted including the declaration of these two agreements ... The document/agreements, main object and purpose just cannot be overlooked. ... A Lease deed was executed on 8th September, 2000, which was amended subsequently for the purpose ....
2009 0 Supreme(Pat) 1240 • India - Patna
RAMESH KUMAR DATTA
specifically debarred by the Amending Act-Court below has not at all taken into the account the effect of section 17(1A) of the act the furtherance ... Registration Act, 1908-Section 17 (IA) inserted by Act 48 of 2001 read with Section 53A of Transfer of Property Act, 1882-Prior to ... Amending Act of 2001, a party could claim the benefit of possession on the basis of the doctrine of past-performance even if the agreement ... The doctrine of part performance protects the right of a transferee of an agreement#HL....
Filter by Legal Phrase
