Response

An MOU stands for Memorandum of Understanding, and is a contract between two parties.

If the notarized document is notarized in accordance with the law, it is a legally legitimate and significant document for the case. No document may be declared void simply because it has not been registered.

Your document is totally legitimate and enforceable in the event of a dispute.

Registration is achievable by the execution of a confirmation deed, and a penalty will be imposed. It will be necessary to make a decision.

In the case of State of Orissa & Others v. Titagar Paper Mills Company Ltd. & Others, the Supreme Court of India ruled that:

It is true that the nomenclature and description assigned to a contract are not indicative of the document’s or transaction’s underlying character.

On the other hand, these must be decided by looking at all of the document’s terms and MOU sections, as well as all of the rights and outcomes that follow from them, rather than picking and choosing certain clauses.

In essence, a Memorandum of Understanding encapsulates the parties’ understanding of a specific transaction or project they desire to undertake.

However, just because an agreement is referred to as a “Memorandum of Understanding” does not mean it is non-binding.

The nomenclature of an agreement is meaningless in the Indian legal system.

However, the mere existence of a document relating to an agreement struck between the parties does not automatically imply that the document is a contract.

Reference: Section 10 of the Indian Contract Act, 1872.
Case law:
1) Gurukripa Communications … vs Nutan Gupta And 2 Ors on 18 June, 2019

2) Cds Financial Services … vs Bpl Communications Limited, … on 21 December, 2001

3) Arunachalam Muthu And 3 Ors vs Nafan B.V. And 4 Ors on 29 October, 2015 – – AHG306 – 202100581 – 165 – 191- 202100199202100246857

LAWAYZ-2023-1032