legal sanctity of MOU

thank you very much for your instant response.

Radha Pyari.S.

thank you very much for your instant response.

May I know where you are practicing?

Radha Pyari.S.

MOU has no legal enforceability. It is just a mutual consent / understanding over an issue that has been reached between the parties and reduced into writing on a piece of paper. An agreement / deed entered into between the parties on the basis of the MOU can only be enforceable and can be adduced as an evidence before a court of law. 

Thank you very much for your immediate response. I am really happy that professionals of varied disciplines are instantly interacting on several issues.

Radha Pyari.S,

Generally MoU HAS no legal binding force since it is not a concluded contract but it s not so that mou alwz loses its binding force.

it depends upon case to case.

if there has been some consideration paid and the parties have acted forth in relation to the same, court may consider it as a binding one.

thanks all of you for your quick response to my query.
Radha Pyari. > 

thaks for the information.

Memorandum of Understanding is nothing but  - A written proposal  or the statement (oral or written) of an exchange of promises between the parties to the Memorandum and the legality of the same will arise when anything which is agreed is acted contrary by either of the party thereto.  

according to the reply made by Manish singh Advocate, It is infact true that MOU is often asked by the Courts or the Presiding officer

and in case if any party to contract or business then it is no value but to consider in case of any dispute arises later

MEMORANDUM OF ASSOCIATION forms the FUNDAMENTAL part of a companies operational, functional, executional as well as Directoral aspects during the course of its subsistence. I dont agree with the view point that MOA has not legal binding force. Its perfectally SHAM. MOA has equal binding force as it VIRES THE COMPANY VIA ITS INTERNAL, EXTERNAL REGULATORY ASPECT.  ANY CONTRACT OUT SIDE THE PURVIEW OF THIS INTERNAL/EXTERNAL  REGULATORY MEASURE  WILL BE PRIMA FACIE DECLARED TO BE "NULL & VOID" (IT CANNOT BE RATIFIED). Y AM I USING THE EXPRESSION INTERNAL (SO FAR AS IT RELATES TO AOA, BUT ONE POINT IS TO BE KEPT INTO CONSIDERATION THAT IN EVERY ASPECT MOA SUPERCEEDS AOA, WHICH MEANS A SUPERIOR DOCUMENT CAPABLE OF THRASHING ANY PROVISION OUTSIDE IT CONTENDED VALUE.  THEREFORE CERTAINLY MOA HAS LEGAL BINDING FORCE.              ITS MARKS THE CONSTITUTION OF A COMPANY, JUST AS ANY LAWCONTRARY TO CONSTITUTIONAL LAW IS TO BE STUCK DOWN, SO AS THE CASEWITH  MOA 2.

Dear sameer,

 we are heirein not talking about MoU of a company but its infact Memorandum of understanding (MoU ) which is an agreement signed between the parties before getting into a final contarct & yes the MoU always possess legal value as an evidence in the eyes of law. Also we can get damages or specific performance to the extent of the binding nature of the said MoU.  

Dear sameer,

 we are heirein not talking about MoA (Memorandum of Association) of a company but its infact Memorandum of understanding (MoU ) which is an agreement signed between the parties before getting into a final contarct & yes the MoU always possess legal value as an evidence in the eyes of law. Also we can get damages or specific performance to the extent of the binding nature of the said MoU.