Court : Mumbai
Reported in : AIR1952Bom315; (1952)54BOMLR245; ILR1952Bom715
..... agreement which is the outcome of an understanding that the complainant should not object to the withdrawal of a prosecution against a person, in respect of a non-compoundable offence which has been taken cognizance of, is against public policy under section 23 of the indian contract act, 1872, and is therefore void and unenforceable.'there, again, the same principle to which we have referred above ..... but the most interesting part of mr. jather's argument is that even if there was consideration for the promissory note, it was unlawful, being opposed to public policy (vide section 23 of the indian contract act). mr. jathar has very strenuously contended that if we look to the circumstances of the case and take a careful and considered stock of them we must ..... . 850):'the question now is, whether on the facts mentioned above, the mortgage bond is void and unenforceable, under section 23, contract act. the law on the point seems to me to be perfectly well settled. it is against public policy to make a trade of felony or attempt to secure benefit by stifling a prosecution or compounding an offence which is not compoundable ..... there was consideration for the promissory note, dated december 23, 1044; and (3) if there was consideration for it, whether it was opposed to public policy and therefore unlawful within the meaning of section 23 of the indian contract act. 12. now, the first point has arisen in this manner: mr. jathar for the appellants, original defendants nos. 3 and 2-a, has .....Tag this Judgment!
Court : Chennai
..... . the contention that the plaintiff cannot be prevented from approaching the civil court and such a clause is hit by section 28 of the indian contract act, apart from the same being against public policy embodied under section 23 of the indian contract act, cannot stand for the reason that the plaintiff, being a member of the club, is bound by the terms and conditions of the ..... by-laws and he cannot say that the terms and conditions stated in the by-laws are against the provisions of section 28. 21. the ..... and conciliation act of 1996 in uncitral model and, therefore, in interpreting any provisions of the 1996 act courts must not ignore the objects and purpose of the enactment of 1996. a bare comparison ..... has been enacted in india replacing the indian arbitration act, 1940, which was the principal legislation on arbitration in the country that had been enacted during the british rule and the growing volume of india's trade and commercial relationship with the rest of the world after the new liberalisation policy of the government, indian parliament was persuaded to enact the arbitration .....Tag this Judgment!
Court : Chennai
Reported in : (1997)2MLJ477
..... the agreement offended the provisions of section 23 of the indian contract act and therefore, against public policy. that decision has nothing to do with the exercise of jurisdiction by a court or tribunal. the second ..... decision cited, which arose from the kerala buildings (lease and rent control) act, was with reference to the applicability of section 5 of the limitation act. the kerala high court has held ..... ) control of rent and eviction act, 1947. their lordships said that 'everyone has a right to waive and to agree to waive the advantage of a law or rule made solely for the benefit and protection of the individual in his private capacity which may be dispensed with without infringing any public right or public policy.' there, the question was, whether ..... after taking note of pronouncements of various high courts, came to the conclusion that to grant a probate, the exclusive jurisdiction is only on the probate court under the indian succession act, and the direction given by that court (supreme court) will not empower the arbitrator to issue a probate. in the last portion of paragraph 17 of the judgment .....Tag this Judgment!
Court : Delhi
Reported in : AIR1992Delhi145; 79CompCas96(Delhi); ILR1992Delhi469
..... the petitioner. it was a hard nut to crack for him to find out a job. the term, i.e., clause 6 was void under section 23 of the indian contract act being against the public policy. the impugned action of the respondent no. i being an instrumentality of the state should have been in conformity with the provisions of article 14 of the constitution of ..... in contravention of the provisions of the article 14 of the constitution of india, clause no. 6 in the letter of appointment is opposed to public policy. as such it is void under section 23 of the indian contract act. the aforesaid termination order is arbitrary, discriminatory, vocative of the principle of natural justice of audi alteram partem inasmuch as it is not only infringes ..... deep and all pervasive control of the government on the above said company so much so that one of the objects of the respondent no. i is to act as instrumentality of the policy of the central government. that shows and proves beyond any shadow of doubt that the respondent no. i is an instrumentality or agency of the government. it is ..... of association. he has in this connection drawn our attention to the objects for which the company is established. seriall no. 13 of the said objects provides 'to act as instrument of the policy of the central government subject to such directives as may be issued by the president from time to time with a view to exercising control over the strategic .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1991MP275
..... a third person intervenes and wants to make money out of the marital relationship between the two partners is against public policy and not enforceable by a court of law.24. under section 23 of the indian contract act contract against public policy is void and, therefore, the transfer in favour of prahladsingh is void and illegal and it has no force in the eye ..... or other relation is a recognised custom in the caste of defendants 1, 2, 4 and 5. be it that, but this being immoral and opposed to public policy, cannot be given effect to.25. it has been found by the two courts below that prahladsingh was handed over possession of the suit land after execution of ..... the transfer of the land in favour of father of kamabai, was for consideration for giving her in marriage to jhita and, therefore, the contract was immoral and void under section 23 of the contract act. the suit property is fetching the profit of nearly rs. 2,000/- per year and, therefore, the sale in favour of the plaintiff ..... or that transfer was for illegal or immoral purposes and, therefore, all those points cannot be taken into consideration. i do not agree with this contention. where a contract or transaction is illegal, there need be no pleading of the parties raising the issue of illegality and the court is bound to take judicial notice of it. ..... r.d. shukla, j.1. this appeal is directed against the judgment and decree dated 1-9-1984, passed in civil appeal no. 56a of 1982, of the court of additional judge to the court of .....Tag this Judgment!
Court : Kolkata
Reported in : 1994CriLJ3342,I(1996)DMC12
..... the wife-opposite party no. 1 herein, on the other hand, contended that there cannot be any estoppel against the statute and also the question of waiver does not come as it directly militates against section 23 of the indian contract act as it is against the public policy. in support of his contention mr. sen gupta placed reliance on a madras decision in the case of padmanabham ..... to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary. such an agreement in addition to it being against public policy would also be against the clear intendment of this provision. thereafter, giving effect to an agreement which overrides this provision of law, that is section 125 cr.p.c. would tantamount to ..... . thus the agreement whereby this statutory right of wife to maintenance was relinquished may not per se be illegal but it cannot be given effect to being a negation of the statutory right as provided for in this section and being opposed to public policy. clauses (b)and (c) of section 127 ..... opposed to public policy but would also amount to negation of it. the law makes a clear distinction between a void and illegal agreement and void but legal agreement. in the former case, the legislature penalises it or prohibits it. in the later case, it merely refuses to give effect to it. this is what exactly section 23 of the contract act provides for .....Tag this Judgment!
Court : Delhi
..... is beyond the law and the parties by agreeing otherwise cannot waive the mandatory provisions of the law. thus, the said stipulation agreeing beyond section 176 of the indian contract act, 1872 is against law and public policy. 29. learned senior counsel for the plaintiff submitted that in order to secure interest of the plaintiff in the said shares, the defendant no. 1 should be restrained ..... pledge by the defendant, it is incorrect on the part of the defendant no.1 to say that the plaintiff cannot seek injunction against the said illegal sales without the compliance of the provision of section 176 of the indian contract act, 1872 as the plaintiff is not the proper party to file the suit. it is submitted that the defendant no.1s grievance ..... recognised in a pawnee in the above decision. under section 176 of the indian contract act, 1872 if the pawner makes default in payment of the debt, or performance, at the stipulated time, of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawner upon the debt or promise, and retain the goods pledged as ..... recognized in a pawnee in the above decision. under section 176 of indian contract act, 1872, if the pawnor makes the default in payment of the debt, or performance at the stipulated time, of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise and retain the goods as a .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1945Bom82; (1944)46BOMLR745
..... this suit to recover it and the question is whether the promissory note is void under section 23 of the indian contract act on the ground that its consideration or a part of it was a promise to stifle prosecution and, therefore, opposed to public policy.4. section 23 lays down in effect that the consideration or object of an agreement is unlawful if the ..... the consideration of the promissory note in, suit.6. in spite of a clear finding to this effect, the learned district judge says that such consideration was not improper or against public policy, since exhibit 70 could not, in his opinion, have the effect of stifling the prosecution, inasmuch as the secretary was powerless to withdraw his complaint in respect of a ..... that had been misappropriated by vishnu. there is undoubtedly a distinction between the motive to a transaction and its object or consideration, and to avoid an agreement as being against public policy it is not enough that the motive which impelled the party who undertook the liability under the agreement was that a pending criminal case should be withdrawn. as observed by ..... a non compoundable offence, once the case is taken cognizance of, the complainant is powerless to withdraw! it, but even an agreement to do anything directed towards, its withdrawal js against public policy and cannot be! countenanced. as lord atkin observed in bhowanipur banking corporation, ltd. v. shreemati durgesh nandini dasi the citizen who proposes to vindicate the criminal law must do so .....Tag this Judgment!
Court : Mumbai
Reported in : (1912)14BOMLR1178; 17Ind.Cas.946
..... lapse of some weeks after the execution of the agreement.2. the question is whether that agreement is good in law or is void as being opposed to public policy under section 23 of the contract act. this question, arising also between mahomedans, was considered by me in meherally v. sakerkhanoobai (1905) 7 bom. l.r. 602 where to the best of my ability ..... in applying to mahomedans the english rule that any agreement such as this, which provides for, and therefore encourages, future separation between the spouses, must be pronounced void as being against public policy.4. for these reasons i think that the appeal fails and must be dismissed with costs.rao, j.5. i agree. ..... it necessary to notice only the one additional argument which mr. shah brought forward in support of the wife's case. that argument is that the rule as to the public public which obtains in england in regard to such agreements cannot properly be applied to similar agreements executed among people to whom polygamy is by their law allowed. it appears to ..... in the extent of the evil which the rule of law aims at suppressing ought not to affect the general result. it is, as i understand it, as much the policy of the mahomedan law as of the english law, that people who are married should live together and not apart; and if that is so it seems to me that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1991(1)SC433; (1991)2MLJ14(SC); 1991(I)OLR(SC)504; 1991(1)SCALE200; (1991)3SCC67; 1SCR327; 1991(2)LC36(SC)
..... decisions, he contended firstly that assuming that the agreement was a champertous one, it was neither immoral nor against public policy, and secondly even de hors the agreement, the appellant is entitled to the said advance of rs.75,000 under section 70 of the indian contract act. 13. the high court referred to the evidence on record in appeal which had an intimate bearing on ..... second leg of the argument rested on the other provisions of the indian contract act to which i have made reference above. he contended that even assuming that it was an agreement to receive consideration a share in the claim that was to be established by the nawab, it was not against public policy. he contended that the amount in question was admittedly advanced and an ..... advantage of it was taken by the nawab to establish his claim. he had, therefore, to return the same to the appellant. in this connection, he referred to us to the other provisions of the indian contract act to which i have made a reference ..... created a new head of public policy to declare the agreement as void, although according to the relevant statutory provisions as well as the decisions of the court, the agreement is not void. in the first instance, he referred us to the provisions of sections 23, 65, 69, 70 and part (ii) of section 73 of the indian contract act. section 23 states that the .....Tag this Judgment!