Court : Mumbai
Reported in : AIR1938Bom54; (1937)39BOMLR1124; 173Ind.Cas.553
..... application of the provisions of section 65 and they cannot be extended to all agreements which are void under section 24 of the indian contract act by reason of unlawful consideration or object. the illegality here is both in the matter of consideration and the promise itself as expressed in the agreement and also in its purpose. consequently no relief can be granted under the provisions ..... in clauses (g) and (h) :an agreement not enforceable by law is said to be void :an agreement enforceable by law is a contract.14. section 23 of the indian contract act says : 'every agreement of which the object or consideration is unlawful is void. 'therefore says mr. desai that as the words used in section 65 are ' an agreement discovered to be void,' the ..... instituted, the agreement clearly stifled it. it was therefore opposed to public policy. the consideration; of such an agreement was unlawful and every agreement of which the object or consideration is unlawful was void. section 24 of the indian contract act lays down that if any part of a single consideration for one or more objects or any one or any part of any one of several ..... considerations for a single object is unlawful, the agreement is void. so the present agreement is void for various reasons.9. the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1933Bom413; (1933)35BOMLR850; 147Ind.Cas.1096
..... may also be made to illustration (h) to section 23, of the indian contract act, 1872.8. as to the principles deducible from decided cases, the following propositions can ..... . on the facts of the present case, the conclusion is inevitable that the consideration for the promissory notes in the present case was the compounding of a criminal charge which could not have been compounded. if so, under section 23 of the indian contract act, the consideration was unlawful and the promissory notes cannot be enforced against defendants nos. 2 and 3. reference ..... may not do. the effect is to defeat the provisions of the law, as the offence under section 406 is not compoundable. therefore, under section 23 of the indian contract act the consideration for the promissory notes is bad.6. turning to the cases, the first case on which the learned counsel for the appellant has relied is kessowji tulsidas v. ..... be laid down:-firstly, where the consideration for an agreement is a promise not to prosecute .....Tag this Judgment!
Court : Allahabad
Reported in : 115Ind.Cas.630
..... promissory note being the consideration or the object of an agreement to the lender and being clearly forbidden by law, i would ..... hold that it offends against the provision of section 23 of the indian contract act. i would further hold that the promissory ..... the negotiable instruments act cannot be construed to include the payee of the negotiable instrument payable to bearer under the head of 'a holder in due course'.33. the promissory note clearly contravenes the provision of section 25 of act x of 1923.34. under section 23 of the indian contract act 'every agreement of which the object or consideration is unlawful is void'. the ..... note.' now, the promissory note i have already held to be in a form forbidden by law. in other words, the consideration received by the lender was an unlawful consideration. section 23 of the contract act expressly declares that the consideration of an agreement is lawful unless it is forbidden by law. this leads us to the clear result that the agreement between .....Tag this Judgment!
Court : Delhi
Reported in : ILR1992Delhi540
..... because it is now turn the benefit of mahajans. thus it cannot be said that there is any invalid or unlawful consideration involved in this agreement between the parties on which account it is hit by sections 23 and 24 of the indian contract act. both the issues are answered accordingly. issue no. 19(49) it is argued under this issue on behalf of the ..... is, thereforee, hit by sections 23 and 24 of the indian contract act. in support of this submission, it is further contended that according to the agreement, the consideration agreed to be given by the plaintiff to defendant no. 9 i. e. to a tenant is unlawful and against the provisions of delhi rent control act and thus against public policy. i do not agree with ..... issue no. 17, the court is to see whether there is no valid and lawful consideration for the agreement in dispute and under issue no. 18, it is to be seen whether the agreement is void and in violation of sections 23 and 24 of the indian contract act. the sub-mission on behalf of the defendants is that clause xiii of the agreement ..... major.(63) the objection on behalf of the defendants is, that the impugned agreement dated 6-7-1977 is contrary to section 11 of the indian contract act (ic act for short) and sections 6 and 11 of the hmg act insofar as it purpoports to be signed on behalf of the minor and the lunatic and, thereforee, the same is void. i am unable .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC1892; 1975(0)BLJR233; [1974(29)FLR379]; (1974)2SCC533; 1SCR703
..... observations of pollock and mullah in their treatise on indian contract and specific relief acts, 7th edn. to the effect that section 65, indian contract act does not apply to agreements which are void under section 24 by reason of an unlawful consideration or object and there being no other provision in the act under which money paid for an unlawful purpose may be recovered back, an analogy of english ..... circumstances that knowledge of illegality or unlawfulness can as a finding of fact be imputed to him the agreement ..... them sues the other or wants the other to act on it, it is then that he may discover it to be void. there is nothing specific in section 65 indian contract act or its corresponding section of the hyderabad contract act to make it inapplicable to such cases.a person who, however, gives money for an unlawful purpose knowing it to be so, or in such ..... lease on that basis was also illegal, the plaintiff was not entitled to claim relief under section 65 of the indian contract act. it, therefore, dismissed the suit.5. on appeal the high court also held that neither section 65 ncr section 72 of the contract act applied to the facts of the case.6. we are of the view that section 65 of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC1320; (1974)2SCC266; 3SCR915; 1974(6)LC574(SC)
..... mulla's indian contract and specific relief act pp. 346-347 to the effect that section 65 of the indian contract act does not apply to agreements which are void under section 24 by reason of an unlawful consideration or object and there being no other provision in the act under which money paid for an unlawful purpose may be ..... it, it is then that lie may discover it to be void. there is nothing specific in section 65. indian contract act or its corresponding section of the hyderabad contract act to make it inapplicable to the such cases.12. the above view, which has been noticed in subsequent edition of pollock's ..... privy council is right, namely, that 'agreements discovered to be void apply to all agreements which are do initio void including agreements based on unlawful consideration, it follows that the person who has paid money or transferred property to another for an illegal purpose can recover it back from the transferee ..... void. the word 'discovery' would imply the ore-existence of something which subsequently found out and it may be observed that section 66, hyderabad contract act makes the knowledge film of the agreement been void as one of the pre-requisites for restitution and is used in the sense of an ..... in this view, it thought that the claim of the partners to recover the money having regard to section 65 of the contract act and article 62 of the limitation act is barred by limitation, because the suit of parasnath was filed more than 3 years after 13-7-45 by which date .....Tag this Judgment!
Court : Chennai
Reported in : AIR1915Mad528; (1914)27MLJ249
..... already legally bound to do ' is, of course, no consideration for a new promise in his favour see manna lal v. bank of bengal i.l.r. ..... promisor's request, which could support a subsequent promise and the act done by the promisee must be ' good ' or ' valuable ' consideration in the sense in which those terms appear in english law though these words 'good' and 'valuable' do not appear in the indian contract act which speaks only of lawful and unlawful considerations. the ' mere doing of a thing which a person is ..... consideration to the surety. consideration is defined in section 2. ' when at the desire of the promisor, the promisee...has done... ..... , the third is, that the district judge has erred in law in holding that there was no consideration. it is argued that the advances made to other persons on the recommendation of the 1st defendant were good past consideration for the contract. section 127 of the indian contract act says that anything done, for the benefit of the principal debtor may be a sufficient .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1974AP240
..... ) no transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act , 1872 or (3) to a person legally disqualified to be transferee .'14. it is well-settled that any agreement of sale in regard to property ..... sale, an inam lands would be lost to the service-holder and such a sale would be for an unlawful object or consideration within the meaning of section 23 of the indian contract act. in support of the contentions that the policy of section 5 of act iii of 1895 is not to divest an inamdar of the enjoyment of the land, reliance is placed on ..... to the decision cited by the learned counsel for the 2nd respondent in support of the contention that an agreement of sale for an unlawful object or a sale for an unlawful considerations void.19. it was strenuously argued by the learned ..... entitled to sell it, it cannot be said that the object was unlawful or opposed to public policy. we are, therefore, of the opinion that clause (h) of section 6 of the transfer of property act is not attracted. we are also of other opinion that section 23 of the indian contract act is also not attracted. we do not think it necessary to refer .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1978Bom322; 1978MhLJ528
..... is in violation of a statutory provision. in pollock and mulla's indian contract act at page 463 the observations are:--'on the one hand it has been said that the words 'agreement discovered to be void' apply to all agreements which are void ab initio, including agreements based upon an unlawful consideration. if this view be correct, it follows that the person who has ..... hyd 69. in that judgment, the above observations of pollock and mulla's indian contract act were not approved and the full bench observed (at p. 75):'a person who, however, gives money for an unlawful purpose knowing it to be so, or in such circumstances that knowledge of illegality or unlawfulness can as a finding of fact be imputed to him, the agreement under ..... the disposal of the foodgrain and would come within the purview of clause 10 of the order.8. that leaves only a question of application of section 65 of the indian contract act. similar question had arisen before this court in rupam pictures v. ramchandra (civil revn. appln. no. 98 of 1974, decided on 20-2-1975). therein it was held that section ..... such an activity it cannot be struck down. the second argument of mr. najbile was that, in any event, he was entitled to the benefit of section 65 of the indian contract act, 1872.5. the first submission made on behalf of the petitioner is without any merit. it is true that the definition of the word 'loan' in the money-lenders .....Tag this Judgment!
Court : Gujarat
Reported in : 95CompCas303(Guj); 1996CriLJ3099; (1996)2GLR751
..... further argued that the transaction would be covered by section 58 of the negotiable instruments act. but, in my view, section 58 of the act has no application in this case. the act does not define unlawful means/consideration hence recourse will have to be taken to various provisions of the indian contract act. unlawful consideration is defined in section 25 as being forbidden by law or is such which ..... provisions of the indian contract act dealing with unlawful means. in this view of the facts, the judgment rendered in the case of taher n. khambat v. vinayak enterprises  86 camp cas 471 (ap)  crl. lj 560, as relied on by mr. gupta, has no application on facts. 11. a consideration can be past, present or future and ..... for the applicant, has not been able to point out even an iota of evidence by any stretch to bring the case within the purview of section 23 of the indian contract act. similarly, unlawful means would also include exercise of force, coercion, etc., but nothing has been pointed out from the record which can bring the case within the purview of the various ..... , therefore. a pro-misc to deliver goods in future can be termed as future consideration and if any cheque is given for future consideration it would be for valid consideration and in discharge of legal debts and liabilities and the consideration cannot be said as unlawful. 12. a contention is also raised that the cheques were never sent for acceptance and, therefore .....Tag this Judgment!