According to Section 23, every agreement of which the object or consideration is unlawful is void, and the consideration or the object of an agreement is unlawful in the following cases:
1. If it is forbidden by law.
This clause refers to agreements which arc declared illegal by law. If the consideration or object for a promise is such as is forbidden by law, the agreement is void. An act or an undertaking is forbidden by law:
a. When it is punishable by the criminal law of the country, or
b. When it is prohibited by special legislation or regulations made by a competent authority under powers derived from the legislature.
2. If it is of such a nature that, if permitted, it would defeat the provision of any law. This clause refers to cases where the objector consideration to an agreement is of such a nature that, though not directly forbidden by law, it would indirectly lend to a violation of law, whether enacted or otherwise (e.g., Hindu and Mohammedan Laws). Such an agreement. is also void.
3. If it is fraudulent.
An agreement whose object or consideration is to defraud others, is unlawful and hence void.
4. If it involves or implies in fury to the person or property of an-other. If the object or consideration of an agreement is injury to the person or property of another, it is void, being an lawful agreement.
5. If. the court regards it as immoral. An agreement whose object or consideration, is immoral, is illegal and therefore void. The scope of the word ‘immoral’ here extends to the following:
(i) Sexual immorality e.g., illicit cohabitation or concubinage or prostitution.
6. If the court regards it as opposed to public policy. An agreement is unlawful if the court regards it as ‘opposed to public policy.’ It is not possible to give a precise or exact definition of the term ‘public policy.’ It is rather an elastic term and its connotation may vary with the social structure of a state. Public policy is a principle of law which holds the no citizen can lawfully do that which is injurious to the public or is against the interests of the society or the state. Broadly speaking, an agreement which tends to promote corruption or injustice or immorality is said to be opposed to public policy. It is interesting to note that ‘opposed to public policy’ and ‘immoral,’ both are very much similar in nature because what is ‘immoral’ must be ‘opposed to public policy’ and reverse is also true in most cases.
(v) Traffic in public offices. Agreements for sale or transfer of public offices or for appointments to public offices in consideration of money are -illegal, being opposed to public policy. Such agreements, if enforced, would lead to inefficiency and corruption in public life.
(vii) Agreements unduly restraining personal liberty:
Agreements which unduly restrict personal freedom have been held to be void and illegal as being against public policy.
(viii)Agreements interfering with parental duties. A father, and in his absence the mother, is the legal guardian of his/her minor child.
(ix) Marriage brokerage agreements.
1. If it is forbidden by law.
This clause refers to agreements which arc declared illegal by law. If the consideration or object for a promise is such as is forbidden by law, the agreement is void. An act or an undertaking is forbidden by law:
a. When it is punishable by the criminal law of the country, or
b. When it is prohibited by special legislation or regulations made by a competent authority under powers derived from the legislature.
2. If it is of such a nature that, if permitted, it would defeat the provision of any law. This clause refers to cases where the objector consideration to an agreement is of such a nature that, though not directly forbidden by law, it would indirectly lend to a violation of law, whether enacted or otherwise (e.g., Hindu and Mohammedan Laws). Such an agreement. is also void.
3. If it is fraudulent.
An agreement whose object or consideration is to defraud others, is unlawful and hence void.
4. If it involves or implies in fury to the person or property of an-other. If the object or consideration of an agreement is injury to the person or property of another, it is void, being an lawful agreement.
5. If. the court regards it as immoral. An agreement whose object or consideration, is immoral, is illegal and therefore void. The scope of the word ‘immoral’ here extends to the following:
(i) Sexual immorality e.g., illicit cohabitation or concubinage or prostitution.
6. If the court regards it as opposed to public policy. An agreement is unlawful if the court regards it as ‘opposed to public policy.’ It is not possible to give a precise or exact definition of the term ‘public policy.’ It is rather an elastic term and its connotation may vary with the social structure of a state. Public policy is a principle of law which holds the no citizen can lawfully do that which is injurious to the public or is against the interests of the society or the state. Broadly speaking, an agreement which tends to promote corruption or injustice or immorality is said to be opposed to public policy. It is interesting to note that ‘opposed to public policy’ and ‘immoral,’ both are very much similar in nature because what is ‘immoral’ must be ‘opposed to public policy’ and reverse is also true in most cases.
(v) Traffic in public offices. Agreements for sale or transfer of public offices or for appointments to public offices in consideration of money are -illegal, being opposed to public policy. Such agreements, if enforced, would lead to inefficiency and corruption in public life.
(vii) Agreements unduly restraining personal liberty:
Agreements which unduly restrict personal freedom have been held to be void and illegal as being against public policy.
(viii)Agreements interfering with parental duties. A father, and in his absence the mother, is the legal guardian of his/her minor child.
(ix) Marriage brokerage agreements.
What Considerations and Objects are Unlawful?
![What Considerations and Objects are Unlawful?]()
Reviewed by Hosne
on
9:47 PM
Rating:
