Trace Your Case

ISSUE:

Whether the plaintiff can realize his money back even though the object of the agreement defeated the provisions of the law?

RULE:

Section 23 of the ICA states that Consideration or object of an agreement is lawful unless it is forbidden by law, or is fraudulent or involves or implies injury to the person or property of another. Also if the Court regards the consideration or object immoral or opposed to public policy, it will not be enforced and makes the agreement void.

As the agreement of which the object was unlawful being opposed to a statutory provision, the plaintiff cannot claim relief under Section 65 of the Contract Act.

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