23.What consideration and objects are lawful, and what not—The consideration or object of an agreement is lawful, unless
IllustrationII Of contracts, voidable contracts and voidVerified
The or of an is , —
it is forbidden by law1 ; or
is of such a nature that, if permitted, it would defeat the provisions of any law; or
is fraudulent ; or
involves or implies, injury to the person or property of another; or
the Court regards it as immoral, or opposed to public policy.
In each of these cases, the or of an is said to be un. Every of which the or is un is void.
Illustrations
(a) A agrees to sell his house to B for 10,000 rupees. Here Bs promise to pay the sum of 10,000 rupees is the for As promise to sell the house, and As promise to sell the house is the for Bs promise to pay the 10,000 rupees. These are s.
(b) A promises to pay B 1,000 rupees at the end of six months, if C, who owes that sum to B, fails to pay it. B promises to grant time to C accordingly. Here, the promise of each party is the for the promise of the other party, and they are s.
(c) A promises, for a certain sum paid to him by B, to make good to B the value of his ship if it is wrecked on a certain voyage. Here, As promise is the for Bs payment and Bs payment is the for As promise, and these are s.
(d) A promises to maintain Bs child, and B promises to pay A 1,000 rupees yearly for the purpose. Here, the promise of each party is the for the promise of the other party. They are s.
(e) A, B and C enter into an for the division among them of gains acquired or to be acquired, by them by fraud. The is void, as its is un.
(f) A promises to obtain for B an employment in the public service and B promises to pay 1,000 rupees to A. The is void, as the for it is un.
(g) A, being agent for a landed proprietor, agrees for money, without the knowledge of his principal, to obtain for B a lease of land belonging to his principal. The between A and B is void. as it implies a fraud by concealment, by A, on his principal.
(h) A promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of the things taken. The is void, as its is un.
(i) As estate is sold for arrears of revenue under the provisions of an Act of the Legislature, by which the defaulter is prohibited from purchasing the estate. B, upon an understanding with A, becomes the purchaser, and agrees to convey the estate to A upon receiving from him the price which B has paid. The is void, as it renders the transaction, in effect, a purchase by the defaulter, and would so defeat the of the law.
(j) A, who is Bs mukhtar, promises to exercise his influence, as such, with B in favour of C, and C promises to pay 1,000 rupees to A. The is void, because it is immoral.
(k) A agrees to let her daughter to hire to B for concubinage. The is void, because it is immoral, though the letting may not be punishable under the Indian Penal Code (45 of 1860).