Indian_Real_Estate_Law (2)
Indian Real Estate Laws 140for the promise of the other party, and theyare lawful considerations." (c) A promises, fora certain sum paid to him by B, to make goodto B the value of his ship if it is wrecked on acertain voyage. Here, A’s promise is the considerationfor B’s payment, and B’s paymentis the consideration for A’s promise, and theseare lawful considerations. (c) A promises, fora certain sum paid to him by B, to make goodto B the value of his ship if it is wrecked on acertain voyage. Here, A’s promise is the considerationfor B’s payment, and B’s paymentis the consideration for A’s promise, and theseare lawful considerations." (d) A promises tomaintain B’s child, and B promises to pay A1,000 rupees yearly for the purpose. Here, thepromise of each party is the consideration forthe promise of the other party. They are lawfulconsiderations. (d) A promises to maintain B’schild, and B promises to pay A 1,000 rupeesyearly for the purpose. Here, the promise ofeach party is the consideration for the promiseof the other party. They are lawful considerations."(e) A, B and C enter into an agreementfor the division among them of gains acquiredor to be acquired, by them by fraud.The agreement is void, as its object is unlawful.(e) A, B and C enter into an agreement forthe division among them of gains acquired orto be acquired, by them by fraud. The agreementis void, as its object is unlawful." (f) Apromises to obtain for B an employment in thepublic service and B promises to pay 1,000 rupeesto A. The agreement is void, as the considerationfor it is unlawful. (f) A promisesto obtain for B an employment in the publicservice and B promises to pay 1,000 rupees toA. The agreement is void, as the considerationfor it is unlawful." (g) A, being agent fora landed proprietor, agrees for money, withoutthe knowledge of his principal, to obtainfor B a lease of land belonging to his principal.The agreement between A and B is void, as itimplies a fraud by concealment, by A, on hisprincipal. (g) A, being agent for a landed proprietor,agrees for money, without the knowledgeof his principal, to obtain for B a leaseof land belonging to his principal. The agreementbetween A and B is void, as it implies afraud by concealment, by A, on his principal."(h) A promises B to drop a prosecution whichhe has instituted against B for robbery, andB promises to restore the value of the thingstaken. The agreement is void, as its object isunlawful. (h) A promises B to drop a prosecutionwhich he has instituted against B forrobbery, and B promises to restore the valueof the things taken. The agreement is void, asits object is unlawful." (i) A’s estate is sold forarrears of revenue under the provisions of anAct of the Legislature, by which the defaulteris prohibited from purchasing the estate. B,upon an understanding with A, becomes thepurchaser, and agrees to convey the estate toA upon receiving from him the price which Bhas paid. The agreement is void, as it rendersthe transaction, in effect, a purchase bythe defaulter and would so defeat the objectof the law. (i) A’s estate is sold for arrears ofrevenue under the provisions of an Act of theLegislature, by which the defaulter is prohibitedfrom purchasing the estate. B, upon anunderstanding with A, becomes the purchaser,and agrees to convey the estate to A upon receivingfrom him the price which B has paid.The agreement is void, as it renders the transaction,in effect, a purchase by the defaulterand would so defeat the object of the law." (j)A, who is B’s mukhtar, promises to exercisehis influence, as such, with B in favour of C,and C promises to pay 1,000 rupees to A. Theagreement is void, becuase it is immoral. (j)A, who is B’s mukhtar, promises to exercisehis influence, as such, with B in favour of C,and C promises to pay 1,000 rupees to A. Theagreement is void, becuase it is immoral." (k)A agrees to let her daughter to hire to B forconcubinage. The agreement is void, becauseit is immoral, though the letting may not bepunishable under the Indian Penal Code (45 of1860). 24. Agreements void, if considerationsand objects unlawful in part.—If any part ofa single consideration for one or more objects,or any one or any part of any one of severalconsiderations for a single object, is unlawful,the agreement is void. —If any part of a singleconsideration for one or more objects, orany one or any part of any one of several considerationsfor a single object, is unlawful, theagreement is void." Illustration A promises to6.6 6. THE INDIAN CONTRACT ACT, 1872
141 Indian Real Estate Lawssuperintend, on behalf of B, a legal manufacturerof indigo, and an illegal traffic in otherarticles. B promises to pay to A a salary of10,000 rupees a year. The agreement is void,the object of A’s promise, and the considerationfor B’s promise, being in part unlawful. Apromises to superintend, on behalf of B, a legalmanufacturer of indigo, and an illegal traffic inother articles. B promises to pay to A a salaryof 10,000 rupees a year. The agreement is void,the object of A’s promise, and the considerationfor B’s promise, being in part unlawful."25. Agreement without consideration, void,unless it is in writing and registered or is apromise to compensate for something done oris a promise to pay a debt barred by limitationlaw.—An agreement made without considerationis void, unless— —An agreementmade without consideration is void, unless—"(1) it is expressed in writing and registeredunder the law for the time being in force forthe registration of 1[documents], and is madeon account of natural love and affection betweenparties standing in a near relation toeach other; or unless (2) it is a promise tocompensate, wholly or in part, a person whohas already voluntarily done something for thepromisor, or something which the promisorwas legally compellable to do; or unless. (3)It is a promise, made in writing and signed bythe person to be charged therewith, or by hisagent generally or specially authorized in thatbehalf, to pay wholly or in part a debt of whichthe creditor might have enforced payment butfor the law for the limitation of suits. In any ofthese cases, such an agreement is a contract.Explanation 1.—Nothing in this section shallaffect the validity, as between the donor anddonee, of any gift actually made. Explanation2.—An Agreement to which the consent of thepromisor is freely given is not void merely becausethe consideration is inadequate; but theinadequacy of the consideration may be takeninto account by the Court in determining thequestion whether the consent of the promisorwas freely given. Illustrations (a) A promises,for no consideration, to give to B Rs. 1,000.This is a void agreement. (a) A promises, forno consideration, to give to B Rs. 1,000. Thisis a void agreement." (b) A, for natural loveand affection, promises to give his son, B, Rs.1,000. A puts his promise to B into writingand registers it. This is a contract. (b) A,for natural love and affection, promises to givehis son, B, Rs. 1,000. A puts his promise toB into writing and registers it. This is a contract."(c) A finds B’s purse and gives it tohim. B promises to give A Rs. 50. This isa contract. (c) A finds B’s purse and gives itto him. B promises to give A Rs. 50. This isa contract." (d) A supports B’s infant son. Bpromises to pay A’s expenses in so doing. Thisis a contract. (d) A supports B’s infant son. Bpromises to pay A’s expenses in so doing. Thisis a contract." (e) A owes B Rs. 1,000, but thedebt is barred by the Limitation Act. A signsa written promise to pay B Rs. 500 on accountof the debt. This is a contract. (e) A owes BRs. 1,000, but the debt is barred by the LimitationAct. A signs a written promise to payB Rs. 500 on account of the debt. This is acontract." (f) A agrees to sell a horse worth Rs.1,000 for Rs. 10. A’s consent to the agreementwas freely given. The agreement is a contractnotwithstanding the inadequacy of the consideration.(f) A agrees to sell a horse worth Rs.1,000 for Rs. 10. A’s consent to the agreementwas freely given. The agreement is a contractnotwithstanding the inadequacy of the consideration."(g) A agrees to sell a horse worth Rs.1,000 for Rs. 10. A denies that his consent tothe agreement was freely given. (g) A agreesto sell a horse worth Rs. 1,000 for Rs. 10. Adenies that his consent to the agreement wasfreely given." The inadequacy of the considerationis a fact which the Court should takeinto account in considering whether or not A’sconsent was freely given. 26. Agreement in restraintof marriage, void.—Every agreement inrestraint of the marriage of any person, otherthan a minor, is void. —Every agreement inrestraint of the marriage of any person, otherthan a minor, is void." 27. Agreement in restraintof trade, void.—Every agreement bywhich any one is restrained from exercisinga lawful profession, trade or business of anykind, is to that extent void. —Every agreementby which any one is restrained from exercisinga lawful profession, trade or businessof any kind, is to that extent void." Excep-6. THE INDIAN CONTRACT ACT, 1872 6.6
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Indian Real Estate Laws 140
for the promise of the other party, and they
are lawful considerations." (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, A’s promise is the consideration
for B’s payment, and B’s payment
is the consideration for A’s promise, and these
are lawful considerations. (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, A’s promise is the consideration
for B’s payment, and B’s payment
is the consideration for A’s promise, and these
are lawful considerations." (d) A promises to
maintain B’s child, and B promises to pay A
1,000 rupees yearly for the purpose. Here, the
promise of each party is the consideration for
the promise of the other party. They are lawful
considerations. (d) A promises to maintain B’s
child, and B promises to pay A 1,000 rupees
yearly for the purpose. Here, the promise of
each party is the consideration for the promise
of the other party. They are lawful considerations."
(e) A, B and C enter into an agreement
for the division among them of gains acquired
or to be acquired, by them by fraud.
The agreement is void, as its object is unlawful.
(e) A, B and C enter into an agreement for
the division among them of gains acquired or
to be acquired, by them by fraud. The agreement
is void, as its object is unlawful." (f) A
promises to obtain for B an employment in the
public service and B promises to pay 1,000 rupees
to A. The agreement is void, as the consideration
for it is unlawful. (f) A promises
to obtain for B an employment in the public
service and B promises to pay 1,000 rupees to
A. The agreement is void, as the consideration
for it is unlawful." (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 agreement between A and B is void, as it
implies a fraud by concealment, by A, on his
principal. (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 agreement
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 agreement is void, as its object is
unlawful. (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 agreement is void, as
its object is unlawful." (i) A’s 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 agreement is void, as it renders
the transaction, in effect, a purchase by
the defaulter and would so defeat the object
of the law. (i) A’s 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 agreement is void, as it renders the transaction,
in effect, a purchase by the defaulter
and would so defeat the object of the law." (j)
A, who is B’s 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
agreement is void, becuase it is immoral. (j)
A, who is B’s 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
agreement is void, becuase it is immoral." (k)
A agrees to let her daughter to hire to B for
concubinage. The agreement is void, because
it is immoral, though the letting may not be
punishable under the Indian Penal Code (45 of
1860). 24. Agreements void, if considerations
and objects unlawful in part.—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. —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." Illustration A promises to
6.6 6. THE INDIAN CONTRACT ACT, 1872