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An Agreement Against The Provision Of Law


04.07.21 Posted in Uncategorized by

In this case, the specific provision of the Indian Contracts Act in question sets out in detail the objectives that could be achieved under the conclusion of a contract. These provisions are clear and detailed and have been commented on over the years by forensic experts in several precedents. However, the “Against Public Order” segment continues to create a blurring area in determining whether or not a contract is illegal. As mentioned in some cases, public order is generally interpreted as something for the common good; However, its definition changes with the circumstances. Therefore, the interpretation of this provision is not uniform and concrete. It must be based on the situation, which is sometimes largely based on opinions. Such opinions are subjective and depend on how a particular person analyzes a particular situation. This creates an ambiguous and worrying situation for policy makers. An illegal contract can affect any type of agreement or transaction. The Supreme Court of India has dealt with certain Section 23 cases that find certain contract negotiations to be cancelled. In “ONGC Ltd. v. Saw Pipes Ltd.” 21 With respect to the interpretation of the importance of “public order” in this case, the Hon`ble Court indicated that several authorities had repeatedly indicated that the term “public order” did not allow for precise definition and could vary from generation to generation and from time to time.

Therefore, the term “public order” is considered vague, sensitive to a narrow sense or broader depending on the context in which it is used. It was therefore decided that the term “public order” should have a broader meaning. Hon`ble Court applied for Central Inland Water Transport Corporation Limited and Anr. v. Brojo Nath Ganguly and Anr. [(1986) IILLJ 171 SC] found that what is good for the public or in the public interest or that would be harmful or detrimental to the public interest or the public interest varies from time to time.



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