2. Section 23 of the Indian Contract Act, 1872 – What considerations and objects are lawful and what is not The consideration or purpose of an agreement is legal, except – It is prohibited by law; or is of such that, if allowed, the provisions of a law would not fall; fraud; or involves or involves the violation of the person or property of another; or the Court considers it immoral or contrary to public policy. In each of these cases, the review or the purpose of an agreement is illegal. Any agreement whose purpose or consideration is illegal is void. This is dealt with in section 27 of the law. The freedom to exercise any form of trade and profession is a fundamental right guaranteed by the Indian Constitution in accordance with Article 19, paragraph 1. Therefore, any agreement to restrict trade and occupation would be considered inconclusive. The restraint can be both partial and complete. This was revealed in the case of Madhub Chander v. Raj Coomar, where the defendant had offered to pay a certain amount of money to the complainant if he agreed to close his store in a particular location. However, after the closure of his store, the plaintiff was denied payment by the defendant. The court found here that the defendant had no money to pay to the applicant, since the agreement was null and void (since it was in the restriction of trade), although it imposed a partial restriction, i.e.
it was extended only to a specific location. Section 232 of the Indian Contract Act, 1872 (“Law”), lists three points, namely the consideration of the agreement, the purpose of the contract and the agreement itself. Section 23 imposes a restriction on a person`s liberty in the process of contracting and subjects that person`s rights to compelling public policy considerations and other considerations under it.3 Section 23 is also important in the other sections of the Act, sections 264, 275, 286 and 307. In this section, it is said that any ambiguous or ambiguous agreement whose meaning cannot be certain must be considered inconclusive. For example, if A enters into an agreement with B, where he says that a certain amount of wheat delivers to his place of business. It is clear from the foregoing that failure by either party to breach one of these conditions has nullified an agreement. These conditions are:- In accordance with the Statute of Limitations, any infringement action should be filed within 3 years from the date of the infringement. (d) contracts to receive B cargo in a foreign port. The government then declares war against the country in which the port is located. The treaty will be annulled if war is declared.
The general principles in India and England with respect to non-market agreements are more or less the same, which is in fact that all trade restrictions, whether partial or total, are non-extended.