Agreements Restraining Personal Liberty

By September 10, 2021 No Comments

If, contrary to public policy, an agreement is invalidated, it cannot challenge the injunction because of the citizen`s freedom of contract. All agreements that relate to or interfere with the administration of justice are deemed invalid in accordance with section 23 of the Indian Contract Act, 1872. The courts must carefully consider the matter before applying the doctrine of public order for reasons of development of public opinion and morality. In England, both agreements are illegal and unenforceable. However, in India, only agreements that appear to have been entered into for gambling purposes in litigation and to violate or repress others by promoting ungodly disputes are not implemented, but not all maintenance and champerty agreements. Privy Council are married in the case of Raja Venkata Subhadrayamma Guru v. Sree Pusapathi Venkapathi Raju[vi] held that the court could only refuse the application of such agreements if the court considers that it is not made with an object of good faith or a reward that appears to be blackmailed and that Champerty and alimony in India are not illegal. It is an agreement in which either party or third party receives a certain amount of money against marriage. .