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august 1962

Supreme Court of India · 1962-08-22

V. NARASIMHA RAJU vs V. GURUMURTHY RAJU AND OTHERS

Citation / case number
SC 1957/60177
Court
Supreme Court of India
Petitioner
V. NARASIMHA RAJU
Respondent
V. GURUMURTHY RAJU AND OTHERS
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the arbitration agreement executed on December 30, 1943, was invalid under Section 23 of the Indian Contract Act, 1872, as its consideration was against public policy. The agreement involved a promise by the first respondent to withdraw a criminal complaint concerning non-compoundable offences, rendering the agreement unenforceable. Consequently, the court set aside the award made by the arbitrator, affirming that agreements founded on unlawful considerations cannot be upheld.

V. NARASIMHA RAJU vs V. GURUMURTHY RAJU AND OTHERS · Niyam