TMI Blogconcept of “morality”X X X X Extracts X X X X X X X X Extracts X X X X ..... to draw an analogy from the Hindu Law relating to the doctrine of pious obligation of sons to discharge their father's debts and contends that what the Hindu Law considers to be immoral in that context may appropriately be applied to a case under s. 23 of the Contract Act. Neither any authority is cited nor any legal basis is suggested for importing the doctrine of Hindu Law into the domain o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at a contract contra bonos mores is illegal, the law in this connection gives no extended meaning to morality, but concerns itself only with what is sexually reprehensible. In the book on the Indian Contract Act by Pollock and Mulla it is stated at p. 157: The epithet immoral points, in legal usage, to conduct or purposes which the State, though disapproving them, is unable, or not advised, to vis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tandard norms of life. It may also be said that what is repugnant to good conscience is immoral. Its varying content depends upon time, place and the stage of civilization of a particular society. In short, no universal standard can be laid down and any law based on such fluid concept defeats its own purpose. The provisions of S. 23 of the Contract Act indicate the legislative intention to give it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l immorality and no case has been brought to our notice where it has been applied to any head other than sexual immorality. In the circumstances, we cannot evolve a new head so as to bring in wagers within its fold. [ASSOCIATE BUILDERS VERSUS DELHI DEVELOPMENT AUTHORITY- 2014 (11) TMI 1114 - SUPREME COURT] - Manuals - Ready reckoner - Law and practice - Reference Guide - Quick Commentary Tax Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|