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Report No. 13

50. Section 24.-

The rule laid down in this section presupposes that the agreement is indivisible.

In order to make the provision comprehensive, it should also deal with the case of distinct promises based on distinct considerations. It is settled in England1 as well as in India2 that where there are such promises and some of the promises or considerations are unlawful and they can be separated from the lawful promises or considerations (as the case may be), the agreement shall be void only to the extent of the promises which are unlawful or are based on unlawful consideration.

1. Chitty Contracts, 21st Edn., Vol. 1. 60.

2. Dharamchand v. Jhamsa, AIR 1931 Nag 6.

Indian Contract Act, 1872 Back

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