Two types of agreements are dealt with under this head. They are- It is an agreement in which, either part of them or third parties, receive some money, in exchange for marriage. Such agreements, which oppose public order, have no effect. Another example of an agreement contrary to public policy would be an agreement to obtain a government job or a title with corrupt funds. Such a treaty would not be applicable. Such a contract is considered contrary to public order, because if it were allowed, it would increase corruption and render inefficient and unreliable public services. Example: Shaikh Kalu (vs) Ram Saran Bhagat (1909):Facts: Out of 30 chamberlains in the city of Patna, 29 have agreed to provide “R” to supply it, and have also agreed not to deliver their entire production to anyone. Under the agreement, “R” was free to refuse the goods if they could not find a deal. Stop: the agreement has been limited to trade and is therefore in und arreer.11 Marital mediation: as a public policy, marriage must take place with the free choice of parties and cannot be disrupted by third parties acting as brokers. The agreement on the intermediation of marriages is not concluded. Nor can consent to the dowry be obtained.12. Agreement on creditor fraud (or tax authorities): an agreement to defraud creditors (or) tax authorities is not applicable, as it is contrary to public policy.13 Convention that encroaches on marital duties: any agreement that impinges on the performance of marital obligations is non-agreeable and contrary to public order. An agreement is not considered legal if it is contrary to public policy.
The doctrine of public order is based on the maxim “ex turpi causa non oritur actio,” meaning that an agreement against public order would have no effect. The term “public policy” does not have a comprehensive definition of its fluctuating nature and is highly uncertain. The interpretation of public order is left to the discretion of the Tribunal. Contractual terms cannot be enforced even if they have been agreed by both parties, if they are contrary to public policy. Example: A, a purohit was promised to Rs.50 considering getting a second woman for B. Subsequently, A brought an action against B in order to recover the aforementioned amount. It was found that such a promise would amount to an illegal conjugal mediation contract and that the agreement was not applicable. As a result, the appeal was dismissed. Agreements on the use of the influence of corruption in obtaining government jobs, titles or honours are illegal and therefore unenforceable. Indeed, if such agreements are valid, corruption will increase and lead to the inefficiency of public services. This was good,Could you answer the following questionIn the contract, there are some contracts that are supposed to be contrary to public order,Give five such contracts? An agreement to deprive the courts of their jurisdiction, which they usually have, is contrary to public policy.