Khan Gul v Lakha Singh
Khan Gul v. Lakha Singh (AIR 1928 Lah 41)
1. Background
This case involves the validity of a contract where the object or consideration was alleged to be illegal or immoral.
The dispute arose regarding an agreement where the object was challenged on grounds of being unlawful.
2. Facts of the Case
Khan Gul entered into a contract with Lakha Singh.
The contract was related to a matter that was considered against public policy or illegal under applicable laws.
Lakha Singh challenged the contract’s validity, arguing that the contract's object was illegal and, hence, not enforceable.
3. Legal Issues
Whether the contract was void due to illegality of object or consideration.
The role of public policy in determining contract enforceability.
Whether the parties could seek remedies despite illegality.
4. Judgment
The court held that if the object or consideration of the contract is illegal or against public policy, the contract is void.
It reaffirmed that courts do not enforce contracts that violate law or morality.
The contract between Khan Gul and Lakha Singh was declared void due to its illegal object.
The court also observed that no party could claim remedy or damages arising from an illegal contract.
5. Legal Principles Established
Illegality of object or consideration makes the contract void ab initio (from the beginning).
Contracts against public policy or statutory provisions cannot be enforced.
Courts maintain the sanctity of law and public morality by refusing to enforce illegal contracts.
Parties to illegal contracts cannot seek relief or damages.
6. Connection with Other Case Laws
This case follows the principle established in Gherulal Parakh v. Mahadeodas Maiya where the object against public policy was held void.
Similar to Nathulal v. Neki, emphasizing that contracts with illegal or immoral objectives are not enforceable.
7. Summary
| Aspect | Details |
|---|---|
| Parties | Khan Gul (Plaintiff) vs. Lakha Singh (Defendant) |
| Legal Issue | Validity of contract with illegal object |
| Court’s Holding | Contract void due to illegality |
| Principle Established | Illegal object or consideration = void contract |
| Impact | No remedy for parties to illegal contracts |
8. Conclusion
The Khan Gul v. Lakha Singh case is a classic example highlighting the importance of legality of object and consideration in contracts. It reiterates that any contract whose object is illegal or opposed to public policy is void and unenforceable. Courts will not assist parties in enforcing such contracts or awarding damages.
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