OUSEPH POULO AND THREE OTHERS versus CATHOLIC UNION BANK LTD. AND ORS.

OUSEPH POULO AND THREE OTHERS versus CATHOLIC UNION BANK LTD. AND ORS.

The plaintiffs failed to discharge the onus to prove that the impugned documents were executed with the consideration of stifling criminal prosecution; sequence of events and oral evidence were insufficient and unreliable. The High Court was correct in finding that the agreements were not opposed to public policy under Section 23 of the Indian Contract Act.

Parties
Appellants: Ouseph Poulo and Three Others; Respondents: Catholic Union Bank Ltd. and Others
Jurisdiction
India
Judgment Date
15 April 1964
Procedural Posture
Civil Appeals / Appeal From Kerala High Court Judgment and Order Dated June 12, 1959 in A.s. Nos. 538 and 539 of 1954
Outcome
appeals dismissed
Legal Topics
Agreements Opposed to Public Policy, Stifling Prosecution, Section 23, Indian Contract Act
Contract Law Agreements Opposed to Public Policy Stifling Prosecution Section 23, Indian Contract Act

Case Brief

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Parties

Ouseph Poulo and Three Others

Appellants

Catholic Union Bank Ltd. and Others

Respondents

Procedural Posture

Civil Appeals / Appeal From Kerala High Court Judgment and Order Dated June 12, 1959 in A.s. Nos. 538 and 539 of 1954

Legal Issues

  1. 1 Whether two documents executed by parties were unenforceable as being opposed to public policy under Section 23 of the Indian Contract Act

Ratio Decidendi

The plaintiffs failed to discharge the onus to prove that the impugned documents were executed with the consideration of stifling criminal prosecution; sequence of events and oral evidence were insufficient and unreliable. The High Court was correct in finding that the agreements were not opposed to public policy under Section 23 of the Indian Contract Act.

Court Disposition

appeals dismissed

Orders

  • Appellants to pay court fees as paupers; appeals dismissed with costs, one set of hearing fees.