AIR 1916 PATNA 284 ::(1916) 20 Cal WN(81) 760 ::1916 (20) Cal WN 760 ::(1916) 1 Pat LJ 48 ::(1917) 3 Pat LW 405

Patna High Court

Hon'ble Judge(s): Chapman, Atkinson , JJ

(A) Contract Act (9 of 1872) , S.23— Agreement to compound non-compoundable offence is wholly void. A contract founded on the illegal consideration of compounding a non-compoundabls offence is wholly void ; (B) Contract Act (9 of 1872) , S.23— Void and illegal contract carried out - Neither return of consideration nor declaratory relief can be granted - Contract partly void but inseparable from valid - Whole is void. Where an illegal purpose of a void contract has been executed in whole or in material part by parties who were pari delicto in procuring and carrying out the illegality, Court of Equity will not only refuse to enforce the obligations created, or to restore the property given away, under the illegal contract, but will also refuse to grant a relief by way of delaration, inasmuch has in principle there is no distinction between the declaratory relief and the other reliefs. Per Atkinson, J.- If any part of the consideration supporting a contract is void, it taints the whole contract with illegality ; and even though a part of the consideration may be legal yet, if the legal cannot be severed from the illegal, the taint of illegality vitiates the entire contract. A Court of law will not aid persons in enforcing the perfo....