The overall objective of the audit is to prevent persons who act unlawfully from benefiting from their own faults and to maintain civil law compatible with criminal law. The object or purpose of the treaty is to achieve an unlawful objective. The illegal objective may be known to one or both parties. Example: A has made an agreement with T to buy his apartment for 40 lac. Here is the observation of A maison and therefore the taking into account of T 40lac. 11. The form of the agreement and the agreement of the parties repealed the Act, section 232 of the Indian Contract Act, 1872 («Act»), which lists three points, that is, the consideration for the agreement, the subject matter of the agreement and the agreement itself. § 23 restricts a person`s freedom to conclude contracts and subjects that person`s rights to the overlying considerations of public order and the others referred to therein.3§ 23 also applies to the other sections of the Act, namely § 264, 275, 286 and 307. In a recent order9, our firm advised the client not to include such conditions in the document to be executed between the parties, which would be contrary to any law in India. The customer has been informed that, if the contract were to be enforced by a part of the same entity, the application of this contract or part thereof would not be possible in India if the agreement or its object or consideration thereof is contrary to law in India. In addition, despite the inclusion of disclosures, indemnifications, commitments, etc. The contract and the associated transactional documents are not advantageous for the purposes of an act in India if the contract or any part thereof is contrary to the statutes, rules, injunctions, statutes, directives, etc. in India.
In this case, the treaty is not valid for the purposes of an action in India in the light of the provision(s) of the law that have been discussed above, since a party cannot accept an agreement contrary to the law. In addition, the advantage of the inclusion of the aforementioned disclaimer, indemnification and commitment in the contract only protects the interests of the foreign company (our client) in the place whose law has been made applicable to the contract. However, in the event of a breach of Indian law, such exclusion of liability, indemnification and obligation are not grounds for defence, measures taken in India available to the party claiming protection there.