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Showing contexts for: champertous in S. Mohammed Anwaruddin (Died) Per L.Rs. vs Smt. Dr. Sabina Sultana on 29 April, 2005Matching Fragments
30. The question of public policy is a question of law and the Court can determine it from the evidence even if the facts are not fully pleaded by the parties as held by the Supreme Court in Ouseph Poulo v. Catholic Union Bank .
31. In view of the decisions cited above, it has to be seen whether the oral contract set up by the plaintiff was champertous and is opposed to public policy as contended. Even the lease-cum-sale agreement also provides that "the lessee shall abide by the regulations in force or which may hereafter be enforced from time to time". Though the Benami transaction pleaded by the plaintiff for her father to get the house from the Housing Board and since he was not eligible, he made the defendant to apply with an oral agreement that the defendant, in turn, should transfer the house in favour of plaintiff's father or to his nominee.