following presumptions shall be made:— (a) of consideration —that every negotiable instrument was made or drawn for consideration, and that every such instrument, when ... acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder
said to be unlawful. Every agreement of which the object or consideration is unlawful is void. Illustrations (a) A agrees to sell his house ... rupees to A. The agreement is void, as the consideration for it is unlawful. (g) A, being agent for a landed proprietor, agrees for money
Negotiable Instruments Act, 1881
58. Instrument obtained by unlawful means or for unlawful consideration.—
When a negotiable instrument has been lost, or has been obtained ... thereof by means of an offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the person who found
purpose of determining the unlawful object or consideration. Whether the object or consideration is unlawful, the test is to be found in Section ... consideration of future illicit co-habitation. It was held to be an immoral consideration and therefore void. A gift does not require consideration and past
opinion that a particular case/order was on account of "unlawful consideration" the requirement of notice can be dispensed with. Learned Counsel submitted ... object of an agreement is said to be unlawful.
46. The expression "unlawful consideration" is a strong one; in addition, for dispensing with
Judge has found that the consideration did not really pass and that whatever consideration did pass was of an unlawful nature being given for immoral ... been obtained from any maker by fraud or for an unlawful consideration, the ordinary presumption that the holder is a holder in due course
applicant are negotiable instruments which have been obtained by unlawful means for unlawful consideration and therefore, the ultimate beneficiary viz., the Official Liquidator should ... evidence, decides about the conduct of the parties since the unlawful means and unlawful consideration is of criminal character, which cannot be decided by exchange
agreement which is void under Section 23 by reason of an unlawful consideration or object; and we are therefore of opinion that this appeal should ... which is the foundation of this suit, is based on an unlawful consideration, is opposed to public policy and is void. It follows that, under
becomes void, the
consideration paid in such contract
becomes an illegal consideration and
when it is said it is legal or unlawful
consideration ... provision runs as under:
"58. Instrument obtained by unlawful
means or for unlawful consideration.--When a
negotiable instrument has been lost, or has
been
State Government is
satisfied that the proceedings have been
vitiated by unlawful consideration."
Now this power of the State Government is distinct from ... which it is
satisfied that there has been an element of unlawful
consideration. This would apply equally to an order under
