https://www.taxtmi.com/caselaws?id=296070 An agreement is not void under Section 23 of the Indian Contract Act, 1872 merely because it may conflict with an administrative instruction; it becomes void only when its object or consideration is unlawful or necessarily defeats an expressed provision of law. Article 13(3)(a) of the Constitution governs laws and instruments having the force of law for fundamental rights, and does not by itself determine the enforceability of a private contract. A departmental letter, not being a legislative enactment, could not render the contract void ab initio. The arbitral finding of illegality was therefore legally unsustainable and patently illegal, justifying interference under Section 34 of the Arbitration and Conciliation Act, 1996. en-us Wed, 23 Nov 2011 00:00:00 +0530 Fri, 02 Jul 2021 16:51:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296070 An agreement is not void under Section 23 of the Indian Contract Act, 1872 merely because it may conflict with an administrative instruction; it becomes void only when its object or consideration is unlawful or necessarily defeats an expressed provision of law. Article 13(3)(a) of the Constitution governs laws and instruments having the force of law for fundamental rights, and does not by itself determine the enforceability of a private contract. A departmental letter, not being a legislative enactment, could not render the contract void ab initio. The arbitral finding of illegality was therefore legally unsustainable and patently illegal, justifying interference under Section 34 of the Arbitration and Conciliation Act, 1996. Case-Laws Indian Laws Wed, 23 Nov 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296070