(a) agreements which tend to be prejudicial to the public service. Example: A, a Purohit was promised to Rs.50 to get a second woman for B. A then brought an action against B in order to recover that amount. It was found that such a promise would amount to an illegal conjugal intermediation contract and that the contract was unenforceable. Consequently, the action was dismissed. There are many things that the law does not prohibit within the meaning of the sanction, but which, in their nature and tendency, are so mischievous that they cannot be accepted as the subject of a contract in force for reasons of public order. An agreement to restrict the marriage of a person other than a minor is null and void. The law does not require everyone to marry. But if a person agrees not to marry at all, it goes against public order and is therefore not valid. Each case must be decided on the basis of its own facts. Some of the agreements contrary to public policy are briefly explained below with the help of examples. An agreement is not considered legal if it complies with public order. The doctrine of public policy is based on the maxim « ex turpi causa non oritur actio », which means that an agreement against public policy would be ineffective.
The concept of public policy does not have an exhaustive definition, as it is fluctuating and highly uncertain. The interpretation of public policy is left to the discretion of the Tribunal. The contractual conditions cannot be applied even if they have been agreed by both parties, if they are contrary to public policy. If someone finds a trade with enemies of the state, it is always considered contrary to public order. Treaties involving enemies are illegal and are not enforced by the court. It is clear that the scope and interpretation of public policy are broad and that applicability is left to the discretion of the General Court itself on the basis of the agreement and subject-matter. If an agreement is found to be contrary to public policy, it will be cancelled in accordance with section 23 of the Indian Contracts Act 1872. If, contrary to public policy, an agreement is annulled, he cannot challenge the injunction because of the citizen`s freedom of contract. . . .