In this case, the parties were businessmen in Calcutta. The defendant, Rajcoomar suffered a loss due to competition from the complainant and reached an agreement with the complainant that if he entered into his business there, he would have made all the advances he had made to his workers. When the defendant was unable to pay, the applicant filed an appeal to recover the amount, but failed to do so because it was a trade restriction agreement that was therefore not applicable in court. It can also be mentioned here that the impugned rules previously provided for a restriction on marriage for the duration of the period of service, but it was amended by the company when a action was filed. Had the amendment not taken place, the Tribunal`s decision might have been different. One can absolutely be deterred from marrying or marrying for a specified period of time or being partly deterred from marrying a person or class of people, and in one of the events mentioned above, the agreement is not valid. Section 26 does not distinguish between absolute and partial restrictions on the freedom of marriage. This has been strictly followed by the courts in various cases. The Partnership Act of 1932 provides another exception to the rule limiting trade restriction agreements. There are three exceptions in the law.
These are: Betrothment is a promise to give a girl in marriage. It is called „vagdan,“ or gift by word, as a gift by the actual delivery of the bride; and its form is that of a promise made by the father or another guardian of the bride in favor of the bride to give him the bride in the marriage. The preliminary proceedings had found such a practice and allowed the applicant to demand payment from the groom. However, a High Court chamber, in the second appeal, stated that such a payment of money for marriage to an adult woman was not applicable because it was immoral and contrary to public policy. Under Section 27 of the Act, a restriction on trade is non-ae. In other words, any agreement that prevents a person from founding or pursuing his profession or profession is, in exchange for some consideration, not a consideration. Therefore, any agreement that prevents a person from acting as he or she wishes is characterized as an agreement with another party in which the other party enjoys the end of its profession as an agreement limiting trade. With the exception of two exceptions discussed below, all trade restriction agreements are uneasy. The two exceptions are in the sale of Goodwill and Partnership Act. Another type of deduction could have been imposed by allowing marriage only when the person has earned a living.
This would ensure that the person is able to assume responsibility for a family when the marriage is concluded, thereby reducing the burden on the parents of the parties and on society as a whole. The Law Commission has given extensive thought to the Indian Contract Act of 1872 and has proposed several amendments by adding a bill attached to the Commission`s report, in which it proposed the replacement of several sections, including section 26 of the Act, in order to obtain an amendment to the Marriage Limitation Agreements Act. After the sale of an overvalue, the seller retains the right to make a competing transaction. But if it is agreed by a contract that the seller will not sign in such a contract, these rights are dissolved. Brokerage contracts have since been denounced by the courts, contrary to public order. For example, in Gopi Tihadi v. Gokhei Panda and Another, a departmental bank of Orissa High Court stated: „The examination or purpose of an agreement is lawful, unless the law is expressly prohibited or if the court deems it immoral or contrary to public order.