Indian Contract Act — Section 58
Alternative promise, one branch being illegal.—In the case of an alternative promise, one
58. Alternative promise, one branch being illegal.—In the case of an alternative promise, one
branch of which is legal and the other illegal, the legal branch alone can be enforced.
A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
Illustration
This is a valid contract to deliver rice, and a void agreement as to the opium.
Appropriation of payments
Follow cited cases · Browse courts and years · Research topics
Judgments citing Section 58
- P. Velumani v. K.A. Noorjahan & Ors.
- BANK OF BARODA & Ors. v. NARENDRA SINGH & Anr.
- M/s. D. N. SINGH v. COMMISSIONER OF INCOME TAX, CENTRAL, PATNA & Anr.
Text reproduced from the public statutes on which the corpus is built. Verify against the official Gazette before relying on it. This is statute reference, not legal advice.