Anantanarayanan, J. Officiating Chief Justice of the dealt with a situation where on the reverse of a bill which was handed over by the firm of launderers to the customers there was a printed condition that the customer would be entitled to claim only 50 per cent of the market price or value of the article in case of loss. The High Court of Madras held that such a term was prima facie opposed both to the public policy and to the fundamental principles of the law of contract which cannot be enforced by a Court. The High Court of Madras observed in the said judgment that if such a clause was held to be enforceable, it would put a premium upon the obstraction of clothes, which was committed by the employee of a firm with an intention to make gain. 1 am in respectful agreement with the view taken by the High Court of Madras in the above case. I hold that the alleged stipulation in this case is opposed to public policy and fundamental principles of law of contract and the same is thus void and of no legal effect.
Bombay High Court
R.S. Deboo, (Since Deceased By ... vs Dr. M.V. Hindlekar And Another on 10 June, 1994
Equivalent citations: AIR 1995 Bom 68, 1995 (1) BomCR 17, (1994) 96 BOMLR 60
Bench: D Dhanuka