Central Inland Water ... vs Brojo Nath Ganguly & Anr on 6 April, 1986
In the case of K.C. Cinema v. State of J&K, (2023) 5 SCC 786 the
Hon'ble Supreme Court was pleased to explain that the test laid down in
the case of Central Inland Water Transport Corpn. v. Brojo Nath Ganguly
(supra) will apply not only where the parties have unequal bargaining power
but also where a contractual term or a contract is unfair, unreasonable or
unconscionable. The Hon'ble Supreme Court has held that a contractual term
or a contract is unfair, unreasonable or unconscionable where it is one sided
or devoid of any commercial logic. The relevant portion of the said judgment
reads as under:-