clause 'the fees once paid is non
refundable' to be unconscionable.
24.The Hon'ble Supreme Court of India in a case ... contract entered into between parties of unequal
bargaining power was void as unconscionable, under Section 23
of the Act. It has been held that
that the terms "Fee
once paid cannot be refunded" is unconscionable. Ld. counsel for respondent placed
reliance on various judgments in support ... clause "the fees once paid is nonrefundable" to
be unconscionable.
The Hon'ble Supreme Court in the matter Central Inland Water
oppressive document qua the borrowers and being so and
containing an unconscionable construct, the court can refuse to
enforce it or the terms contained therein ... payment of such amount to the bank will
amount to enforcing the unconscionable terms of above Tripartite
Agreement and the other loan documents when
Latest Caselaw 64 SC, the Hon'ble Supreme Court while considering
unconscionable contracts/terms was pleased to refer to American law as contained ... provided as under:-
"S.208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable at the time the contract is made
Latest Caselaw 64 SC, the Hon'ble Supreme Court while considering
unconscionable contracts/terms was pleased to refer to American law as contained ... provided as under:-
"S. 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable at the time the contract is made
defendant no. 2, it is clear
that the present arbitration clause is unconscionable, in view of the fact
that loan agreement between the parties ... 2402/2019tions clause in the agreement.
6. In view of the unconscionability of the arbitration clause in
standard form contract with the parties occupying unequal
Supreme Court while considering unconscionable contracts/terms
was pleased to refer to American law as contained in Reinstatement of the
Law -- Second as adopted ... Section 208
at p. 107, it is provided as under:-
"§ 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable
Supreme Court while considering
unconscionable contracts/terms was pleased to refer to American law as
contained in Reinstatement of the Law -- Second as adopted ... Section 208 at p. 107, it is provided as under:-
"§ 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable
face of it or on the evidence adduced, to be unconscionable, the
burden of proving that such contract was not induced by undue
influence shall ... Will of plaintiff no.1 and the bargain
appears to be unconscionable. Onus would have shifted on the
defendants to prove that undue influence
face of it or on the evidence adduced, to be unconscionable, the
burden of proving that such contract was not induced by undue
influence shall ... Will of plaintiff no.1 and the bargain
appears to be unconscionable. Onus would have shifted on the
defendants to prove that undue influence
