Hyder Bin Akbar vs Dept Of Posts on 16 March, 2022
Hyder Bin Akbar vs Dept Of Posts on 16 March, 2022
OA 21/258/2021
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1 - 10 of 843 (0.93 seconds)Krishan Kumar vs Union Territory Of Chandigarh And Ors. on 2 December, 2002
contract of employment or in the order of appointment which are unconscionable, arbitrary or unreasonable."
The observations made in another decision in the case ... well settled that such condition of employment which is arbitrary, unreasonable or unconscionable, can be declared as unconstitutional on the grounds of violation of Articles
Indira Gandhi Medical College & ... vs Dr. Arun K. Narula & Anr on 29 July, 2015
meaning of Section 23 of the Contract Act as those are unconscionable, unfair and unreasonable, therefore being opposed to public policy are void under ... Contract. Concept of unconscionableness, unfairness, unreasonableness were dealt with elaborately in the judgment of the Hon'ble Supreme Court mentioned in the preceding para
Classic Kudumbam vs S. P. Sundaram & Anr. on 10 January, 2014
deposited the huge amount. In our opinion, this is a harsh or unconscionable contract. Unconscionability takes
many forms, from fraud to economic duress.
9. Section ... 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
M/S. Nugas Technologies India Pvt. Ltd. vs The Geeta Bal Bharti Varisht Madhyamic ... on 17 April, 2014
been allowed runs as under:
Any term of the contract which is
unconscionable is void abinitio and not actionable. No service provider can forfeit ... reference in the booking receipt that
this amount was not refundable was unconscionable.
Perusal
of aforesaid paragraph reveals that contract being unconscionable was held abinitio
Dlf Park Place Residents vs Dlf Limited Supplementary Order Main ... on 10 January, 2013
placed under the
agreement is evident from the yet another arbitrary and
unconscionable Clause 10.3 pertaining to the failure of DLF to
deliver possession ... after 90 days. When this provision is compared to Clause 9.5 the
unconscionable nature of the agreement is amply demonstrated as
the DLF would
Canteen Mazdoor Sabha (Regd.) And Ors. vs Union Of India (Uoi) And Ors. on 18 March, 2005
present, O.A.
11. The grievance of the applicants is directed against unconscionable action of the respondents, which is stated to be an illegal contract ... contend that unconscionable terms are against the public policy. According to Mr. Shyam Babu, learned Counsel, option exercised was not wilful and applicants, who belong
Lic Housing Finance Ltd. vs Commissioner Of Service Tax Mumbai-I on 21 August, 2019
both countries to interfere at all in an agreement
between the parties, unconscionable and extravagant, and
one which no court ought to allow ... down any "abstract rule" for
determining what was unconscionable or extravagant,
saying only that it must depend on "the nature
Sl Lumax Limited, Kanchipuram vs Dcit Corporate Circle 6(2), Chennai on 10 February, 2020
that the claim for provision for
warranties made by the assessee was unconscionably higher for relevant
previous year 2012-13 relevant to impugned ... shown that provision for warranties made during the year
is unconscionably high which was made with an intent to artificially reduce
tax-liability with
Fiitjee Ltd. vs Hamza on 7 July, 2023
fees.
Mere reading of the dlause above shows that it is unreasonable
unconscionable or voidable is not enforceable. The terms like
"fees once paid ... refundable" is unconscionable as well as
voidable, therefore not actionable. It is also noticed that there is
no Exit clause in the agreement/enrolment