Anindya Mitra, learned Advocate has submitted that the Agreement in question shows unconscionable bargain between the parties.
20. It has also been contended on behalf ... will not enforce negative covenants if the bargain under the agreement is unconscionable. The Agreement for sale dated 1st Oct. 1994 is ex-facie unconscionable
ample powers under the amended Contract Act to go behind harsh and unconscionable bargains on tlm ground that where there is ample security, the exaction ... length to make a bargain which is in itself harsh and unconscionable, enforceable at law. We may refer to the case of Carringtons Limited
ample powers under the amended Contract Act to go behind hard and unconscionable bargains on the ground that where there is ample security the exaction ... length to make a bargain which is in itself harsh and unconscionable, enforceable at law. We may refer to the case of Carringtons, Limited
ought to be carefully watched and when found to be extortionate and unconscionable so as to be inequitable or to be made not with ... reward actually stipulated for, which in the circumstances was excessive and unconscionable. This view was affirmed by the Judicial Committee. The question arose again
agreement to pay the damages for the breach of Covenant or contract unconscionable and extravagant, such as no Court ought to allow to be entered ... however, be laid down as to what may or may not be unconscionable or extravagant to insist upon in the circumstances of the particular case
barred by limitation; and secondly, that the rate of interest was unconscionable and should not be enforced by a Court of Justice. The Courts below ... could not be of itself evidence, that the transaction was harsh and unconscionable. I do not accept that view. Excess of interest or charges
time he came to the conclusion that the bargain was hard and unconscionable for the following reasons: The money was borrowed to pay the Government ... held that the bargain was hard and unconscionable, and disallowed, the claim for compound interest. He accordingly gave the plaintiff a decree for the principal
instance on behalf of the defendants was that it was penal and unconscionable. The learned Munsif held that according to the present trend of judicial ... stipulation as to interest cannot be held to be either penal or unconscionable. The learned Subordinate Judge on appeal was of opinion that the question
Permanent mokarari lease--Interest, covenant for, and damages on arrears of rent--Unconscionable bargain--Penalty--Court, power of, to grant relief-- Contract ... relief in the exercise of its equitable jurisdiction, if the contract is unconscionable. No hard and fast rule can be laid down as to what
defendant no. 2. The transaction therefore cannot be said to be
unconscionable.
In the contended on behalf of the Defendant no. 1 that the suit ... face of it or on the evidence
adduced, appears to be unconscionable the burden of
proving that the transaction was not induced by undue
influence
