late
Ms. Jaswant Kaur? OPP
6. Whether the gift deeds are unconscionable? OPP
7. Whether the gift deeds have been obtained by exercising
dominance ... late
Ms.Jaswant Kaur? OPP
6. Whether the gift deeds are unconscionable? OPP
7. Whether gift deeds have been obtained by exercising
dominance
year. The petitioners would contend that
the said term is an unconscionable one and hence not
enforceable. It is stated by the petitioners that ... them do not get matured for payment
within one year, is unconscionable and hence unenforceable.
The learned Senior Counsel relied on the decision
M/S Indsil Hydro Power And Manganese ... vs State Of Kerala And Others on 6
Supreme Court after setting its face against an unconscionable term in a contract and voiding a contract opposed to public policy, in the case ... following exposition on public policy:
"76. Under which head would an unconscionable bargain fall? If it falls under the head of undue influence
lease on an
amount slightly higher than the prevalent rate
amounts to unconscionable, illegal, arbitrariness
Patna High Court CWJC No.3337 ... such a
finding would entail.
"76. Under which head would an unconscionable
bargain fall? If it falls under the head of undue influence
lease on an
amount slightly higher than the prevalent rate
amounts to unconscionable, illegal, arbitrariness
or unreasonable act?
2. Petitioner has prayed for the following ... such a
finding would entail.
"76. Under which head would an unconscionable bargain fall?
If it falls under the head of undue influence
lease on an
amount slightly higher than the prevalent rate
amounts to unconscionable, illegal, arbitrariness
Patna High Court CWJC No.3203 ... such a
finding would entail.
"76. Under which head would an unconscionable bargain fall?
If it falls under the head of undue influence
appointed Arbitrator in accordance with said clause. The
impugned Award is grossly unconscionable in having disregarded the
proceeding pending before Sub Court, Coimbatore ... Arbitrator on the issue of jurisdiction is grossly perverse and
unconscionable inasmuch as the Arbitrator overlooked the fact that the
instant case was one where
said case, the Hon'ble Supreme Court was dealing with
unconscionable terms in a contract of employment. While holding such contract as void ... made the following observations:
"76. Under which head would an unconscionable bargain fall? If it falls under the
head of undue influence, it would
examined and decided finally with a finding on whether
these applications are unconscionable but after a
complete but expeditious enquiry with opportunity to
lead evidence ... Balagangadhar are established and they
demonstrate that the applications are indeed
unconscionable, the appellate Court, which should not
only decide the applications expeditiously to ensure
