terms are
oppressive or one-sided, they are to be termed as unconscionable, arbitrary and
by application of externalities, public interest will have to lean ... contracts, in Section 208 at page 107, as follows:
“Section 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable
sanction letters dated 27.12.2002 and 11.06.2003 respectively
cannot be held to be unconscionable, arbitrary, or excessive in case
of non-payment after the stipulated ... raise a plea that the rate of interest was excessive
or unconscionable. Moreover, the learned Arbitrator by relying upon
Central Bank of India v. Ravindra
ground that the proceedings before
the ICC are vexatious, unconscionable, oppressive, and violative of the
public policy of India.
Signature Not Verified Signature Not Verified ... present quorum/constitution in view of the arbitration
proceedings being rendered vexatious, unconscionable, oppressive and
violative of the public policy of India including fundamental policy
advantage
over him. It is only if the transaction appears to be
unconscionable that, by sub-section (3), the burden of proving
that the contract ... that of the onus probandi. If the
transaction appears to be unconscionable, then the burden of
proving that the contract was not induced by undue
Syed Habib Shah Alias Nawab Miyan (Died) ... vs Mst. Mumtaz Jahan Begum on 27 November
novation by changing
the substratum of the contract unilaterally, is
arbitrary and unconscionable. Google does all this
by being conscious of the fact that ... that the charging of 4% or more
towards payment processing is both unconscionable and an abuse of
the superior bargaining position, the plaintiff has alleged
novation by changing
the substratum of the contract unilaterally, is
arbitrary and unconscionable. Google does all this
by being conscious of the fact that ... that the charging of 4% or more
towards payment processing is both unconscionable and an abuse of
the superior bargaining position, the plaintiff has alleged
contained in the service agreement, which were found to be unfair, unreasonable, unconscionable and opposed to the public policy. As stated earlier, pursuant ... large number of persons or a group of persons, if they are unconscionable, unfair and unreasonable, are injurious to the public interest. Such a contract
submitted that the said Clause itself is a void clause,
being an unconscionable term of contract. The inclusion of the
aforesaid Clause in office order ... dated 17.12.2024 amounts to an
inclusion of unconscionable term which as per the service
jurisprudence is void.
12. In support of the above submission counsels
submitted that the said Clause itself is a void clause,
being an unconscionable term of contract. The inclusion of the
aforesaid Clause in office order ... dated 17.12.2024 amounts to an
inclusion of unconscionable term which as per the service
jurisprudence is void.
12. In support of the above submission counsels
