wholly incompatible with the terms of the
CMDA and hence unsustainable, unconscionable, grossly arbitrary
and thus in conflict with the public policy of India ... allegedly incurred by
AMPL. It was submitted that the Sole Arbitrator has
unconscionably awarded a huge sum towards fixed costs loss of
Rs.78 crore
found to be violative of any provision of law and is not unconscionable, nor contrary to public policy. For ascertaining the real purpose underlying ... compromise or arrangement is not violative of any provision of law, unconscionable or contrary to public policy. The Court is not to exercise the appellate
Orders relating to essential commodities the Court referred to position of such unconscionable terms qua their enforceability under American practice with a nod of approval ... contract or term thereof is unconscionable at the time the Contract is made a Court may refuse to enforce the contract or may enforce
Clause 9 of the agreement, which relates to the arbitration clause is unconscionable and void and deserves to be quashed and set aside. The second ... arbitrator so appointed is an employee of the Hindustan Zinc. Limited, is unconscionable and void. According to Section 23 of the Indian Contract
further contended that the said Clause 16(c) is also an unconscionable term inserted in the agreement by the R.S.E.B. taking advantage
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 ... 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
that the bargain is with the 'influencer' and in itself unconscionable then the person in a position to use his dominating power ... sure to arise if the order of these propositions be changed. The unconscionableness of the bargain is not the first thing to be considered
considered opposed to public policy on account of their being extortionate and unconscionable or if they are made for improper objects as gambling in litigation ... ought to be carefully watched, and when found to be extortionate and unconscionable, so as to be inequitable against the party; or to be made
declared ultra vires for the aforesaid reasons, because they are wholly arbitrary, unconscionable and unreasonable being violative of Articles ... payable under Section 25Fof the Act. This will result in encouraging wholly unconscionable contracts and contracts which will be contrary to the public good
cases, their Lordships observed as under:-
"Under which head would an unconscionable bargain fall ? If it falls under the head of undue influence ... other country been pointed out to us. The word "unconscionable" is defined in the Shorter Oxford English Dictionary, Third Edition, Volume II, page
