employees be deprived of the
benefit of pension in such an unconscionable manner over an event
on which they had no control. It would ... this Court considered the concept of unconscionable bargain
Signature Not Verified
Digitally Signed W.P.(C) 14448/2006 Page 20 of 37
By:KAMAL KUMAR
clause 'the fees once paid is non
refundable' to be unconscionable.
24.The Hon'ble Supreme Court of India in a case ... contract entered into between parties of unequal
bargaining power was void as unconscionable, under Section 23
of the Act. It has been held that
Latest Caselaw 64 SC, the Hon'ble Supreme Court while considering
unconscionable contracts/terms was pleased to refer to American law as contained ... provided as under:-
"S.208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable at the time the contract is made
Latest Caselaw 64 SC, the Hon'ble Supreme Court while considering
unconscionable contracts/terms was pleased to refer to American law as contained ... provided as under:-
"S. 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable at the time the contract is made
defendant no. 2, it is clear
that the present arbitration clause is unconscionable, in view of the fact
that loan agreement between the parties ... 2402/2019tions clause in the agreement.
6. In view of the unconscionability of the arbitration clause in
standard form contract with the parties occupying unequal
Supreme Court while considering
unconscionable contracts/terms was pleased to refer to American law as
contained in Reinstatement of the Law -- Second as adopted ... Section 208 at p. 107, it is provided as under:-
"§ 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable
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
difference regarding execution of Supplementary MOU is immoral, one sided, wholly unconscionable, unilateral, induced by 'Undue Influence', obtained under duress, without free will
Ravinder Nangia vs Puran Chand Sethi on 1 November, 2023
Author: Neena Bansal Krishna
Bench
Captain Rajesh Sethi S.C. vs Col. P.C.Sethi & Anr on 1 November
