follows:
S 208. Unconscionable Contract or Term
It a contract or term thereof is unconscionable at the time the contract is made a Court ... terms applies to a wide variety of types of conduct. The determination that a contract or term is or is not unconscionable is made
Union of India and if there is unfair, unreasonable and unconscionable term in a contract, the writ petition is tenable at law under Section ... Looking to the facts of the present case, the term of contract is unfair, unconscionable and against the public policy. In this situation
such unconscionable terms qua their enforceability under American practice with a nod of approval.
"If a contract or term thereof is unconscionable ... contract or may enforce the remainder of the contract without the unconscionable term or may so limit the application of any unconscionable term
term thereof
shall be treated as unfair if the contract or terms thereof are by themselves
harsh, oppressive or unconscionable.
Sec. 13 contains guidelines ... Court, to strike
down the unconscionable terms, but only enables raising a presumption.
What does the term "unconscionable" mean? We may look
Indian Contracts Act, 1872.
C. Contract of Employment - Whether an unconscionable
term in a contract of employment is void under section 23 of
the Indian ... vast majority of cases, however, such
contracts with unconscionable term are entered into by the
weaker party under pressure of circumstances, generally
economic, which results
Assistant General Manager State Bank Of ... vs Radhey Shyam Pandey on 2 March, 2020
Equivalent
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
appellant is that
inadequacy of the consideration amount and the
unconscionable terms of the contract were completely
overlooked by the learned court below while passing ... learned
counsel for the appellant regarding inadequacy of the
consideration amount, unconscionable terms of the contract
and the alleged hardship caused to the appellant
sufficient to show
that Regulation 5 & 6 per se depict unconscionable terms of
contract of employment. It is also submitted by learned Senior
Counsel ... petitioners.
34. Countering the arguments of the petitioners about
unreasonable and unconscionable terms of the employment, it is
argued by learned counsel Mr. Mathur that
transactions. However, by exception, when the terms are
oppressive or one-sided, they are to be termed as unconscionable, arbitrary and
by application of externalities ... follows:
“Section 208. Unconscionable Contract or Term
If a contract or term thereof is unconscionable at the time the contract is made a
court
