gift on several grounds, including the ground that it was an unconscionable transaction and that Sheodutt was both bodily and mentally incapable of executing ... influence and found that the deed of gift was not an unconscionable transaction and it was not executed under undue influence. It has already been
other, advised and misled the
Plaintiff into entering into the grossly unconscionable
transactions for their mutual benefit. It is submitted that
this ... fraudulently induce the Plaintiff herein to enter into a
grossly unconscionable transaction......
***** ***** *****
Parawise reply - 6. ........It is denied that it was infact the
Plaintiff, through
differently, positive proof that the transaction is unconscionable is dispensed with to raise a statutory presumption and the statutory presumption would be in force until ... transaction was in a position to dominate the will of the other and that the transaction is shown to be unconscionable. If either of these
there may be some money lenders who may not be doing unconscionable transactions or that there may be some cases where the mortgagors possessed more ... money for conferring benefit on the mortgagor, the victim of the unconscionable transaction. But it seems neither just nor reasonable to restrict the aforesaid legal
Court will not decree specific performance of an unfair and unconscionable transaction. Elaborating this, the learned Counsel pointed out that the rights of parties ... specific performance would be to enforce a wholly unfair and unconscionable transaction and therefore, the relief should be refused.
8. The terms upon which
effects on his interest and that there is nothing unconscionable in
the transaction and further denied the plaint averment that the property is
worth ... lakhs in the year 1993 and therefore
the transaction is obviously unconscionable . The trial court also opined
that if Ext.B4 sale deed
which requires or compels courts to implement harsh,
unequal and unconscionable transactions providing for
payment of compound interest or usurious rates of interest
by depriving
required in s. 16(1) , nor did it find that the transaction
was unconscionable. Therefore the presumptions made by it
were unwarranted ... before his death is not on the
face of it an unconscionable transaction. Moreover, we
cannot lose sight of the fact that if Balaram
position to
dominance and the transactions entered into on
16th October 1945 appear to be unconscionable
; and
(d) that the burden of proof that ... contract with him, and the transaction
appears, on the face of it or on the
evidence adduced, to be unconscionable, the
burden of proving that
emerges,
which is that of the onus probandi. If the transaction appears to be
unconscionable, then the burden of proving that the contract ... will of the
other conferring the benefit, and
(b) that the transaction is unconscionable,
the burden shifts on the party benefiting by the transaction
