chooser" therefore, such contract entered into by
the petitioner must be treated as a unconscionable contract in
the light ... Nath
Ganguly and another ). Such contract must be treated as a
void contract. The petitioner must be treated as reinstated
3
notionally from the date
The Tata Power Company Limited Through ... vs Jharkhand Urja Vikas Nigam Limited ... on 19 November
that
purpose a decision by the Arbitral Tribunal that the contract is null and void
shall not entail ipso-jure the invalidity of the arbitration ... further provides that even if the Tribunal concludes that
the contract is null and void, it should not result as a matter
unreasonable, therefore being opposed to public policy are void under the law of Contract. Concept of unconscionableness, unfairness, unreasonableness were dealt with elaborately ... unreasonable, therefore being opposed to public policy are void under the law of Contract. Concept of unconscionableness, unfairness, unreasonableness were dealt with elaborately
supra) but there was no finding or direction in that
decision regarding contracts concluded under the said scheme prior to the
challenge, warranting refund ... that after a contract is completed, the Court cannot
reopen the same unless the Court finds the contract is void or voidable
issued under a mistake of fact, it would be void under Section 20
of the Contract Act and the said letter should, therefore, be ignored ... based on a mistake
of fact and would be void under Section 20 of the Contract Act. We are
afraid we are not able
conduct of the parties that neither the
contract was revocable nor it had become void for any reason. Thus, the
provision of Section ... parties, it appears that neither the
contract was revocable nor it had become void for any reason whatsoever.
Hence, provision of Section
Csepdi-Trishe Consortium vs Tamilnadu Generation And Distribution on 16 June, 2015
Author: K.Ravichandrabaabu
which Limited
Tender Enquiry can be floated were specified and finding the
contract in that case to be not fulfilling the said criteria, the
challenge ... Tender Enquiry and the Rate
Contract to be violative of DGS&D‟s own Manual and illegal and void.
Accordingly, the same be removed
also submitted an undertaking.
28. The principle of law, under which unconscionable contract
can be struck down, are now recognized by the Indian Judiciary System ... Section 23 of the Contract Act,
which provides that a contract which is opposed to public policy, would
be void, that the public policy
