...”, and how and in what circumstances the hiba-bil-ewaz was an “unfair” or unconscionable transaction. In short, no material particulars showing that the transaction was vitiated by undue influence were...transaction is unconscionable,the burden shifts on the party benefiting by the transaction to show that it was not induced by undue influence. If either of these two...emerges, which is of the onus probandi. If the transaction appears to be unconscionable, then the burden of proving that it was not induced by undue influence is to lie upon the person who was in a...

...unconscionable transaction and hence the sale deed dated 11-7-1983 was liable to be set aside. Aggrieved Mahadevan filed a second appeal, which was allowed by the impugned judgment...

...issue a third point emerges, which is that of the onus probandi. If the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence is to...at the date of the deed of gift). Nor did the High Court find that the transaction was an unconscionable one. The learned Judges made presumptions which were neither warranted by law nor supported by...unconscionable transaction. Moreover, we cannot lose sight of the fact that if Balaram was exercising undue influence over his father he did not go to the length of having the deed of gift in his own name...

...another enters into a 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 such contract was not induced by undue...position to dominate the will of Chhotey Lal and his wife and further that the deed of gift relied on by the appellants was her unconscionable transaction in so far as the executant thereof deprived...themselves thereby of the only immovable property they possessed and for no consideration whatsoever. It shall thus appear to be a case of unconscionable transaction on the face of it. In these...

...unconscionable transaction and that the case was not a fit one for passing a decree for specific performance of the agreement. The learned Judge, however, held that the plaintiff was entitled to a decree for...the said decree, the 1st defendant has preferred the earlier appeal, wherein it is contended that on the finding recorded by the trial Court viz., that Ex. A-8 represented an unconscionable transaction, the...public policy but nevertheless held that it was extortionate and unconscionable so as to be inequitable against the borrower. On this conclusion, they affirmed the decision of the High Court...

...unconscionable transaction. Elaborating this, the learned counsel pointed out that the rights of parties had to be decided as on the date when the lease deed under Ex. A1 was executed, viz., 31st January, 1958.... 1977 I M.L.J 231. to contend that to grant a decree for specific performance would be to enforce a wholly unfair and unconscionable transaction and therefore, the rel...that to grant a renewal on the same terms and conditions for a further period of 20 years, would amount to enforcing an unfair and unconscionable transaction. In the absence of any material to show that...

...another, enters into a 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 such contract was not induced by...doctrine of unconscionability of contract, nevertheless, in the statutory realm of Indian Contract, it may be able to say that unconscionability is a species of genus undue influence. An unconscionable...transaction arises in contract law where there is an overwhelming imbalance in the power relationship between the parties.10. The British Columbia Court of Appeal, Canada in...

...unconscionable. In case of unconscionable transaction onus, lies upon the party suggesting that the document, in question, is free from any taint or doubt, I am satisfied that the court of appeal below has...them who deal with her to establish that she had the capacity of understanding that she entered into the transaction voluntarily and with full knowledge and import of what the transaction meant...transaction entered into with a pardanashin lady to establish that the said document was entered into by her after clearly understanding the nature of the transaction. Applying this test, therefore...

...cheque dishonoured, by way of complaint related to an unconscionable transaction.3. Per contra, the learned counsel for the complainant contended that finding on fact entered by the...compensation. The realisation of interest at the rate of 24%, no doubt, is unconscionable, and the court cannot recognise a transaction claiming such high rate of interest. Such being the fact situation...transaction with the complainant, which to a great extent probabalised by the materials tendered on record, has not been correctly appreciated is the submission of the counsel. Similarly, the contention of...

...the deed of gift. The same was challenged on the grounds that the defendant was no relation of hers and the same was vitiated by misrepresantation and fraud and the same was an unconscionable...transaction as she had been deprived of the entire land held by her for no consideration. It was further pleaded by the plaintiff that no sane person would deprive herself of her entire property the value of...by reason of age, illness, or mental or bodily distress.(3) Where a person who is in a pesitions to dominate the will of another enters into a contract with him and the transaction...

...used that position to obtain an unfair advantage over him. It is only if the transaction appears to be unconscionable that, by sub-section (3), the burden of proving that the contract was not induced...Sheodutt and that the transaction appeared to be unconscionable the onus will be shifted on the donees to show that Sheodutt was not induced to make the gift by undue influence and he had the opportunity to...will of Sheodutt and, I inasmuch as the transaction was unconscionable, I the plaintiffs have to satisfy the court that they did not abuse their position and that the deed of gift was not brought about...

..., the circumstances under which Ext. 104 came into existence were different. As indicated by us no unconscionable transaction was entered into by the Plaintiff between the mortgage deed and the document...helpless against the dominating person, whether he could have had no Independent advice to enable him to arrive at an independent judgment and whether the transaction was so unconscionable, as it would have...unconscionable bargain? If that is not so, it is not at all possible to hold that the mortgage transaction in question is vitiated on any ground, much less on the ground alleged by the defendant...

...him namely that he is in a position to dominate he will of another and the transaction appears on the fact of it or on the vidence adduced to be unconscionable. (334 D-H] Thums...relationship of the parties as required in s. 16(1), nor did it find that the transaction was unconscionable. Therefore the presumptions made by it were unwarranted by law. [335 D; 339 C...each other. Nor could the fact that a grandfather made a gift of a portion of his properties to his only grandson a few years before his death show that the transaction was unconscionable. [335 E; 341...

...were obtained on blank papers and these documents were subsequently converted into agreement to sell. Otherwise too, agreement to sell is an unconscionable transaction. Reference was also made to the...decided to be sold for a sum of Rs. 45,000/- only. Such an agreement per se can be termed to be unconscionable. In fact, there was some dispute between the appellant and other residents of Mohalla...

...of sale is unconscionable transaction and the Court should not have exercised discretion under section 20 of the...agreed to sell the suit land to the plaintiff and that the said transaction was in fact a loan transaction. It was contended that they were in need of Rs. 550/- for their day-to-day necessity and the...

...existence were different. As indicated by us no unconscionable transaction was entered into by the Plaintiff between the mortgage deed and the document of 1953.23. The correspondence...had no Independent advice to enable him to arrive at an independent judgment and whether the transaction was so unconscionable, as it would have revolted against the conscience of the Court. The fact...as pleaded?(2) Does defendant prove that the lease transactions of 20-5-1948 and 13-3-53 and the transactions covered under the suit mortgage are all one and the same transaction...

...‘constructive fraud’, which defies definition which has to be taken into account. If the result of dismissing the bank's application would be to close an unconscionable transaction in favour of the...very unconscionable transaction in its favour. The net effect of the whole deal is that while the bank would barter away the claim of about Rs. 22 lacs or some such heavy sum for Rs. 1.54 lacs, the...is assailed the same cannot be said in respect of unilateral transaction of withdrawal. In the latter case the doctrine of ‘constructive fraud’ has to be applied.14. The cases cited by...

...plaintiff and is the said transaction under undue influence and not unconscionable? IX. Is the plaintiff entitled to get the gift deed dated 01. 12. 1998 standing in the name of defendant No. 2 cancelled...01. 12. 1998 executed by the plaintiff in favour of the defendant No. 2 is valid and operative document and free from coercion, undue influence and unconscionable transaction?Patna High Court SA No...Transfer of Property Act does not prescribe any particular mode of acceptance and it is the circumstances attending to the transaction which may be relevant f...

...Mr. Soumya Dutta were agents of Defendant No. 2 and both parties, acted in cahoots to fraudulently induce the Plaintiff herein to enter into a grossly unconscionable transaction……***************Parawise...counterparties where Mr. Soumya Dutta and/or Eforexindia has facilitated/brokered/consulted the transaction?f) Has any representative or official of Defendant No. 2, including the Managing...Director, met/interacted with Mr. Soumya Dutta and/or Eforexindia, other than in respect of the transaction with the Plaintiff?g) Has Respondent No. 2 executed any agreement with Mr. Soumya...

...fraud played on her by the defendants and the transaction under Ext.A1 was unconscionable. According to her, she did not intend to assign her undivided share for any consideration nor did she have any...doubt, undisputed. But the question is whether the parties as on Ext.A1 date stood in fiduciary relationship and the impugned document contained an unconscionable transaction. 14...of the plaintiff and the second defendant was not brought up as a fostered daughter. It is contended that Ext.A1 is not an unconscionable disposition but on the other hand, the undivided share of the...