...appointment he was actually paid Rs. 21000/- per month and the learned Division Bench held this to be exploitation on the sheer strength of the unequal bargaining power and it was held as under...unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bargaining power. These cases can neither be enumerated nor fully illustrated. The court must judge each...:“7. This case reflects a sorry state of affairs where the respondents on the sheer strength of its bargaining power have taken advantage of their position and imposed wholly un-equitable and...

...Articles 14 and 16 of the Constitution, and that the freedom of contract was rendered illusory by an unequal bargaining power between a citizen seeking appointment to public service on the...the so-called unequal bargaining power of the parties did not have any relevance or role to play in the facts and circumstances of the case. Question 1 is answered accordingly...treatment or unequal bargaining power between the appellant and the respondent to call for an over-sympathetic or protective approach towards the latter.42. We need to remind...

...standard form of contract where there was inequality of bargaining power.36. In Photo Production Ltd. v. Securicor Transport Ltd. (1978) 3 All ER 146, 1980 AC 827 considering the Unfair Contract Terms Act, 1977, Lord Wilberforce during the course of his speech emphasised the unequal bargaining...myriad situations which result in unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bargaining power. These cases can neither be enumerated nor fully.... There can be myriad situations which result in unfair and unreasonable bargain between parties which possess wholly disproportionate and unequal bargaining power. The Court must judge each case on...

...Clause 25-A incorporated in the agreement was a result of the unequal bargaining power of the parties and since the Government is not required to make the deposit, it is unconscionable and, therefore...hand supported the judgment of the High Court.8. It is to be noted that the plea relating to unequal bargaining power was made with great emphasis based on certain...decision does not in any way assist the appellant, because at para 89 it has been clearly stated that the concept of unequal bargaining power has no application in case of commercial contracts...

...aforesaid clauses on the ground of unequal bargaining power. It was contended that GAIL occupied a monopolistic position in respect of supply of gas at the time of entering into the contract. Additionally...invalidated the aforementioned clauses on the ground of unequal bargaining power and arbitrariness/unfairness. Third, whether monetary relief in the form of refund could have been granted after the order...unequal bargaining power at the time of signing the contract.23. In fact, the contractual exercise of providing such a clause runs contrary to every commercial and...

...prospectively from the date of regularization of services.6.2 Referring to the unequal bargaining power of the teachers, the learned counsel contends that an undertaking obtained from them...unequal bargaining power of the State vis-a-vis the teachers who were desperate for salaries and regularization, the Clause incorporated by the State through unequal bargaining power is nothing but an...curtailed and the said power is vested only on the Director of Elementary Education. They also seek disbursal of their current and arrear salaries.3. At the very outset, it is submitted...

..., including subsidence, Apprehending grounds loosing, lastly it was urged by learned counsel for respondent that there were circumstances to hold that there was unequal bargaining power exercised by the...

...to purchase orders which had been placed before 05.04.2017. 9. Sri. P. Roy Reddy, would submit that due to the economic duress and unequal bargaining power between the...petitioner, had executed the undertaking with the full knowledge of consequences and without being under any duress. He submits that the present contention, of economic duress and unequal bargaining power, is...purchase orders placed before 05.04.2017. The petitioner had given such an undertaking and repudiated the same now on the ground of financial duress and unequal bargaining power. 15...

...therefore, Clause 37 of the contract is arbitrary, discriminatory and unconscionable. She states that since the Petitioner has no say on the terms of the contract and there was unequal bargaining power, the.... 15. The contention of the Petitioner that there is an unequal bargaining power in the contract, and therefore, Clause 37 of the contract should be struck down...: "8. It is to be noted that the plea relating to unequal bargaining power was made with great emphasis based on certain observations made by this Court in...

...bargaining power relative to the other party, any terms and conditions which are unreasonable may not be enforced as against the party with lower bargaining power. (1986) 3 SCC 156, (2021) 3 SCC 241, (2022) 3 SCC 655 In Central Inland Water Transport Corpn. v. Brojo Nath Ganguly (1986) 3 SCC 156, this Court held that whether parties can be said to have unequal bargaining...result in unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bargaining power. These cases can neither be enumerated nor fully illustrated. The court must...unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. It is difficult to give an exhaustive list of all...

...there is unequal bargaining power, between private persons and the State, are liable to be set aside on the ground that they are unconscionable, does not apply where both parties are businessmen and the...the concept of unequal bargaining power has no application in the case of commercial contracts. It then went on to hold: (S.K. Jain case (2009) 4.... The learned counsel appearing on behalf of the appellant has argued that the arbitration clause contained in the tender condition amounts to a contract of adhesion, and since there is unfair bargaining...

...proposed additional written statement, the defendant wanted to highlight that because of unequal bargaining power between the parties, the defendant was forced to enter into the agreement. In essence, the...agreement which was originally accepted to be mutual and voluntary, was characterised to be illicit, on the ground that the defendant was at a disadvantageous position because of unequal bargaining power. Learned...

...paid Rs. 21000/- per month and the learned Division Bench held this to be exploitation on the sheer strength of the unequal bargaining power and it was held as under:“7. This case...bargains between parties possessing wholly disproportionate and unequal bargaining power. These cases can neither be enumerated nor fully illustrated. The court must judge each case on its, own facts and...reflects a sorry state of affairs where the respondents on the sheer strength of its bargaining power have taken advantage of their position and imposed wholly un-equitable and unreasonable condition of...

...principles of law that may have a bearing on this case. There is no element of an unequal bargaining power involved. Nobody has forced the respondent to enter into a contract. He indeed was an employee..., rules were in place for a regular employment, and the post filled was a bottom-line post. The concept of bargaining power was thus rightly applied by this Court. The grievance was also in tune with...other cases as well.PRIMARY FACTS:3. Central Power Research Institute (CPRI) is an autonomous body registered as a society under the Karnataka...

...unequal bargaining power. The Department being a Welfare State cannot be heard to adopt such argument as canvassed with reference to the expression “if required”. The Government cannot be heard to deny...of the Policy dated 3-7-1976. Even the argument of the original applicants that the interpretation of expression “if required” occurring in Regulation 269(1) bestows unequal bargaining power on the..., we fail to understand as to how such dispensation can be termed as unequal bargaining power. The consequence of not placing the Sailor concerned to the Fleet Reserve Service may result in deprivation...

...parties having unequal bargaining power resulting in transfer of title from one to another due to force of circumstances and also seeks to restitute the parties to their original position. Quite recently...to inequality of bargaining power, if someone without independent advice, enters into a contract on terms which are very unfair or transfers property for a consideration which is grossly inadequate...when his bargaining power is grievously impaired by reason of his own need or circumstances, or by his own ignorance or infirmity, coupled with undue influences or pressures brought to bear on him by...

...Deputy Commissioner, indulge in exploitation on the sheer strength of its unequal bargaining power?11. A learned Division Bench of this Court in LPA No. 132 of 2014 titled Dr...appointment he was actually paid Rs. 21000/- per month and the learned Division Bench held this to be exploitation on the sheer strength of the unequal bargaining power and it was held as under...unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bargaining power. These cases can neither be enumerated nor fully illustrated. The court must judge each case...

...agreement to be valid should be the result of fee consent and unequal bargaining power is really concerned with the question of free will. It was further observed that other circumstances to be seen...appellants submitted that when there are unfair and unreasonable terms & conditions in the agreement and parties are not equal in bargaining power, Courts will strike down unfair and unreasonable contract. He...not in equal bargaining power. In para 89 of the judgment, an example was given that such condition will apply to situation in which the weaker party is in a position to obtain goods or services or...