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Report No. 13

41. Section 16.-

There are some cases in which on principles of equity, relief has been given against a hard and unconscionable bargain, even though there was no question of undue influence involved.1 We favour the view taken in Kesavulu v. Arithulai Amma, 36 Mad 533 that unless undue influence is proved, no relief can be given on the ground of unconscionableness of a contract.

1. E.g., Kirparam v. Sami-ud-din, 25 All 284.

This section needs no change.

42. Section 17.- No change appears to be necessary in section 17.

Indian Contract Act, 1872 Back

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