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Report No. 103

Chapter 3

Inadequacy of the Present Indian Statute Law

3.1 Section 23, Contract Act held not applicable.-

As early as 1909, Shankaran Nair, J.1 in his dissenting judgment expressed the opinion that section 23 of the Contract Act hits such exemption clauses; but this view has been rejected by the High Courts in later decisions, already referred to.2

1. Shaikh Mohd. Ravuther v. B.I.S.N. Co., 1909 ILR 32 Mad 95.

2. Paras. 2.3 and 2.4, supra.

Unfair Terms in Contract Back

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