Case Comment: Unequal Bargains and Unconscionable Terms: Central Inland Water Transport v Brojo Nath Ganguly

S, Vaisini (2026) Case Comment: Unequal Bargains and Unconscionable Terms: Central Inland Water Transport v Brojo Nath Ganguly. Jus Corpus Law Journal, 6 (3). pp. 8-13. ISSN 2582-7820

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Abstract

Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly1 is a Supreme Court case that marked history by expanding the words of Section 23 of the Indian Contract Act 1872. This case involves invalidating an employment contract that went against the public policy, as prescribed in Section 23. The main question which was involved in this case is whether a government-owned company could draft a standard form service rule that is to terminate permanent employees, without giving any explanation. The case also talks about whether the wording of Section 23 can strike down such a contract. The judgment is a shift from laissez-faire freedom of contract to a more fairness-based review of contracts. This interpretation was especially required when the other party was a state- owned company. Ever since this judgment came in 1986, Brojo Nath Ganguly3 has acted as a standard authority
to rule upon the cases involving unconscionable employment contracts in the Indian Contract Act.

Item Type: Article
Uncontrolled Keywords: Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly | Employment contract | Case Comment
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Vol/Issue no. published date: May 2026
Depositing User: Mr. Syed Anas
Date Deposited: 01 Jun 2026 04:22
Last Modified: 01 Jun 2026 04:22
Official URL: https://www.juscorpus.com/wp-content/uploads/2026/...
URI: https://pure.jgu.edu.in/id/eprint/11455

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