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TypeBare Act JurisdictionCentral Government

Indian Contract Act, 1872 Chapter 5

Of Certain Relations Resembling Those Created by Contract

~3 min read
https://sooperkanoon.com/act/14388

Bare act section · Research

About this section

Indian Contract Act, 1872 Chapter 5 is part of Indian Contract Act, 1872 - Of Certain Relations Resembling Those Created by Contract. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.1

Illustrations

(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property.

(b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B's property.

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1. The property of a Government ward in the Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899 (C.P. Act 24 of 1899), section 31(I).

Section 69 - Reimbursement of person paying money due by another, in payment of which he is interested

A person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other.

Illustration

B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of B's lease. B, to prevent the sale and the consequent annulment of his own lease, pays to the Government the sum due from A. A is bound to make good to B the amount so paid.

Section 70 - Obligation of person enjoying benefit of non-gratuitous act

Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.1

Illustrations

(a) A, a tradesman, leaves goods at B's house by mistake. B treats the goods as his own. He is bound to pay A for them.

(b) A saves B's property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously.

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1 . As to suits by minors under section 70 in Presidency Small Clause Courts see the Presidency Small Cause Courts Act, 1882 (15 of 1882), section 32.

Section 71 - Responsibility of finder of goods

A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee.1

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1 . See section 151 and 152, infra.

Section 72 - Liability of person to whom money is paid or thing delivered by mistake or under coercion

A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.

Illustrations

(a) A and B jointly owe 100 rupees to C, A alone Pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B.

(b) A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive.

Frequently asked questions

What does Indian Contract Act, 1872 Chapter 5 provide?

Section Chapter 5 of the Indian Contract Act, 1872 (Of Certain Relations Resembling Those Created by Contract) is reproduced on this page as part of the Indian Contract Act, 1872. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Indian Contract Act, 1872 Chapter 5?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Indian Contract Act, 1872 Chapter 5. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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