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Start Free TrialIndian Contract Act, 1872 Chapter 6
Title: Of the Consequences of Breach of Contract
State: Central
Year: 1872
.....in advance. A repairs the house, but not according to contract. B is entitled to recover from A the cost of making the repairs conform to the contract. (g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, and, on the first of January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way of compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a year on and from the first of January. (h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the difference between the contract price of the iron and the sum for which A could have obtained and delivered it. (i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A's mill, informing B that his mill is stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, loses a profitable.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 74
Title: Compensation for Breach of Contract Where Penalty Stipulated for
State: Central
Year: 1872
.....loan of Rs.1,000 by five equal monthly instalments, with a stipulation that, in default, of payment of any instalment the whole shall become due. This stipulation is not by way of penalty, and the contract may be enforced according to its terms. (g) A borrows Rs.100 from B and gives him a bond for Rs.200 payable by five yearly instalments of Rs.40, with a stipulation that, in default of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.] _________________________ 1. Substituted by Act 6 of 1899, section 4, for the first paragraph of section 74. 2. Added by Act 6 of 1899, section 4 3. Substituted by the A.O. 1937, for "Government of India". 4. Inserted by the A.O. 1950, for "Provincial Government".
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 19A
Title: Power to Set Aside Contract Induced by Undue Influence
State: Central
Year: 1872
1 [Power to set aside contract induced by undue influence When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the by party whose consent was so caused. Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just. Illustrations ( a) A's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside. (b) A, a money-lender, advances Rs.100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6 percent per month. The Court may set the bond aside, ordering B to repay the Rs.100 with such interest as may seem just.] ______________________ 1. Inserted by Act 6 of 1899, section 3.
View Complete Act List Judgments citing this sectionBonded Labour System Abolition Act, 1976 Chapter II
Title: Abolition of Bonded Labour System
State: Central
Year: 1976
(1) On the commencement of this Act, the bonded labour system shall stand abolished any every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour. (2) After the commencement of this Act, no person shall (a) make any advance under, or in pursuance of, the bonded labour system, or (b) compel any person to render any bonded labour or other form of forced labour. Section 5 - Agreement, custom, etc., to be void On the commencement of this Act, any custom or tradition or any contract, agreement or other instrument (whether entered into or executed before or after the commencement of this Act) by virtue of which any person, or any member of the family or dependent of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative.
View Complete Act List Judgments citing this sectionBonded Labour System Abolition Act, 1976 Section 18
Title: Punishment for Extracting Bonded Labour Under the Bonded Labour System
State: Central
Year: 1976
Whoever enforces after the commencement of this Act, any custom, tradition, contract, agreement or other instrument, by virtue of which any person or any member of the family of such person or any dependent of such person is required to render any service under the bonded labour system, shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day for which the bonded labour was extracted from him.
View Complete Act List Judgments citing this sectionBonded Labour System Abolition Act, 1976 Chapter III
Title: Extinguishment of Liability to Repay Bonded Debt
State: Central
Year: 1976
.....of being heard, direct the creditor to restore to the applicant the possession of the concerned property within such time as may be specified in the order. (7) An order made by any prescribed authority, under sub-section (6), shall be deemed to be an order made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally works for gain. (8) For the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this Act, in execution of a decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of this Act: Provided that the bonded labour, or an agent authorised by him in this behalf, may, at any time within five years from such commencement, apply to have the sale set aside on his depositing in court for payment to the decree-holder, the amount specified in the proclamation of sale, for the recovery of which the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such proclamation of sale, have been.....
View Complete Act List Judgments citing this sectionBonded Labour System Abolition Act, 1976 Section 6
Title: Liability to Repay Bonded Debt to Stand Extinguished
State: Central
Year: 1976
.....of being heard, direct the creditor to restore to the applicant the possession of the concerned property within such time as may be specified in the order. (7) An order made by any prescribed authority, under sub-section (6), shall be deemed to be an order made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally works for gain. (8) For the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this Act, in execution of a decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of this Act: Provided that the bonded labour, or an agent authorised by him in this behalf, may, at any time within five years from such commencement, apply to have the sale set aside on his depositing in court for payment to the decree-holder, the amount specified in the proclamation of sale, for the recovery of which the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such proclamation of sale, have been.....
View Complete Act List Judgments citing this sectionRemittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991 Chapter III
Title: Investment in Foreign Exchange Bonds
State: Central
Year: 1991
.....commenced against any of the persons referred to in clause (a) under any of the said Acts on the ground that such person owns such Bonds; (c) the fact that any of the persons referred to in clause (a) owns such Bonds shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any of the said Acts. (2) Nothing in sub-section (1) shall apply to foreign exchange which is required to be brought into India under any of the provisions of-- (i) the Foreign Exchange Regulation Act, 1973 (46 of 1973); or (ii) the Income-tax Act, 1961 (43 of 1961), read with the Foreign Exchange Regulation Act, 1973 (46 of 1973), if the period within which such foreign exchange is to be brought into India has not expired or where such period has been extended, in any manner, by the Central Government or the Reserve Bank of India or any other authority, such extended period has not expired on the date of commencement of this Act. Section 7 - Foreign Exchange Bonds not to be taken into account In certain cases Without prejudice to the generality of the provisions of section 6,-- (a) the provisions of.....
View Complete Act List Judgments citing this sectionBonded Labour System Abolition Act, 1976 Complete Act
Title: Bonded Labour System Abolition Act, 1976
State: Central
Year: 1976
.....not to be evicted from homestead, etc Section9 - Creditor not to accept payment against extinguished debt Chapter IV Section10 - Authorities who may be specified for implementing the provisions of this Act Section11 - Duty of District Magistrate and other officers to ensure credit Section12 - Duty of District Magistrate and officers authorised by him Chapter V Section13 - Vigilance Committees Section14 - Functions of Vigilance Committees Section15 - Burden of proof Chapter VI Section16 - Punishment for enforcement of bonded labour Section17 - Punishment for advancement of bonded debt Section18 - Punishment for extracting bonded labour under the bonded labour system Section19 - Punishment for omission or failure to restore possession of property to bonded labourers Section20 - Abetment to bean offence Section21 - Offences to be tried by Executive Magistrates Section22 - Cognizance of offences Section23 - Offences by companies Chapter VII Section24 - Protection of action taken in good faith Section25 - Jurisdiction of civil courts barred Section26 - Power to make rules Section27 - Repeal and saving
List Judgments citing this sectionSpecial Bearer Bonds (Immunities and Exemptions) Act, 1981 [Repealed] Section 4
Title: Acquisition, Etc., of Bonds Not to Be Taken into Account for Certain Proceedings
State: Central
Year: 1981
.....not be taken into account for the purpose of any proceedings under the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act), the Wealth-lax Act, 1957 (27 of 1957) (hereinafter referred to as the Wealth-tax Act), or the Gift-tax Act, 1958 (18 of 1958) (hereinafter referred to as the Gift-tax Act) and, in particular, no person who has subscribed to, or has otherwise acquired, the said Bonds shall be entitled-- (a) to claim any set off or relief in any assessment, reassessment, appeal, reference or other proceeding under the Income-tax Act or to reopen any assessment or reassessment made under that Act on the ground that he has subscribed to or has otherwise acquired the said Bonds; (b) to claim, in relation to any period before the date of maturity of the said Bonds, that any asset which is includible in his net wealth for any assessment year under the Wealth-tax Act has been converted into the said Bonds; or (c) to claim, in relation to any period before the date of maturity of the said Bonds, that any asset held by him or any sum credited in his books of account or otherwise held by him represents the consideration received by him for the.....
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