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Indian 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.....

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Sale of Goods Act, 1930 Chapter VI

Title: Suits for Breach of the Contract

State: Central

Year: 1930

.....the seller the breach of warranty in diminution or extinction of the price; or (b) sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage. Section 60 - Repudiation of contract before due date Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach. Section 61 - Interest by way of damages and special damages (1) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed. (2) In the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of the price-- (a) to the seller in a suit by him for the amount of the.....

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Geneva Convention Act 1960 Section 3

Title: Punishment of Grave Breaches of Conventions

State: Central

Year: 1960

.....other case, with imprisonment for a term which may extend to fourteen years. (2) Sub-section (1) applies to persons regardless of their nationality or citizenship. (3) For the purposes of this section,- (a) a grave breach of the First Convention is a breach of that Convention involving an act referred to in article 50 of that Convention committed against persons or property protected by that Convention; (b) a grave breach of the Second Convention is a breach of that Convention involving an act referred to in article 51 of that Convention committed against persons or property protected by that Convention; (c) a grave breach of the Third Convention is a breach of that Convention involving an act referred to in article 130 of that Convention committed against persons or property protected by that Convention; and (d) a grave breach of the Fourth Convention is a breach of that Convention involving an act referred to in article 147 of that Convention committed against persons or property protected by that Convention.

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Indian Contract Act, 1872 Section 73

Title: Compensation for Loss or Damage Caused by 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.....

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Sale of Goods Act, 1930 Section 59

Title: Remedy for Breach of Warranty

State: Central

Year: 1930

(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may-- (a) set up against the seller the breach of warranty in diminution or extinction of the price; or (b) sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

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Indian Penal Code (45 of 1860) Section 405

Title: Criminal Breach of Trust

State: Central

Year: 1860

.....of trust. (e) A, a re venue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with properly to be carried by land or by water. A dishonestly misappropriates the properly. A has committed criminal breach of trust. ________________________ 1. Inserted by Act 40 of 1973, section 9 (w.e.f. 1-11-1973). 2. Explanation renumbered as Explanation I by Act 38 of 1975, section 9 (w.e.f. 1-9-1975). 3. Inserted by Act 33 of 1988, section 27 (w.e.f. 1-8-1988). 4. Inserted by Act 38 of 1975, section 9 (w.e.f. 1-9-1975).

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Indian Trusts Act, 1882 Section 23

Title: Liability for Breach of Trust

State: Central

Year: 1882

.....or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of the facts of the case and of his rights as against the trustee. A trustee commuting a breach of trust is not liable to pay interest except in the following cases:-- (a) where he has actually received interest; (b) where the breach consists in unreasonable delay in paying trust-money to the beneficiary; (c) where the trustee ought to have received interest, but has not done so; (d) where he may be fairly presumed to have received interest. He is liable, in case (a), to account for the interest actually received, and, in case (b), (c) and (d), to account for simple interest at the rate of six per cent, per annum, unless the court otherwise directs; (e) where the breach consists in failure to invest trust-money and to accumulate the interest or dividends thereon, he is liable to account for compound interest (with half-yearly rests) at the same rate; (f) where the breach consists in the employment of trust-property or the proceeds thereof in trade or business, he is liable to account, at the opinion of the beneficiary,.....

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Karnataka Municipal Corporations Act, 1976 Section 424

Title: Power to Give Retrospective Effect to Certain Bye-laws and Penalties for Breaches of Bye-laws

State: Karnataka

Year: 1976

(1) Bye-laws with regard to the drainage of, and supply of water to, buildings and water-closets, earth closets, privies, ash-pits and cess-pools in connection with buildings and the keeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before the making of bye-laws under this Act. (2) In making any bye-law under sections 423 and this section the corporation may provide that a breach thereof shall be punishable.-- (a) with fine which may extend to fifty rupees, and in case of a continuing breach, with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the Commissioner to discontinue such breach.

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Industrial Disputes Act, 1947 Section 29

Title: Penalty for Breach of Settlement or Award

State: Central

Year: 1947

.....failure to comply with an order issued under section 10B.--Any person who fails to comply with any provisions contained in any order made under sub-section (1) of section 10B, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine: Provided that the Court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months." 4Kerala After section 29, insert the following section, namely:-- "29A. Penalty for failure to comply with an order issued under section 10B.-- Any person who fails to comply with any provisions contained in any order made under sub-section (1) of section 10B shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine." 5Tamil Nadu After section 29, insert the following section, namely:-- "29A. Penalty for failure to comply with an order issued under section 10B.--Any person who fails to comply with any provisions contained in an order made under sub-section (1) of section 10B shall be punishable with imprisonment for a term which shall not be.....

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Indian Trusts Act, 1882 Section 68

Title: Liability of Beneficiary Joining in Breach of Trust

State: Central

Year: 1882

Where one of several beneficiaries-- (a) joins in committing breach of trust, or (b) knowingly obtains any advantage therefrom, without the consent of the other beneficiaries, or (c) becomes aware of a breach of trust committed or intended to be committed, and either actually conceals it, or does not within a reasonable time take proper steps to protect the interests of the other beneficiaries, or (d) has deceived the trustee and thereby induced him to commit a breach of trust, the other beneficiaries are entitled to have all his beneficial interest impounded as against him and all who claim under him (otherwise than as transferees for consideration without notice of the breach) until the loss caused by the breach has been compensated. When property has been transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in this section applies to such property during her marriage.

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