Indian_Real_Estate_Law (2)
Indian Real Estate Laws 160consequence, arriving too late in Sydney, losesa sum of money. A is liable to repay to Bhis deposit, with interest, and the expense towhich he is put by his detention in Calcutta,and the excess, if any, of the passage-moneypaid for the second ship over that agreed uponfor the first, but not the sum of money whichB lost by arriving in Sydney too late. (r) A,a ship owner, contracts with B to convey himfrom Calcutta to Sydney in A’s ship, sailingon the first of January, and B pays to A, byway of deposit, one-half of his passage-money.The ship does not sail on the first of January,and B, after being, in consequence, detainedin Calcutta for some time, and thereby put tosome expense, proceeds to Sydney in anothervessel, and, in consequence, arriving too latein Sydney, loses a sum of money. A is liableto repay to B his deposit, with interest, andthe expense to which he is put by his detentionin Calcutta, and the excess, if any, of thepassage-money paid for the second ship overthat agreed upon for the first, but not the sumof money which B lost by arriving in Sydneytoo late." 74 Compensation for breach of contractwhere penalty stipulated for:- 34 [Whena contract has been broken, if a sum is namedin the contract as the amount to be paid incase of such breach, or if the contract containsany other stipulation by way of penalty, theparty complaining of the breach is entitled,whether or not actual damage or loss is provedto have been caused thereby, to receive fromthe party who has broken the contract reasonablecompensation not exceeding the amountso named or, as the case may be, the penaltystipulated for. Explanation.— A stipulationfor increased interest from the date of defaultmay be a stipulation by way of penalty.] (Exception)— When any person enters into anybail-bond, recognizance or other instrument ofthe same nature or, under the provisions ofany law, or under the orders of the 35 [CentralGovernment] or of any 36 [State Government],gives any bond for the performance ofany public duty or act in which the public areinterested, he shall be liable, upon breach ofthe condition of any such instrument, to paythe whole sum mentioned therein. Explanation.—A person who enters into a contractwith Government does not necessarily therebyundertake any public duty, or promise to do anact in which the public are interested. Illustrations(a) A contracts with B to pay B Rs.1,000 if he fails to pay B Rs. 500 on a givenday. A fails to pay B Rs. 500 on that day. B isentitled to recover from A such compensation,not exceeding Rs. 1,000, as the Court considersreasonable. (b) A contracts with B that, ifA practises as a surgeon within Calcutta, hewill pay B Rs. 5,000. A practises as a surgeonin Calcutta. B is entitled to such compensation;not exceeding Rs. 5,000 as the court considersreasonable. (c) A gives a recognizancebinding him in a penalty of Rs. 500 to appearin Court on a certain day. He forfeits his recognizance.He is liable to pay the whole penalty.37 [(d) A gives B a bond for the repayment ofRs. 1,000 with interest at 12 per cent. at theend of six months, with a stipulation that, incase of default, interest shall be payable at therate of 75 per cent. from the date of default.This is a stipulation by way of penalty, and Bis only entitled to recover from A such compensationas the Court considers reasonable.(e) A, who owes money to B, a money-lender,undertakes to repay him by delivering to him10 maunds of grain on a certain date, and stipulatesthat, in the event of his not deliveringthe stipulated amount by the stipulated date,he shall be liable to deliver 20 maunds. This isa stipulation by way of penalty, and B is onlyentitled to reasonable consideration in case ofbreach. (f) A undertakes to repay B a loan ofRs. 1,000 by five equal monthly instalments,with a stipulation that, in default, of paymentof any instalment, the whole shall become due.This stipulation is not by way of penalty, andthe contract may be enforced according to itsterms. (g) A borrows Rs. 100 from B andgives him a bond for Rs. 200 payable by fiveyearly instalments of Rs. 40, with a stipulationthat, in default of payment of any instalment,the whole shall become due. Thisis a stipulation by way of penalty.] 75. Partyrightfully rescinding contract, entitled to compensation.—Aperson who rightfully rescindsa contract is entitled to compensation for anydamage which he has sustained through thenon-fulfilment of the contract. —A person6.6 6. THE INDIAN CONTRACT ACT, 1872
161 Indian Real Estate Lawswho rightfully rescinds a contract is entitledto compensation for any damage which he hassustained through the non-fulfilment of thecontract." Illustration A, a singer, contractswith B, the manager of a theatre, to sing athis theatre for two nights in every week duringthe next two months, and B engages to pay her100 rupees for each night’s performance. Onthe sixth night, A wilfully absents herself fromthe theatre, and B, in consequence, rescindsthe contracts. B is entitled to claim compensationfor the damage which he has sustainedthrough the non-fulfilment of the contract. A,a singer, contracts with B, the manager of atheatre, to sing at his theatre for two nights inevery week during the next two months, and Bengages to pay her 100 rupees for each night’sperformance. On the sixth night, A wilfullyabsents herself from the theatre, and B, in consequence,rescinds the contracts. B is entitledto claim compensation for the damage whichhe has sustained through the non-fulfilment ofthe contract." 76. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 77. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 78. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 79. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 80. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 81. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 82. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 83. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 84. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 85. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 86. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 87. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 88. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 89. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 90. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 91. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 92. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 93. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 94. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 95. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 96. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 97. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 98. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 99. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 100. Sale of Goods.— [Rep.by the Sale of Goods Act, 1930 (3 of 1930)sec. 65] 101. Sale of Goods.— [Rep. by theSale of Goods Act, 1930 (3 of 1930) sec. 65]102. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 103. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 104. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 105. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 106. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 107. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 108. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 109. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 110. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 111. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 112. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 113. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 114. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 115. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 116. Sale of Goods.—[Rep. by the Sale of Goods Act, 1930 (3 of1930) sec. 65] 117. Sale of Goods.— [Rep. bythe Sale of Goods Act, 1930 (3 of 1930) sec.65] 118. Sale of Goods.— [Rep. by the Sale ofGoods Act, 1930 (3 of 1930) sec. 65] 119. Saleof Goods.— [Rep. by the Sale of Goods Act,1930 (3 of 1930) sec. 65] 120. Sale of Goods.—6. THE INDIAN CONTRACT ACT, 1872 6.6
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161 Indian Real Estate Laws
who rightfully rescinds a contract is entitled
to compensation for any damage which he has
sustained through the non-fulfilment of the
contract." Illustration A, a singer, contracts
with B, the manager of a theatre, to sing at
his theatre for two nights in every week during
the next two months, and B engages to pay her
100 rupees for each night’s performance. On
the sixth night, A wilfully absents herself from
the theatre, and B, in consequence, rescinds
the contracts. B is entitled to claim compensation
for the damage which he has sustained
through the non-fulfilment of the contract. A,
a singer, contracts with B, the manager of a
theatre, to sing at his theatre for two nights in
every week during the next two months, and B
engages to pay her 100 rupees for each night’s
performance. On the sixth night, A wilfully
absents herself from the theatre, and B, in consequence,
rescinds the contracts. B is entitled
to claim compensation for the damage which
he has sustained through the non-fulfilment of
the contract." 76. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 77. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 78. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 79. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 80. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 81. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 82. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 83. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 84. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 85. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 86. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 87. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 88. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 89. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 90. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 91. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 92. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 93. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 94. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 95. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 96. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 97. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 98. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 99. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 100. Sale of Goods.— [Rep.
by the Sale of Goods Act, 1930 (3 of 1930)
sec. 65] 101. Sale of Goods.— [Rep. by the
Sale of Goods Act, 1930 (3 of 1930) sec. 65]
102. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 103. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 104. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 105. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 106. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 107. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 108. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 109. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 110. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 111. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 112. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 113. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 114. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 115. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 116. Sale of Goods.—
[Rep. by the Sale of Goods Act, 1930 (3 of
1930) sec. 65] 117. Sale of Goods.— [Rep. by
the Sale of Goods Act, 1930 (3 of 1930) sec.
65] 118. Sale of Goods.— [Rep. by the Sale of
Goods Act, 1930 (3 of 1930) sec. 65] 119. Sale
of Goods.— [Rep. by the Sale of Goods Act,
1930 (3 of 1930) sec. 65] 120. Sale of Goods.—
6. THE INDIAN CONTRACT ACT, 1872 6.6
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