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Report No. 13

Part II

Proposals Relating to Sections

21. Preamble.-

As stated earlier,1 we have sought to make the provisions of the Act as exhaustive as possible2 But we are afraid that there may still remain cases not provided for. Such cases will have to be decided on principles of 'justice, equity and good conscience.' But this expression ought no longer be construed in the narrower sense of the rules of English law. It should be given the widest significance. This, however, is a matter which concerns the revision of the various State Acts relating to the civil courts,3 which now provide the statutory sanction of resorting to these principles.

1. Para. 3, ante.

2. E.g., Our recommendations as to Bailments, Agency and Quasi-Contracts.

3. Section 37 of the Bengal, Agra and Assam Civil Courts Act, 1887; section 16 of the Madras Civil Court Ac, 1873; section 26 of Bombay Regulation IV of 1829.

Be that as it may, since the revised Act cannot claim to be an exhaustive code, we do not propose to make any change in the wording of the Preamble.

Indian Contract Act, 1872 Back

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