Section 5 in The Bengal Indigo Contracts Regulation, 1823
5. Suits by parties injured by breach of contract in regard to cultivation and delivery of indigo-plant.
-First.-In cases in which a raiyat who may have received advances and entered into written agreements for the cultivation and delivery of indigo-plant, in the manner indicated in this Regulation, shall have failed to cultivate the ground specified, or, having cultivated it, shall have failed or refused to complete his engagement, or shall have sold, made away with, or transferred the produce to another person, the party with whom such agreement was first made shall be at liberty to institute, at his option, either a summary or a regular suit.Judgement to what extent in summary suits.-Second.-If the summary process be adopted and the cause be decided in favour of the plaintiff, the defendant shall be subject to the payment of the amount of the advances actually received by him, with interest on the same, and the costs of the summary process.[* * *] [The third clause repealed by Act 10 of 1836.]Penalty in regular suits where breach of contract not ascribable to fraud or dishonesty.-Fourth.-If no fraud or dishonest dealing be established, and the failure of a raiyat or other contractor to execute the stipulations of his engagement by the delivery of indigo-plant in the manner stipulated be owing to accident, or to any cause not implying fraud or dishonesty, the penalty to be adjudged against a contractor shall not exceed three times the sum advanced as the consideration for executing the deed, including interest.
