Section 543: Power of court to consider matters

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When determining compensation arising from a breach of contract, the court shall consider matters including whether the party breached the contract intentionally or whether the non-performance occurred due to recklessness, and how much money or benefit the innocent party would have received had the contract not been breached.

Tagged:
Nepal Laws
The National Civil (Code) Act

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Article 84: Composition of House of Representatives
Section 276: Prohibition of use, temperance or acquisition of other’s property
Section 11: Bonus May Be Distributed as an Advance
Section 18: Discrimination not to be made
Section 664: Unjust enrichment to be deemed
Section 634: To be liable for use of goods contrary to terms and conditions
Section 16: Provision Relating to the Union of Non-Resident Nepali
Section 13: Committees of the Council
Section 15: Custom or tradition contrary to law not to be recognized
Section 141: Disqualifications for guardian
Section 455: Entitlement of heir to pre-emption
Section 564: Surety’s obligation
Section 186: Termination of adoption
Section 3: Social Security not to be Received Without Contribution
Section 19: ……………….
Section 93: Divorce may be effected by consent of both
Section 421: Prohibition of transferring other’s property
Section 688: Quantum of liability may be reduced
Section 457: Pre-emption of sold house
Section 209: To obtain partition share from part of father or husband
Article 244: Provisions relating to the State Public Service Commission
Section 40: Presumed to be dead
Section 250: Statute of limitation
Section 73: Voidable marriage
Article 20: Rights relating to justice
Section 133: Termination of parental authority
Section 282: Prohibition of making a safety tank adjoining to a neighbour’s land
Section 27: Power to Frame Rules
Article 44: Rights of the consumer
Section 68: Marriage to be inviolable social bond
Article 201: Assent on Bills
Article 102: Penalty for unauthorized presence or voting
Section 485: Transaction carried on with incompetent or quasi-competent person not to be recognized
Section 200: Details to be forwarded
Article 217: Judicial Committee
Article 157: Attorney General
Section 560: Not to deliver of goods in quantity different from quantity specified in contract
Section 192: Foreigner eligible for adopting son or daughter
Section 404: Power to vacate house
Section 10: Social Security Schemes to be Operated
Section 655: Successor to reimburse expenses incurred in obsequies of deceased
Section 66: Statute of limitation
Article 274: Amendment to the Constitution
Section 229: Partition of pledged or mortgaged property
Section 102: To be according to agreement
Section 180: Not allowed to claim partition share of father and mother
Article 183: Summoning and prorogation of the session of State Assembly
Article 33: Right to employment
Article 77: Vacation of the office of the Prime Minister and the Minister
Section 605: Right to sell goods without consent of owner
Article 1: Constitution as the fundamental law
Section 682: Compensation to be paid for liability
Section 21: Provisions Regarding Enlistment of an Individual in Government Service or Those Drawing Remuneration from Government Funds
Article 123: Votes of credit
Section 575: Contract of bailment
Section 27: Fund to be an Autonomous and Organised Entity
Section 15A: Constitution of Accounting Standards Board
Section 471: Transmission and registration and de-registration to be made
Section 48: Right or liability to devolve upon merger of legal person
Article 51: Policies of the State
Section 20: Guarantee of freedoms and rights
Section 549: Description of goods
Section 150: Power to recover expenses
Section 296: Prohibition of registration
Section 587: Rights of the person who obtains collateral or deposit
Article 173: To give information to the Chief of State
Section 467: Deed may be approved and registered with office in another district
Section 329: To specify roll of succession of trustee
Article 47: Implementation of fundamental rights
Section 395: Subletting house rented to other person
Preamble
Article 204: State Consolidated Fund
Section 49: Arrest to be Made
Section 61: Insurance or Re-Insurance May be Done
Section 292: Prohibition of alteration in ditch without consent
Section 383: House deemed to be rented
Section 35: To be according to court decision
Section 99: Partition of property to be effected before divorce
Section 143: Property to be supervised, protected and managed properly
Section 376: Power to use river or stream or river or stream bank
Section 352: Usufruct deemed to be constituted
Section 51: Penalty in Case of Non-Compliance with the Fund’s Order
Section 207: Son and daughter born from couple whose matrimonial relationship is dissolved to obtain partition share
Section 196: To make recommendation by selecting person effecting adoption and child
Section 6: Social Security Scheme to be Selected
Article 112: Withdrawal of Bills
Section 379: Power to use stream, river or pond water
Section 122: Son or daughter to honour, respect and care (herchaha) mother, father
Section 1: Short Title and Commencement
Section 636: The owner of goods may terminate contract
Article 247: To provide necessary assistance to the Election Commission
Section 268: Possessory right to be deemed
Section 286: Statute of limitation for Filing Lawsuits
Section 418: Joint property may be sold by way of sale
Article 192: Transaction of business in case of vacancy in the seat of a member
Article 239: Functions, Duties, and Powers of the Commission for the Investigation of Abuse of Authority
Section 642: Provisions of safety measures to be made
Section 581: Goods given for repair and maintenance to be returned
Section 537: Compensation for breach of contract
Section 559: Documents concerning sold goods to be handed over
Article 229: Local Consolidated Fund
Section 614: Lessor to be informed if goods are not usable
Article 151: Jurisdiction of the District Court
Section 195: Provisions relating to selection committee
Section 294: Construction of ditch or use of water with mutual consent
Section 660: To pay price or remuneration
Section 202: Case may be filed
Section 595: Agent to be responsible
Section 532: Facilities to be provided
Section 82: Matrimonial relationship deemed to be terminated
Section 684: Statute of limitation
Article 303: Provisions relating to Local Bodies
Section 456: Pre-emption by tenant
Section 497: Each person to fulfil obligation
Schedule-3 Coat of Arms of Nepal
Section 586: To return goods collateraled or deposited
Article 45: Right against exile
Article 246: Functions, duties and powers of the Election Commission
Article 295: Constitution of the Federal Commission
Article 15: Other provisions relating to citizenship of Nepal
Section 598: Agent may not be removed
Section 392: Obligation to pay tax and other charge
Section 14: Details to Submit to the Department of Labour
Article 155: Provisions relating to conditions of service and facilities
Article 125: Act relating to financial procedures
Section 193: Provision relating to Inter-country Adoption Board
Section 127: Prohibition on discrimination
Section 142: Maintenance (palan poshan) and care of (herbichar) incompetent or quasi-competent person
Article 117: Expenditures from the Federal Consolidated Fund or the Federal Government Fund
Section 10: Bonus to be given to the Agent or to a Member of the Family
Section 374: Prohibition of transfer of house or land without provision of passage or exit
Section 290: Prohibition of making new ditch affecting irrigated field
Section 453: Statute of limitation
Article 284: Provisions relating to the Constitutional Council
Section 267: Right of owner
Rule 18: The Central Database (record) has to be maintained
Section 107: Paternity may be denied
Section 145: Power to institute legal action or defend case
Section 604: Carrier to be liable
Section 303: Land ownership registration certificate to be provided
Section 507: Parties to be autonomous
Section 85: To be considered husband and wife
Section 15: Records and Statement of Accounts to Be Maintained
Section 476: Transaction not to be carried on without executing deed
Section 394: Repair and maintenance of house rented
Section 5: Ignorance of law not to be excused
Section 106: Child presumed to be born from married husband
Section 78: Decision to be made as to whether marriage is capable of being concluded
Section 489: Procedure to be followed if deed executed on household is lost or destroyed due to force majeure event
Section 298: Statute of limitation
Section 517: Void contracts
Section 474: Transaction deemed to be made
Article 18: Right to equality
Nepal Chartered Accountants Act 2053
Section 643: Prohibition of employing for more than eight hours
Section 367: Statute of limitation
Article 73: Office of the President and Vice-President
Article 64: Qualification for President
Article 179: Oath of a member of the State Assembly
Section 501: Obligation contrary to law not to be fulfilled
Section 187: Statute of limitation
Section 572: Provisions relating to subrogation
Section 272: Circumstances when possessory right is extinguished
Section 285: Compensation to be recovered
Article 49: To be guiding principles
Section 50: Nepal Government to be the Plaintiff
Section 478: Entitlement of creditor to interest from debtor
Section 70: Marriage may be concluded
Article 268: Provisions Relating to Nepal Police, Armed Police Force, Nepal, and National Investigation Department
Section 255: Classification of property according to ownership
Section 505: Contract enforceable by law
Section 629: Goods on hire to be cared (herchaha) and maintained
Section 61: Priority order of paying debt or liability
Article 17: Right to freedom
Section 46: Management and operation of legal person
Section 243: Maintaining (Shyahar samhar) and caretaking person entitled to succession
Section 426: Procedure to be followed by body corporate while purchasing or transferring property
Article 139: High Courts
Section 27: Compensation to be awarded
Section 432. Restriction on transfer of immovable property to foreigner
Section 436: Deed to be executed
Article 118: Expenditures chargeable on Federal Consolidated Fund
Section 67: Security, Exemptions and Facilities of the Fund
State No. 3
Section 55: Annual Report to be Submitted
Article 281: Appraisal and review of special rights
Section 411: Not to obtain property under deed of gift with testament
Article 235: Coordination between the Federation, State and Local Level
Section 140: Supervisor may be designated
Article 213: Act relating to financial procedures
Article 30: Right to a clean environment
Section 63: Property to be set aside
Article 22: Right against torture
Section 459: Where pre-emption is not permitted
Section 7: Investment may be made in Convertible Foreign Currency
Section 313: Statute of limitation
Section 454: Pre-emption deemed to be made
Section 556: Right of buyer to ascertain goods
Rule 11: Facilities and Concession for Foreign Citizens of Nepali Origin
Section 569: Obligation of sureties to be equal
Section 7: Act contrary to law to be invalid
Section 17: Cancellation (Revocation) of Identity Card
Article 277: Titles, Honours, and Decorations
Section 378: Prohibition of preventing natural flow of water
Article 278: Power to make treaties
Article 148: District Courts
Section 212: Separation may be effected at anytime
Section 157: Court may appoint curator
Section 23: No taxation except in accordance with law
Section 64: Collective Bargaining not to Play any Influence
Article 80: Oath
Section 1: Short title and commencement
Section 675: Employer to bear liability
Section 447: Mortgaging by third party on behalf of debtor
Article 162: Executive power of the State
Section 137: Other person considered to be guardian
Section 624: Hire-purchase contract deemed to be made
Article 221: Legislative powers of Local Level
Section 8: Circumstances Wherein the Council Member’s Seat Remains Vacant
Section 177: Procedures for effecting adoption
Section 56: Notice to be given to creditor
Section 528: Assignment of rights and liabilities under a contract
Section 238: Heir entitled to succession
Article 85: Term of the House of Representatives
Section 161: Power to spend immovable property with court’s permission
Section 676: Owner of animal to bear liability for loss or damage caused by animal
Article 187: Privileges of the State Assembly
Section 14: Right to get facilities pursuant to the prevailing law
Section 215: Relinquishment of partition share
Article 103: Privileges
Section 189: Adoption not to be effected without obtaining permission
Section 148: Termination of guardianship
Section 650: To care (herbichar) or manage property taken in custody
Article 169: Vacation of office of Chief Minister and Minister
Section 576: Bailment deemed to be completed
Section 680: To bear liability for trespass
Section 422: Prohibition of transferring property in duplication
Section 448: Property in mortgage to be indivisible
Schedule-6 List of State Power
Article 68: Vacation of office of Vice-President
Section 637: Rights of hirer in case of forfeiture of goods
Article 97: Formation of committees
Article 43: Right to social security
Article 57: Distribution of State power
Section 2: Definition
Section 475: Loan deemed to be borrowed
Section 4: The Institution to be an Autonomous Body
Section 301: Property deemed to be community property
Schedule-7 List of Concurrent Powers of the Federation and the States
Article 256: Functions, duties, and powers of the National Dalit Commission
Section 6: Act against public interest not to be carried out
Section 582: Costs incurred in taking care of (herbichar) bailed goods
Section 41: Determination of Social Security Number
Rule 10: Provisions Related to the Repatriation of Money
Section 191: Child eligible to be given for adoption
Section 7: Rate of Contribution
Section 98: Divorce to be effected
Section 568: When contract of guarantee can be voided
Article 240: Auditor General
Section 199: Special provision relating to permission to be granted for adoption
Section 270: Person competent to acquire possessory right
Article 10: Not to deprive of citizenship
Article 96: Deputy Prime Minister, Minister, Minister of State, and Assistant Minister are entitled to take part in both Houses
Section 672: Tort deemed to be committed
Article 190: Penalty for unauthorised presence or voting in the State Assembly
Section 188: Inter-country adoption deemed to be accepted
Section 648: Indirect or quasi-contract deemed to be made
Section 233: Compensation to be paid if lawsuit filed by person not entitled to partition
Section 6: Power to examine and take into possession of a document
Article 25: Right relating to property
Section 386: Agreement to be concluded while renting
Section 482: Procedures to be fulfilled in paying and collecting principal and interest
Section 523: Time and manner for performance of contract
Section 416: Ownership devolving on transferee of property
Section 12: Deduction of Bonus
Section 633: Right of hirer to transfer his or her right and interest
Section 60: Opportunity to be provided to reconcile sum of debts
Article 34: Right to labour
Section 47: To be Deemed Commission of an Offence
Section 554: Provisions relating to transfer of ownership of goods
Section 365: Power to return property by usufructuary
Section 391: Mode and procedure of payment of rent
Section 325: Disqualification of trustee
Section 136: Priority order of guardian
Article 263: Tharu Commission
Rule 19: Changes and alterations in the schedule have to be made
Section 566: Relation between the surety and the principal debtor
Article 143: Chief Judge and Judges not to be engaged in any other office, and provisions relating to transfer
Section 259: Trees, plants or goods on boundary to be deemed joint property
Article 137: Formation of Constitutional Bench
Section 11: Act against interest to be invalid
Article 191: Restriction on discussion
Article 89: Vacation of the seat
Section 48: Investigation of Offence
Section 434: Statute of limitation
Section 631: Termination of contract by paying installment
Rule 14: Account and Audit of the Association
Section 469: Obligation to pay fees
Section 335: Prohibition of possession of trust property to prejudice benefit of beneficiary
Article 193: Power of the State Assembly to form committees
Section 647: Statute of limitation
Preamble
Section 11: Appeal
Section 600: Removal of sub-agent together with agent
Article 305: Power to remove difficulties
Article 218: Conduct of business of Village Executive and Municipal Executive
Section 114: Obligation to care (herchaha) and maintain (shyahar samhar)
Section 472: Deed registered at earlier date to be valid
Section 316: Application to be made for establishment of trust
Section 663: Statute of limitation
Article 4: State of Nepal
Article 138: Annual report
Section 227: Partition share to be reimbursed
Section 33: To be considered incompetency
Section 608: Termination of carrier’s liability
Section 152: Statute of limitation
Section 424: Entitlement to amount or compensation in event of deprivation of enjoyment of property
Rule 2: Definition
Article 267: Provisions relating to the Nepal Army
Section 100: Order to pay lump sum amount or alimony
Article 28: Right to privacy
Section 331: Requirement to operate trust by consensus
Section 8: Duty to Inform
Section 525: Performance of contract deemed to be delayed
Section 43: To obtain legal competency upon incorporation
Section 553: Deemed to be contract for sale by sample
Section 622: Provisions relating to house rent to apply
Article 6: Languages of the nation
Section 309: Conversion of community property into public property
Section 23: Liability of the Manager
Section 63: Dissolution of the Fund
Section 616: To pay lease rent
Article 146: To be engaged in the practice of law
Article 74: Form of government
Section 362: Information of claim or interference by anyone to be given to owner
Article 11: To be citizens of Nepal
Section 28: Saving
Section 15C: Seat Not to Retain
Section 182: Obligations of adopted son or daughter
Section 170: Adoption to be effected in a manner to protect the best interests of child
Section 21: Appeal
Section 638: Status of hired goods in case of hirer becoming bankrupt
Article 66: Functions, duties, and powers of the President
Article 289: Special provision relating to the citizenship of officials
Section 28: Compensation for filing false complaint
Section 15: Power may be delegated
Article 234: Inter-State Council
Section 312: Governmental attorney empowered to file or make case, petition or appeal
Section 36: Physical examination or change of organ may be made
Article 261: Indigenous Nationalities Commission
Section 358: Power to rent, lease or mortgage property under provision of usufruct
Article 110: Procedures for the introduction of Bills
Section 104: Statute of limitation
Section 231: Partition to be so effected as to have provision of way or passage
Section 256: Property deemed to be private property
Section 235: Statute of limitation
Section 21: Right to privacy deemed to be violated
Article 60: Distribution of sources of revenue
Section 610: A contract of lease deemed to be made
Article 231: Legislative interrelations between the Federation and the States
Section 530: Only the parties to contract can demand its performance
Section 583: Contract of bailment to be void
Section 521: Obligation under contract to be fulfilled
Section 75: No lawful rights of child already born to be prejudiced
Article 172: Oath
Section 8: Restriction on Obtaining Bonus
Section 514: Application of general provisions of contract
Article 273: Emergency power
Article 116: Federal Consolidated Fund
Article 72: Remuneration and facilities of the President and Vice President
Article 87: Qualification for members
Article 168: Constitution of the State Council of Ministers
Section 686: Claimant to prove that product is defective
Section 117: Facility of visit to be provided
Article 153: Judicial Council
Article 293: Monitoring of the functioning of Constitutional Bodies
Section 371: To allow enjoyment or use
Article 245. Election Commission
Article 212: State Contingency Fund
Article 163: Provisions relating to the Chief of State
Article 71: Oath by President and Vice-President
Section 2: Definition
Section 414: Property may be transferred
Article 241: Functions, duties and powers of the Auditor-General
Article 253: Functions, duties, and powers of the National Women Commission
Section 4: Principles and provisions applicable generally
Section 458: Pre-emption of house donated or gifted
Article 199: Procedures for passage of Bills
Article 23: Right against preventive detention
Section 577: To disclose faults in goods bailed
Section 26: Complaint may be filed
Article 180: Vacation of the seat of a member of State Assembly
Article 115: No tax to be levied or loan to be raised
Section 661: Right to recover price of goods or services
Article 142: Vacation of the office of the Chief Judge or Judge
Article 21: Right of the victim of a crime
Section 171: Prohibition on adoption by person having child
Section 164: Curatorship to be terminated ipso facto
Section 357: Prohibition of alteration in structure of property without consent
Schedule 1 Name Registration
Article 12: Citizenship with identity of descent and gender
Section 18: Power to Make Rules
Article 296: Constituent Assembly to be converted into Legislature Parliament
Article 237: Not to affect the jurisdiction of the Constitutional Bench of the Supreme Court
Article 255: National Dalit Commission
Section 460: Procedures for making pre-emption
Section 119: Prohibition on living separately without consent
Schedule-1 National Flag of Nepal
Section 17: To be equal before law
Section 266: Ownership to be deemed
Section 382: Statute of limitation
Section 408: Voidance of donation or gift
Section 9: Vacancy and Fulfilment
State No. 4
Section 591: Contract of agency deemed to be made
Article 272: Other provisions relating to political parties
Section 326: Number of Trustees
Article 220: District Assembly and District Coordination Committee
Section 25: Property not to be acquired, requisitioned, auctioned or forfeited
Section 32: Investment of Fund Amount
Section 387: Details of house to be provided
Section 295: Cultivation of land adjacent to riverbank
Section 8: Provision Relating to Contribution when Remuneration is not Received
Section 12: Action Not to Be Valid
Section 3: Not to prejudice special legal provisions
Article 254: Powers to establish offices in States
Article 214: Executive power of Local Level
Article 156: Provisions relating to the State Judicial Service Commission
Section 12: Separate Accounts to be Maintained
Article 59: Exercise of financial powers
Section 508: Offer and acceptance deemed to be completed
Section 428: Property may be purchased or obtained in the name of incompetent or quasi-competent person
Section 612: To use the leased goods in good faith
Section 154: Curator of person of unsound mind
Section 72: Marriage to be void
Section 673: Parents to bear liability
Article 161: Provisions relating to conditions of service and facilities
Section 625: Matters to be specified in hire-purchase contract
Section 690: Not to prejudice other right
Section 510: Offer deemed to be revoked
Schedule 2 Register the Name
Section 375: Power to extend basic services
Article 222: Composition of Village Assembly
Section 603: Carrier’s obligations
Section 277: Property to be inviolable
Section 52: Assets or liability to be settled
Section 239: Order of preference of heirs for succession
Section 172: Adoption may be effected
Section 308: Power to transfer government property
Article 298: Provisions relating to the formation of the Council of Ministers
Section 544: Statute of limitation
Section 398: Alteration in agreement
Article 104: Procedures relating to the conduct of business
Section 393: Insurance of house to be procured
Section 607: To bear compensation
Article 3: Nation
Article 16: Right to live with dignity
Section 4: Contribution to be Deposited
Section 76: Marriage to be registered
Article 50: Directive principles
Section 9: Money May be Repatriated
Section 1: Short Title and Commencement
Section 284: Prohibition of planting trees or plants causing effect
Article 228: No tax to be levied or loan to be raised
Section 18: Power to Frame Rules
Section 606: Carrier’s liability to be limited
Section 503: Statute of limitation
Article 2: Sovereignty and state authority
Section 226: Prohibition of concealing or hiding property
Section 535: Breach of contract deemed to occur
Section 615: Lessee to be liable
Article 276: Pardons
Article 304: Existing laws to remain in force
Section 12: Personality to be recognized
Article 185: Quorum of State Assembly
Section 8: Investigation of crime relating to immigration
Section 251: Deemed to be property
Section 173: Adoption not to be effected
Section 621: Contract of lease may be terminated
Section 44: Legal competency deemed to be acquired, ipso facto
Article 99: Voting
Section 481: Interest in excess of principal not to be collected
Article 152: Specialised courts
Section 333: To maintain records of trust property
Article 292: Provisions relating to parliamentary hearings
Article 13: Acquisition, reacquisition and termination of citizenship
Article 177: Term of State Assembly
Section 483: Interest accruable as of the date of recovery of amount
Section 639: Statute of limitation
Section 445: Property in mortgage may be remortgaged
Section 33: Accounts of the Fund
Section 381: Compensation to be paid
Rule 1: Short title and commencement
Rule 15: The Dissolution (Liquidation) of the Association and Its Consequences
Section 685: To be liable for defective product
Section 658: To bear expenses made by public bodies
Section 681: To bear liability jointly
Section 278: Safety measures to be adopted
Article 288: Capital
Article 121: Supplementary estimates
Section 380: Requirement to allow passage or exit for farming
Section 30: To be recognized as person
Article 26: Right to freedom of religion
Section 224: Power to take inventory by breaking padlock
Section 353: Usufruct to be effective
Section 225: Partition to be effected when inventory produced
Article 291: Not to be qualified for appointment
Section 385: Period of house rent
Section 618: Leased goods may be sub-leased
Article 207: Estimates of revenues and expenditures
Section 315: Trust may be public or private
Article 76: Constitution of the Council of Ministers
Section 248: Local Level to receive property under succession
Section 433: Foreigner to transfer partition share or inheritance, if any obtained
Section 620: Special provision relating to the contract of lease of immovable property
Section 14: Payment of Benefit
Section 619: To return leased goods
Section 495: Obligation to be fulfilled
Section 515: Interpretation of contract
Article 260: Powers to establish offices in States
Section 592: Recognition of transaction carried out by agent
Section 5: Informal Sector Workers and Self-Employed Persons May Take Part in the Social Security Scheme
Schedule-5 List of Federal Power
Section 339: Deed of trust property to remain with trustee
Section 10: Not to enjoy benefit of wrong
Section 174: Difference of age between adopter and adoptee
Section 417: Power to transfer private property
Section 354: Deed to be executed
Article 243: Functions, duties and powers of the Public Service Commission
Article 287: Language Commission
Article 126: Courts to exercise powers relating to justice
Section 511: Contract according to offer made before the public
Section 289: Prohibition of using whole water of river or stream
Rule 8: Information about Investment shall be provided
Section 441: Interest, charge or fee not to be collected
Article 280: Special provision relating to the discharge of the functions of the President
Article 249: Functions, duties, and powers of the National Human Rights Commission
Section 526: Time to be considered as essence of contract
Article 286: Election Constituency Delimitation Commission
Article 285: Constitution of government service
Section 71: Marriage not to be concluded
Article 127: Courts
Section 480: Compound interest not to be collected
Section 45: Expert or Advisor may be Appointed
Article 236: Inter-State trade
Section 666: To pay back debt paid by mistake
Section 369: Use of provision of servitude to be allowed
Section 464: Deeds to be registered
Section 396: Prohibition of altering structure without consent
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Section 543: Power of court to consider matters

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