section 23
Liability for breach of trust
The Jammu and Kashmir Trusts Act, 1977Civil197784 of 85 sections available4 chapters
Chapter 2 Chapter 2
Statutory text
Liability for breach of trust.--Where the trustee commits a breach of trust, he is liable to make good the loss which the trust-property or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach. A trustee committing 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 neglected to do so;
- (d) where he makes default in payment of any of the trust-property;
- (e) where the breach consists in the omission to perform any act which he was bound to perform. He is liable in case (a), to account for the interest actually received, and, in cases (b),
- (c) and (d), to account for such interest at the rate of six per cent. per annum, unless the Court otherwise directs.
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