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Kali Sunker Dass Vs. Koylash Chunder Dass - Court Judgment

LegalCrystal Citation
SubjectFamily;Contract
CourtKolkata
Decided On
Judge
Reported in(1888)ILR15Cal833
AppellantKali Sunker Dass
RespondentKoylash Chunder Dass
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 35, clause (g)--suit for actual pecuniary damages for breach of contract of marriage--jurisdiction. - .....immense majority of instances these contracts are made and broken, not by the acts of the persons about whose marriages they are entered into, but by their parents or guardians. 'we think that this case being one of these must be contemplated as included under that portion of the small cause court act above referred to. of course where the special conditions of native life do not apply, as, for instance, in the case of persons sui juris, the argument of the pleader that the english mode of looking at these contracts should be followed may apply.2. in the present case we think the matter must be regarded as one excluded from the jurisdiction of the small cause court.3. we allow the defendant the costs or this appearance.
Judgment:

1. In this case we think that the suit, as one for compensation-for breach of contract of marriage, comes within Clause (g) of Article 35 of the second schedule to the Small Cause Court Act. We must take the terms of the Act with reference to the conditions of society in this country--conditions perfectly well known. In the immense majority of instances these contracts are made and broken, not by the acts of the persons about whose marriages they are entered into, but by their parents or guardians. 'We think that this case being one of these must be contemplated as included under that portion of the Small Cause Court Act above referred to. Of course where the special conditions of native life do not apply, as, for instance, in the case of persons sui juris, the argument of the pleader that the English mode of looking at these contracts should be followed may apply.

2. In the present case we think the matter must be regarded as one excluded from the jurisdiction of the Small Cause Court.

3. We allow the defendant the costs or this appearance.


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