Agreement In Restraint Of Marriage In Business Law

In this regard, it should be noted, however, that a violation of section 26 of the Indian Contract Act of 1872 was not invoked in this case before the Apex Court, since there is a partial limitation of marriage under the service contract. In this case, the parties were businessmen in Calcutta. The defendant Rajcoomar suffered a loss as a result of the applicant`s competition and entered into an agreement with the claimant that, if he closed his business there, he would pay him all the advances he had paid to his employees. Where the defendant did not pay, the applicant brought an action to recover the amount, but did not do so because it was a trade restriction which was therefore not applicable in the courts. However, the exception provides that they appear appropriate to the Tribunal in view of the nature of the transaction. As regards the limitation of the area to which the restriction may apply, the courts must apply an adequacy examination based on the adequacy of the limits imposed in relation to the nature of the transaction. Conjugal intermediation contracts, distinct from agreements limiting marriage, are defined as contracts by which a third person is paid to negotiate, obtain or obtain a marriage. It can be noted here that marriage mediation has been widely spread in pre-independent India, at least among Hindus, as indicated by the Hindu law of the Supreme Court, has raised serious doubts as to whether section 26 of the Treaty Act contained a partial or indirect restriction of marriage. and it was not convinced of this argument.

Judge Ahmad delivered his verdict: the Law Commission took a long look at the Indian Contract Act of 1872 and proposed several amendments by attaching a bill annexed to the Commission`s report, in which it proposed the replacement of several sections, including section 26 of the Act, thereby introducing an amendment to the Marriage Restriction Arrangements Act. «Under the bombay presidency, people who negotiate a marriage when they succeed often receive 100 to 1000 rupees, depending on the difficulty of the case and the circumstances of the parties; and in Bengal, as you know, the Ghataks make great profits by negotiating marriage.» For example, in today`s world, higher education often extends well beyond the age of majority. . . .

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