Girwar Singh vs Siraman Singh - 1905 Supreme(Cal) 89

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1905 Supreme(Cal) 89

Girwar Singh – Appellant
Versus
Siraman Singh – Respondent

JUDGMENT

Harington, J. - This is an appeal by the Plaintiff against the judgment of the Subordinate Judge dismissing with costs an action which he brought for slander. The Defendant was a witness in a case before a Deputy Magistrate : in the course of his cross-examination he was asked whether his sister was in the employ of Tokhan Singh as cook instead of answering the question he said "the sister of Girwar Singh (the Plaintiff) is in the keeping of a Kaisth."

2. On this Girwar Singh sued the Defendant for slander and recovered a judgment for Rs. 500 damages before the Munsif. This was reversed on appeal on the ground that a slander imputing unchastity to a woman was not actionable without proof of special damage, and in this case no actual damage was proved.

3. The learned vakil for the Appellant contends that in the mofussil defamatory words are actionable without proof of actual damage.

4. For the Respondent it is contended that where no actual damage is sustained, redress must be sought through the Criminal Courts, and that the words without actual damage are not actionable : that in any case the suit is not maintainable by the Plaintiff because he was not slandered : and lastly t

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