Court : Mumbai
Reported in : (1929)31BOMLR340; 118Ind.Cas.698
..... even if in section 115 of the indian evidence act the word ' person' includes minors, the general intention of adjective law of the legislature as to the rule of evidence in this section must give way to the particular intention of substantive law in section 11 of the indian contract act: per best c.j. in churchill ..... execution by the mortgagors of the deed founded on is sufficient for the decision of the case; such a deed executed by minors being admittedly a nullity according to indian law, and incapable of founding a plea of estoppel,6. i am unable to interpret this decision otherwise than as over ..... recover the amount of the advance on the ground that he had obtained it by fraudulent misrepresentation must fail, even though fraud was proved against the minor. on the present question, the other high courts have differed from this court: dhurmo dass ghose v. brahmo dutt i.l.r(1898) . ..... was admittedly a major. both the lower courts found that on the date of the sale-deed in favour of the plaintiff-respondent bhimappa was a minor, but agreed that he was estopped from questioning the sale, and, therefore, decreed the claim. defendant no. 1 appeals.2. it is argued ..... ruling the view of this court and as agreeing with the view of the other high courts. by no ingenuity of argument can the view of this court be reconciled with the judgment that a deed executed by minors .....Tag this Judgment!
Court : Mumbai
Reported in : (1920)22BOMLR531
..... this appeal has been brought.17. each of the courts below omitted to consider whether a minor is a person competent to contract. under the indian contract act, where a minor purports to contract his alleged contract is void and not merely voidable; ho is a person who is not competent to contract. see mohori bibi v. dhiwrnodas ghose (1902) l.r. 30 indap 114 : 5 bom. l.r ..... . 421. see also mir sarwarjan v. fakhruddin mahomed chowdhuri . ali hashim meter certainly was a minor, and fatima bibi ..... apparently was a minor when ..... other ground for dismissing it. although the appointment by a court of a guardian for the suit of a minor defendant sued on a contract which purported to have been made by him would not get over the difficulty that he was incompetent to contract, no guardian for the suit appears to have been appointed by the court., although each of the judges .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1949Bom215; (1949)51BOMLR256
..... the court of appeal dismissed the appeal.28. now though according to english law the minor would be liable in the case of a contract of service where the contract was for his benefit, it is clear that under section 11 of the indian contract act the minor's contract being void, the minor would not be held liable (see mohori bibee v. dhurmodas ghose,) (1902) l.r. ..... prasad. i.l.r. (1940) pat. 73931. as the minor's contract is a void contract, he is not entitled to sue for damages for breach of such contract including the contract of service where the contract was entered into by the minor himself. the rights which a minor may gain under section 70 of the indian contract act are rights which, strictly speaking, do not arise by virtue of ..... . now under section 183 of the indian contract act, a minor is not entitled to employ an agent. the contract, therefore, though it is made for and on behalf of the minor by a person who purp orted to act as his agent, is not the contract of the minor. in fact under section 11 of the contract act a minor cannot enter into a contract. therefore, in order that then; ..... the contract made by the minor but by reason of the relationship resembling those created by .....Tag this Judgment!
Court : Chennai
Reported in : (1918)35MLJ473
..... with the present case independently of the contract act, i think that the 2nd defendant by taking an active part in the ..... consisting of garth,c.j., mark by, j., and mitter, j., decided that the minor's share was liable on the analogy of section 247 of the indian contract act, but did not apparently consider that the minor had by birth been 'admitted to the benefits of the partnership,' within the meaning of section ..... debts incurred for the purposes of the business during his minority and after he attained majority. as regards debts incurred during his minority the first question is, can he be made liable under section 248 of the indian contract act which makes a minor who has been admitted to the benefits of a partnership ..... think that the fact of a minor helping in the family business as in the present case does not constitute admission to the benefits of the partnership within the meaning of section 247 of the indian contract act, but may be referred to his position as a minor member of the family.7. dealing ..... an undivided hindu family, and that the rights and obligations arising out of such a relationship could not be determined by exclusive reference to the indian contract act. they, also, observed that the partnership created by the descent of an ancestral trade upon the members of a hindu undivided family has .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1952Kant131; AIR1952Mys131; ILR1951KAR486; (1953)31MysLJ103
..... admitted to the benefits of partnership under section 30(1).14. in 'rafiq muhammad v. khawaja qamar din', air 1922 lah. 441 the words of section 247 of the indian contract act 'that a minor may be admitted to the benefits of a partnership' were considered and it was held that if he is admitted to the benefits of partnership, his share will be ..... partnership existed after the death of h; nor could he, being a minor, enter into a contract with b to form a partnership. ii was observed in that case that there being no partnership in existence, the provisions of section 247 of the indian contract act (which corresponds to section 30 of the indian partnership act) could not be applied in his favour. in 'v. manic kavelu ..... mudahar v. commr. of income tax, mysore', 10 mys. l.j. 316 it has been observed that a minor cannot himself create a partnership and admit himself to the benefits of ..... of a partnership between at least two adult persons before any minor could be included therein as a partner. a partnership such as the present was therefore void and could not form the basis of a suit for dissolution and accounts. he has referred to some provisions of the indian partnership act and to some decided cases.the definition of partnership according to .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD657; 2000(3)ALT390
..... to contract in accordance with section 11 of the indian contract act and obviously the minors are not competent to enter into a contract. such a contract is not a void contract, but is avoidable contract at the instance of the affected parties. it ..... of deciding the question, unless the court, for reasons to be recorded thinks fit to grant such adjournment.)explanation :--an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule)'.6. the explanation to the rule has been inserted by means of an ..... guardian for the suit shall, without the leave of the court, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian.((1a) an application for leave under sub-rule (1) shall be accompanied by an affidavit of the next friend or the ..... and the natural guardian of the minors has not signed the compromise separately representing as guardian of the minors, although she has signed on the agreement in the capacity of a party to the agreement. it is needless to mention that the persons who are minors and who are of sound mind and are not disqualified from contracting by any law, are alone competent .....Tag this Judgment!
Court : Chennai
Reported in : (1913)24MLJ352
..... behalf of the appellant we shall state our reasons a little more fully.3. according to the indian contract act a minor is incompetent to make a contract. the judicial committee of the privy council decided in mohori bibee v. dharmodas ghose i.l.r. (1903 ..... is a contract by him to pay a ..... ) c. 539 that a contract by a minor must, according to the contract act, be regarded as void and not merely voidable. the case before their lordships was one of a mortgage made by a minor. of course a mortgage by a minor ..... , and where a minor enters into any such transaction where a contract by him is an essential condition preliminary to the transaction or contractual obligations on his part flow ..... . sum of money which he borrows on the security, of certain property. many transactions resulting in the creation of rights over property arise out of contracts .....Tag this Judgment!
Court : Chennai
Reported in : (1914)ILR37Mad390
..... , but out of deference to the arguments that have been urged on behalf of the appellant we shall state our reasons a little more fully.3. according to the indian contract act, a minor is incompetent to mate a contract. the judical committee of the privy council decided in mohori bibee v. dharmodas ghose (1903) i.l.r. 30 calc. 539 (p.c.) that a ..... contract by a minor must, according to the contract act, be regarded as void and not merely voidable. the case before their lordships was one of a mortgage made by a minor. of course a mortgage by a minor is a contract by him to pay a sum of money which he borrows on the ..... security of certain property. many transactions resulting in the creation of rights over property arise out of contracts ..... ; and when a minor enters into any such transactions where a contract by him is an essential condition preliminary to the transaction or contractnal obligations on his part flow from the transaction, it must be regarded as .....Tag this Judgment!
Court : Chennai
Reported in : (1912)ILR35Mad692
..... proper steps are taken this right can be made available for the benefit of the creditors. in india section 247, indian contract act, which allows a minor to be a partner and declares the share of the minor in the property of the firm to be liable for the obligations of the firm, has much the same effect, ..... are not trading in partnerships but are sole owners of the business without a separate consideration of the law affecting guardians and minors and the extent to which a minor is liable on contracts made by his guardian. in waghela rajsanji v. shekh masludin i.l.r. (1887) bom. 551 it has been held by ..... guardian is allowed to carry on the business in england, and that the guardian or legal representative, and not the minor or beneficiary on whose behalf the business is carried on is the person personally liable on contracts entered into in the course of the business, labouchere v. tupper (1857) 11 moo. p.c. 198. ..... in their own names, but as was alleged for the benefit of the minor their lordships held that neither the minor nor his estate could be made liable on the contract. on the above decisions it appears to me that neither the minor nor his esteate as such can be held liable on the notes sued on ..... promissory-notes made on the 19th and 24th july, 1908, for rs, 9,100 in all by one k, a. lakshminara-sitnham, acting under a power-of-attorney from the minor's mother and natural guardian who was carrying on business under the style of sanka ramasami & son. the business was a joint family .....Tag this Judgment!
Court : Kolkata
Reported in : 14Ind.Cas.694
..... . 69 : 13 ind. cas. 331 : 21 m.l.j. 1156 : 14 bom. l.r. 5 : 39 c. 232 that a minor is not a person competent to contract under the indian contract act, or to appoint an agent to contract on his behalf: and, therefore, if there was any contract at all with regard to the jute baling business, it could not have been on behalf of ..... minor, who by law was incompetent to contract on his own behalf, was equally incompetent to appoint an ..... agent to contract for him. this decision merely stated a well established principle of law. in the present case, khantamoni debi is not represented to ..... the cases relied on, the suit was brought against, minors to recover money due on a mortgage and it was held that, a mortgage made by a minor was void as he was incompetent to contract, or to appoint an agent to contract, for him. what was then determined was the personal incapacity of the minor under the indian contract act, and it was pointed out that a .....Tag this Judgment!