We will write a custom essay sample on minor capacity judgement specifically for you order now search related essays dharmodas ghose case raghunath prasad. Mohori bibee v dharmodas ghose 12 december 2016 contract minors in english contract law, a minor is any individual under the age of 18 years old [3. Mohori bibee v/s dharmodas ghose - ilr (1903) 30 cal 539 (pc) - minor's agreement landmark case - bench of judges: lord mcnaughton, lord davey, lord lindley, sir ford north, sir andrew scoble,.
Mohori bibee v dharmodas ghose, 2 the privy council did not consider it necessary to decide whether sec 115, indian evidence act, was applicable to the present case in vaikuntarama pillai v authimoolam chettiar, 3 the madras high court has. Mohori bibee vs drahmos ghosh about the case • the dharmodas ghose lent the minor the sum of 20,000 rupees at 12% interest and secured the loan by way of. A landmark case on the situation of minors in contracts other than necessity, scholarship or insurance minor are those below 18 years of age and normally are.
Dharmodas ghose  30 cal 53 the learned advocate in support of his contention has cited before us the case of navakotti narayan chetty v logalinga chetty [ 1910] 33 mad 312. Dharmodas ghose a minor mortgaged his house in favor of a money-lender to secure a loan of rs 20,000/- out of which the mortgagee (money-lender) paid the minor a sum of rs 8,000/- the minor sued for setting aside the mortgage stating that he was underage when he executed the mortgage. Minors and persons of unsound mind do not possess the necessary capacity to enter into valid contracts so agreements by them are void related case law. This act may be called the indian contract act, 1872 mohoribibi v dharmodas ghose, (1903) 30 ia 114 for an exception to section 45 in case of government.
Dharmodas ghose' by shilpi sharan on wednesday, may 30th, 2018 0 comments important cases on the law of contract for entrance exams may 30, 2018 there are some. Dharmodas ghose case (1903) brief facts- dharmodas ghose, a minor, entered into a contract for borrowing a sum of rs 20,000 out of which the lender paid the minor a sum of rs 8,000. dharmodas ghose case (1903) brief facts- dharmodas ghose, a minor, entered into a contract for borrowing a sum of rs 20,000 out of which the lender paid the minor a sum of rs 8,000.
Sir ford north, j on july 20, 1895, the respondent, dhurmodas ghose, executed a mortgage in favour of brahmo dutt, a money-lender carrying on business at calcutta and elsewhere, to secure the repayment of rs 20,000 at 12 per cent interest on some houses belonging to the respondent. Same will be concluded by privy council in the case of mohiri bibi vs dharmodas ghose to fullfill the essential of the valid contract under section 10 of indian contract act 1872 one of the essential is that the person entering into a contract must be major. Dharmodas ghose rules and remedies for discharge of contract by breach 3 i) narrate the facts and judgement in the case howell vs coupland ii) who is an unpaid seller what are the rights enjoyed by an unpaid seller under the extant provisions of law.
Dharmodas ghose case, there is no need to pay special relief as the appellant knew that they were contracting with a minor the court also held that one who seeks equity must do equity (cannot take advantage of your own faults. Mohori bibee and another vs dharmodas ghose - court judgment dharmodas ghose: appellant advocate and that in any case the court should not grant the. In fact, the court in this case, has come out with a decision different from the case of mohori bibee v dharmodas ghose, which of course the court agrees that the contract in leha binte jusoh v awang johari bin hashim‟s case is void but the court decided to apply section 66 of the contracts act resulting the order of refund of the purchase.