MOHIRI BIVEE VS DHARMODAS GHOSH – Indian Kanoon

MOHIRI BIVEE VS DHARMODAS GHOSH - Indian Kanoon

 

 

MOHIRI BIVEE VS DHARMODAS GHOSH – Indian Kanoon

Case Name –  MOHIRI BIVEE VS DHARMODAS GHOSH

 

Citation:  30 C;539; 7 C.W.N; 541;5 Bom, L.R. 421

 Introduction:

This is one of those cases which throws light on the requirements to make a valid contract. Minor agreement is void ab initio is emphasized here.

 Facts of the case:

  1. Bhramo dutt was a money lender in Calcutta. One minor Dharmo Dass entered into a contract with.
  2. He took Rs 20,000 from him and mortgaged his house in security against it.
  3. Since Bhramo dutt was not there, the transaction was done by his attorney,Kedar Nath.
  4. Dharmo Dass’s mother was the guardian at that time of the property under the order of court.
  5. Dharmo Dass returned only Rs. 8000 and refused to return the same.
  6. In 1895 mother of Dharmo Dass and a next friend filed case stating that any contract with minor is void ab initio and hence not liable to pay the money.
  7. The lower court granted relief to plantiff
  8. Appeal was made in Calcutta High court.

Issues: what is the nature of minor’s agreement?

Judgement:

  1. Minors are not eligible to enter into contract u/s 11 of the contract act. Hence any contract with a minor is void ab initio.
  2. All the requirements u/s 11 of the Indian Contract Act,1872 has to be fulfilled in order to constitute a valid contract.
MOHIRI BIVEE VS DHARMODAS GHOSH - Indian Kanoon
MOHIRI BIVEE VS DHARMODAS GHOSH – Indian Kanoon

 

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