Mohiri Bibee V Darmodas Ghose Case (Landmark Case)
MOHORI BIBEE Vs. DHARMODAS GHOSE ILR (1903) 30 CAL 539 (PC) Section 2(h) of the indian contract act defines a contract as a legally binding agreement. Contracts cannot be entered into by anyone; competency in this regard is outlined in Section 11 of the Act. Section 11 of the Indian Contract Act of 1872 states that anyone of majority age, of sound mind, and not disqualified by law is competent to contract. The Indian Majority Act of 1875 established the age of majority; according to Section 3 of the Act, anyone who has reached the age of 18 is a major. The Contract Act establishes the law regarding competency, but it makes no mention of the effect of a contract entered into by a minor. The following landmark case has resolved this conundrum. BENCH: Lord Mcnaughton, Lord Davey, Lord Lindley, Sir Ford North, Sir Andrew Scoble, Sir Andrew Wilson COURT: Privy Council FACTS In this case, Dharmodas Ghose, while still a minor, entered into an agreement with Brahmodutt, a moneylen...