LANDMARK CASE
Mohori Bibee v. Dharmodas Ghose
(1903) ILR 30 Cal 539 (PC) · Privy Council · Contract law
At a glance
- Citation: (1903) ILR 30 Cal 539 (PC)
- Court: Privy Council
- Area of law: Contract law
- In one line: A minor's agreement is void ab initio. The minor need not repay the money advanced.
1 Facts
A minor mortgaged his property to a moneylender. The minor later sued to cancel the mortgage.
2 Issue
Is a contract with a minor valid?
3 What the court decided
A minor's agreement is void ab initio. The minor need not repay the money advanced.
4 Why it matters
It remains the foundation of the law on minors' contracts in India.
5 Think about it
How does this rule balance protecting minors against fairness to the other party?
6 Analyse it yourself
Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.
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- Fateh Chand v. Balkishan Dass AIR 1963 SC 1405
- Felthouse v. Bindley (1862) 11 CB (NS) 869
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