Mohori Bibee v. Dharmodas Ghose
ContractShort summary
The Privy Council held that a contract entered into by a minor is void ab initio (void from the outset), not merely voidable, since a minor lacks the contractual capacity required under Section 11 of the Indian Contract Act. The mortgage executed by the minor respondent was held void, and the lender was not entitled to recover the money advanced, as there wa...
The Privy Council held that a contract entered into by a minor is void ab initio (void from the outset), not merely voidable, since a minor lacks the contractual capacity required under Section 11 of the Indian Contract Act. The mortgage executed by the minor respondent was held void, and the lender was not entitled to recover the money advanced, as there was no valid contract to enforce restitution under Section 65. This remains the foundational authority on minors' contracts in Indian law.
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