Minor Capacity

In: Social Issues

Submitted By marshajoan
Words 2822
Pages 12
JudgmentMohori Bibee and another Vs. Dharmodas Ghose

Mohori Bibee and another Vs. Dharmodas Ghose

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Court : Kolkata

Reported in : (1903)30IndianAppeals114

Judge : Lord Macnaghten; Lord Davey; Lord Lindley; Sir Ford North; Sir Andrew Scoble; Sir Andrew Wilson, JJ.

Decided On : Mar-04-1903

Acts : Indian Evidence Act, 1877 - Section 115; Indian Contract Act - Sections 41, 19, 64, 65

Appellant : Mohori Bibee and another

Respondent : Dharmodas Ghose

Advocate for Respondent : W.W. Box, Adv.

Advocate for Appellant : Watkins; Lempriere, Advs.

Judgment:

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. The amount actually advanced is in dispute. At that time the respondent was an infant; and he did not attain twenty-one until the month of September following. Throughout the transaction Brahmo Dutt was absent from Calcutta, and the whole business was carried through for him by his attorney, Kedar Nath Mitter, the money being found by Dedraj, the local manager of Brahmo Dutt. While considering the proposed advance, Kedar Nath received information that the respondent was still a minor; and on July 15, 1895, the following letter was written and sent to him by Bhupendra Nath Bose, an attorney:—

“Dear Sir,—I am instructed by S.M. Jogendranundinee Dasi, the mother and guardian appointed by the High Court under its letters patent of the person and property of Babu Dhurmodas Ghose, that a mortgage of the properties of the said Babu Dhurmodas Ghose is being prepared from your office. I am instructed to give you notice, which I hereby…...

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