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Rajasekhar Vs. Siddalingappa

Court : Karnataka

Reported in : ILR1986KAR2765

..... 3 of the indian majority act, 1875 reads as follows :'3. ..... dated 22 1-1962 (ex.d.11) and therefore, it must be held that during the said period from 13-2-1959 to 22-1-1962, the property was under the superintendence of the court of wards and as such plaintiff-1, would in law, attain majority after completing the age of 21 years as per section 3 of the indian majority act, 1875.17. ..... and every minor of whose property the superintendence has been or shall be assumed by any court of wards before the minor has attained that age shall, notwithstanding anything contained in the indian succession act or in any other enactment be deemed to have attained the majority when he shall have completed his age of twenty-one years and not before.subject as aforesaid, every other person domiciled in india shall be deemed to have attained his ..... the court of wards contemplated under section 3 of the indian majority act and the superintendence of the property of the minor by such court of wards cannot by any stretch of imagination be superintendence by a court through a receiver appointed by ..... this juncture, the contention of sri nanjundaswamy on the basis of section 3 of the indian majority act may conveniently be dealt with.18. ..... argued that even in the absence of a provision like explanation-ii in section 7 of the indian limitation act, 1908, courts have ruled that for the application of section 7, actual management of the joint family property by the person who attains majority has been held necessary. .....

V.N. Swaminathan Vs. Angayarkanni Ammal and ors.

Court : Chennai

Reported in : AIR1964Mad11

..... has also to be noted that the first part of section 3 will operate notwithstanding anything contained in the indian succession act on in any other enactment.section 4 of the guardians and wards act defines a minor to mean a person who under the provisions of the indian majority act, 1875 is to be deemed not to have attained his majority. ..... the indian majority act, 1875 by section 3 provides that every person domiciled in part a states shall be deemed to have attained his majority when he shall have completed his age of 21 years and not ..... has now applied to this court for discharging the first and second respondents from joint personal guardianship on the ground that the provision in the indian majority act, 1875, regarding minority is superseded by the specific provision in section 5(b) of the hindu minority and guardianship act, 1956, and that notwithstanding the fact that the court guardians of his person were appointed, he has on his completion of 18 years of age become a major. ..... , that the definition of a minor in the hindu minority and guardianship act will prevail over the definition of a minor contained in section 3 of the indian majority act.but as i read the sections in the two enactments, i am unable to regard section 4(a) of the hindu minority and guardianship act as in any way inconsistent with section 3 of the indian majority act a perusal of the sections of the hindu minority and guardianship act shows that its purpose is merely to replace the personal law governing .....

Ragjawa Narayan Mishra Vs. Chief Executive Officer, Bihar Rajya Khadi ...

Court : Patna

..... the provision of section 3 of the majority act, 1875, clearly provides as to what is the age of a person domiciled in ..... in this context, it would be necessary and profitable to refer the provision of section 3 of the majority act, 1875 which is reproduced as hereunder:3. ..... the entry in the government service has been on attainment of the age of majority, in other words, on completion of age of 18 years and on completion of 40 years thereafter obviously a person would attain the age of 58 years and, therefore, that has been prescribed as the age of superannuation in the ..... it leaves no any manner of doubt that in this country the age of majority of a person, domiciled in india, has been on his attaining the age of eighteen years and ..... every person domiciled in india shall attain the age of majority on his completing the age of eighteen years and not ..... computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day.15. ..... - every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject ..... very clear and evident from the said provision that in, so far as, the competence for a valid contract in terms of the age is concerned, one has to attain the age of majority and majority obviously would be according to law. .....

P. Ilesh Yadav Vs. P. Suvarna and anr.

Court : Andhra Pradesh

Reported in : 2002(1)ALD(Cri)606; 2002(2)ALT(Cri)29; I(2003)DMC752

..... explanation:---for the purposes of this chapter:-- (a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority: (b)'wife' includes a woman who has been divorced by or has obtained a divorce from, her husband and has not remarried................................................................................................................................................................................................................................ ..... neglects or refuses to maintain------- (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself; or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of such neglect or refusal,order ..... (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. ..... 6 and 8 of dowry prohibition act before the women police station, hyderabad, on 29-1-1998. .....

Jyoti Alias Jannat and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(4)AWC2844

..... according to the provisions of the indian majority act, 1875, a person who is 18 years of age is major vide section 3 of the said act. ..... that may be so, but once a person becomes a major, that person cannot be restrained from going anywhere or living with any body. ..... the law deems that a major understands his/her welfare. ..... hence, if a person is a major even parents cannot interfere with that individual.3. ..... hence a major can go wherever he/she likes and live with any body. ..... 1 is a major as is evident from her high school certificate filed as annexure-2 to the writ petition, which shows that her date of birth is 20.7.1984. .....

Abdul Azeez Vs. Pathumma Bi

Court : Chennai

Reported in : AIR1952Mad754; (1952)1MLJ463

..... was followed and it was held that: "once a marriage has been performed and the dower is settled, a wife who (although a major according to the personal law of the lady) is still a minor under the majority act, 1875 is not competent to relinquish the whole or part of her dower to change its character". ..... the indian majority act, ix of 1875 provides that every person domiciled in british india shall be deemed to nave attained his majority when he shall have completed his age ..... kairhirapokoil, 3 mad 248, a bench decision wherein it has been held that:" section 2 of act ix of 1875 (indian majority act) refers only to the capacity to contract which is limited by section 11 of the contract act, and not to the capacity to sue, which is purely a question of procedure and regulated by the ..... whether by reason of this provision an exception can be grafted to order xxxii rule 1 of the code and it can be held that a minor within the meaning of the indian majority act and therefore within the meaning of the civil procedure code can institute a suit in respect of the matters specified therein in a civil court governed by the code without being represented by ..... the agreement about the payment of a certain amount of dower is a part of the contract of marriage and a person who is a minor under the indian majority act, but a major under the muhammadan law, is capable of relinquishing the dower as consideration for obtaining 'khula', which is a form of divorce recognised by the muhammadan law and .....

Shail Kumari Devi and anr. Vs. Krishan Bhagwan Pathak @ Kishun B. Path ...

Court : Supreme Court of India

Reported in : AIR2008SC3006; 2008(56)BLJR2598; 2008CriLJ3881; II(2008)DMC363SC; [2008(4)JCR125(SC)]; JT2008(8)SC227; 2008(3)KLT576; 2008(10)SCALE602; (2008)9SCC632; 2008AIRSCW5063; 2008(4)LH(SC)2860

..... purposes of this chapter, - (a) "minor" means a person who, under the provisions of the indian majority act, 1875( 9 of 1875) is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her ..... purposes of this chapter, - (a) "minor" means a person who, under the provisions of the indian majority act, 1875( 9 of 1875) is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her ..... to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such ..... to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such .....

Prabhu Dayal Sesma Vs. State of Rajasthan and Another

Court : Supreme Court of India

Reported in : AIR1986SC1948; 1986LabIC1928; 1986MhLJ816(SC); 1986(2)SCALE362; (1986)4SCC59; [1986]3SCR665; 1987(1)SLJ207(SC); 1986(2)LC713(SC); 1986(2)WLN250

..... it is argued that the learned judges were in error in introducing the legal concept of the age of majority as laid down in section 4 of the indian majority act, 1875 for the purpose of interpreting rule 11-b. ..... the legislature has expressly provided in section 4 of the indian majority act, 1875 that how the age of majority is to be computed. ..... in coming to that conclusion the learned judges relied upon the language of rule 11-b of the rules which prescribes the age limit for the said examination and also referred to section 4 of the indian majority act, 1875. ..... computed-in computing the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of section 3, at the beginning of the twenty-first anniversary of that day, and if he falls within the second paragraph of section 3, at the beginning of the 18th anniversary of that day.the section ..... 550 it appears that section 9 of the family law reforms act, 1969 has abrogated the old common law rule stated in re. ..... section 10(1) of the criminal justice administration act, 1914 provides that a person might be sent to borstal if it appears to the court that he is not more than 21 years of age. .....

Smt. Wafatan Vs. Jamil Ahmed

Court : Rajasthan

Reported in : I(1999)DMC327

..... long as a minor child is unable to maintain himself (his inability on the ground of minority is to be considered according to the provisions of the indian majority act, 1875) he is legally entitled to claim maintenance from his father who has sufficient means to maintain him. ..... is nothing in the act in any way affecting the application of these provisions to the children and parents governed by muslim law...as regards children, the code adopts the age of minority from the majority act, 1875 by saying : 'minor means a person, who, under the provisions of indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority'. ..... their lordships of the apex court addressed themselves to the question as to whether the children of muslim parents are entitled to grant of maintenance under section 125, criminal procedure code for the period till they attain majority or are able to maintain themselves, whichever date is earlier, or in the case of female children till they get married or is their right restricted to the grant of maintenance only for a period of two years prescribed ..... cases of mohammedons where the mother is entitled to the custody of child even after divorce upto a particular age, the obligation of a muslim father to maintain his minor children, unable to maintain themselves, till they attain majority, if they are male, and in the case of females till they get married, is absolute, notwithstanding the fact that the minor children are living with the divorced wife.'25 .....

Ganesh Ram Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(110)FLR156]; [2006(2)JCR489(Jhr)]

..... , those who have completed their fourteenth year but are below eighteenth year of age.the indian majority act, 1875 does not impose any prohibition of employment of a minor in the services of the state, civil body/ ..... universities/constituent colleges, even if a person was appointed while he was a minor and thereby any provision of the indian majority act, 1875 and child labour (prohibition and regulation) act, 1986 was violated, for that the employee cannot be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment. ..... so far as the indian majority act, 1875, as referred by the learned single judge, is concerned, there is no prohibition, made therein, for appointment of a minor in the services of state, civil body, government ..... our considered views are as follows:(i) a person, who has completed his 14th year of age but had not completed his 18th year [adolescent-as defined under clause (a) of section 2 of the minimum wages act, 1948] is eligible for appointment, if rule/guideline, issued by the employer so permits:(ii) if a person, who has not attained 18th year of age, is appointed de hors the rule, his appointment ..... indian majority act, 1975 and the child labour (prohibition and regulation) act, 1986 ..... indian majority act. ..... 1875 or child labour (prohibition and regulation) act, 1986 has been violated, penal actions are there to be taken against the erring persons .....