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Dr.Subramanian Swamy Vs. the Registrar, Office of Registrar for Newspa ...

Court : Delhi

..... to put it pithily, the arrow shoots in the trajectory to read the proviso as follows:- provided that no person who does not ordinarily reside in india and is not a citizen of india or who has not attained majority in accordance with the provisions of the indian majority act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper. ..... the proviso as originally enacted read as under: provided that no person who has not attained majority in accordance with the provisions of the indian majority act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper. 10. ..... the proviso to sub-section 8 of section 5 of the said act, which is the focus of attention, reads as under: provided that no person who does not ordinarily reside in india or who has not attained majority in accordance with the provisions of the indian majority act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper. 6. ..... the said act, as proclaimed by its preamble, was enacted to regulate the printing press, newspapers and books. .....

Ramesh Chandra Das Vs. Birendra Kishore Manikya

Court : Kolkata

Reported in : AIR1925Cal513

..... a minor is a person who under the indian majority act (ix of 1875) has not completed the age of 18 years or of whose person and property a guardian has bean appointed by a court of justice or whose property is in the hands of the court of wards and he has not completed the age of 21 years.7. ..... the act in force before the indian majority act was act xl of 1858 which laid down the age of majority as 18 years; but that act was in force only in the mofussil. ..... the indian majority act has therefore, no application.8. ..... it was not applicable to the town of calcutta within the jurisdiction of the supreme court of judicature and the question arose in several cases as to the age of majority on this point; but it will suffice if we refer to the full bench decision in the case of mothoor mohan roy v. ..... the indian majority act, as the preamble shows, applies only to persons domiciled in british india. ..... the proper course in the circumstances of the case will, i think, be to treat the maharaja as a major and for action to be taken on the lines indicated in section 85, civil procedure code. ..... under the dayabhaga school a person who has completed his 15th year is to be considered a major, whereas under the benares school he must have completed his 16th year. ..... there is a slight difference in regard to the age of majority between the two important schools of hindu law. ..... according to the tenets of that school majority is attained after the completion of the 15th year. .....

Rohilkhand and Kumaun Bank Limited Vs. Row

Court : Allahabad

Reported in : (1885)ILR7All490

..... to assume that the indian legislature had intended the same rule to have force in british india; but in framing the indian majority act (act ix of 1875) which is the lex loci on the subject in this country, the legislature would appear not to have adopted that rule, but by limiting the operation of the act to persons domiciled in british india, to have intentionally excluded from its operation persons not domiciled there, and to have left such ..... was admitted by the learned counsel for the appellant, that up to the enactment of the indian majority act, 1875, twenty-one was the age which governed the status of majority of european british subjects domiciled in india. ..... by the indian majority act, 1875, it was declared that 'every person,' save as therein otherwise provided, 'domiciled in british india, shall be deemed to have attained his majority when he shall have completed his age of eighteen years and ..... the following are there marks upon the subject used by those two learned judges: there being no express enactment determining the age at which a european british subject is to be held to have attained majority in this country, so as to be capable of making a contract, we feel ourselves bound to follow the established rule of the courts, and to hold that the privileges and disabilities of minority (so far as they are not removed by express enactment) ..... the words are clear and specific, and the preamble of the act in terms confines its operation to 'the case of persons domiciled' in .....

In Re: SewnaraIn Mohata

Court : Kolkata

Reported in : (1894)ILR21Cal911

..... section 3 of the probate and administration act states that '' minor' means any person subject to the indian majority act, 1875, who has not attained his majority within the meaning of that act, and any other person who has not completed his age of eighteen years; and 'minority' means the status of any ..... the indian majority act, which is specifically referred to in the probate and administration act, we find it stated in the preamble that the act is intended to apply to persons domiciled in british india, and the preamble proceeds: 'it is expedient to prolong the period of non-age, and to attain more uniformity and certainty respecting the age of majority than now exists ..... the classification therefore adopted by the probate and administration act, so far as the provisions relating to the age of majority are concerned, comprises first all that class of persons to whom the majority act applies, that is to say, persons who are domiciled in british india; and, next, the class consisting of 'any other persons who have not completed the age ..... pugh that it must be taken that the legislature, in fixing the age of disability under the probate and administration act, must be taken to refer only to the case of persons domiciled in this country, and that it must not be assumed, unless there are clear expressions in the act to the contrary, that the legislature was seeking to attach the condition of disability to persons to whom no such condition of disability would attach under the laws of .....

Patel Verabhai Kalidas Vs. State of Gujarat

Court : Gujarat

Reported in : I(2000)DMC431

..... section 3 of the indian majority act, 1875 prescribes completion of age of 18 years as the attainment age of majority except in case of minor for whose personal property guardian is appointed or declared by any court of justice in which case such age ..... statements and objects that the indian majority act was intended to prolong the period of nonage in the case of hindus as well as other sections of crown and to attain uniformity and certainty respecting the age of majority. ..... consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent. ..... law have to be borne in mind while dealing with the problem like the present one.reference has been made to some of the provisions of the guardians and wards act, 1890 and before we deal with the same, we may state here itself that section 12 of the said act confers power on the court to make interlocutory order for production of minor and interim protection of person and property. ..... can well be noticed from the preamble which reads 'whereas, in the case of persons domiciled in india it is expedient to prolong the period of nonage and to attain more uniformity and certainty respecting the age of majority than now exists; it is .....

P. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1999)2GLR1422

..... section 3 of the indian majority act, 1875 prescribes completion of age of 18 years as the attainment age of majority except in case of minor for whose personal property guardian is appointed or declared by any court of justice in which case such age is prescribed to be 21 ..... this can well be noticed from the preamble which reads : 'whereas, in the case of persons domiciled in india it is expedient to prolong the period of non-age and to attain more uniformity and certainty respecting the age of majority than now exists; it is hereby enacted as ..... following ground in clause (c):that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent.sub-section (2)(a), however, prescribes for the limitations against entertaining ..... the appeals were argued on a wider canvas, the short and narrow question which would go to the root of the matter is: whether a marriage contracted in contravention of or violation of the proviso to section 15 of the act is void or merely invalid not affecting the core of marriage and the parties are subject to a binding tie of wedlock flowing from the marriage ?then dealing with the provision of section 15 and its proviso it has .....

Harduari Lal and anr. Vs. Musammat Gomi

Court : Allahabad

Reported in : 9Ind.Cas.1017

..... present case lallu mal and jasodha had not attained majority before act ix of 1875 came into force. ..... was then preferred, and the main contention on behalf of the appellants is that the question is concluded by the provisions of the indian majority act, act no. ..... of opinion that the question is concluded by the indian majority act. ..... is a saving clause and prescribes that nothing in the act contained shall effect (a) the capacity of any person to act in the following matters, namely marriage, dower, divorce and adoption; (6) the religion or religious rights and usages of any class of her majesty's subjects in india; or (c) the capacity of any person who before this act comes into force has attained majority under the law applicable to him. ..... their exception is the capacity of any person who before the act came into force had attained majority under the law applicable to such person. ..... that every such other person 'shall be deemed to have attained his majority when he shall have completed his age of 18 years and not before ..... the act was intended to attain uniformity and certainty respecting the age of majority and we think it governs a case such as ..... in the preamble it is stated that 'it is expedient to prolong the period of non-age and to attain more uniformity and certainty respecting the age of majority than now ..... be observed that in section 2 (class a) the only exception made in regard to the application of the provision of the act is in the cases of marriage, dower, divorce and adoption. .....

Dr. Sangamitra Acharya & Anr. Vs.state (Nct of Delhi) & Ors

Court : Delhi

..... indian majority act, 1875 defines 18 years to be the age of majority. ..... the basis upon which they have taken it upon themselves to make z s choices for her notwithstanding that z, having attained the age of majority, can exercise her free will uninfluenced by what her parents might feel or think.79. ..... court has passed consequential orders fastening liability on each of the actors responsible for the above illegal acts and awarded z token compensation even while leaving it open to her to seek other appropriate legal remedies ..... the high court has lost sight of the fact that she is a major, capable of taking her own decisions and is entitled to the right recognised by the constitution to lead her ..... civil society groups, resident s welfare associations, police officers, lawyers and judges to sensitize them about the various compliances under the mha and its successor the mental healthcare act 2017 and how to treat persons who are sought to be governed by the said legislation. ..... petitioners (where she was living of her own free will) by her parents who acted in collusion with the local police of ps malviya nagar and the staff of almas, the court is unable to reach any other conclusion than to hold that z s fundamental rights to life, liberty, privacy, and ..... in such a situation, we are of the considered opinion that as a major, she is entitled to exercise her choice and freedom and the court cannot get into the aspect whether she has been forced ..... the preamble expressly recognized the right to .....

M.K. Agarwal and anr. Vs. Union of India and ors.

Court : Delhi

Reported in : 1994IAD(Delhi)962; AIR1994Delhi242; 53(1994)DLT751; 1994(28)DRJ664

..... provided that no person who does not ordinarily reside in india, or who has not attained majority in accordance with the provisions of the indian majority act, 1875 (9 of 1875), or of the land to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such ..... - if, on an application made to him by the press registrar or any other person or otherwise, the magistrate empowered to authenticate a declaration under this act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold ..... and after giving him an opportunity of being heard, he is satisfied that - (i)hthe newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this act or rules made there under: or (ii)the newspaper mentioned in the declaration bears a title which is the same as. ..... the prayers are: a direction to registrar of newspapers to strictly comply with the provisions of section 6 of the prb act and not to authenticate any declaration sought to be made by any person bearing the title which is same as or similar to thetitle'financialtimes'ofthe petitionereither ..... act, as the preamble ..... (10) the trade marks act, as the preamble would show, provides for the registration and better protection of trade marks and for the prevention .....

P Lathavya Acharya Vs. State Of Karnataka

Court : Karnataka

..... conjunction with the laws of india as contained in the majority act, 1875 which saves customary law in respect of religion or religious rites ..... majority act, 1875 ..... in appointing the peethadhipathi for shri shiroor mutt on the ground that the same would violate section 11 of the indian contract act, 1872; the guardian and wards act; hindu minority and guardianship act, 1956; the disaster management act, 2005 and the epidemic diseases act, 1897; the national policy for children 2013; the karnataka child protection policy, 2016; the fundamental rights guaranteed by the constitution ..... the minor is not capable of exercising free consent and is not competent to contract in terms of section 11 of the indian contract act, 1872 and even under the scheme of guardian 9 9 and wards act, 1890 and as per the provisions of the hindu minority and guardianship act, 1956, as long as the child does not attain 18 years of age, the natural guardians, who are the parents would continue ..... respondents no.5 and 6 in reply to the alleged violation of rights flowing to the peetadhipathi of sri shiroor mutt under the commission for protection of child rights act, 2005, have stated that none of the rights flowing to the peetadhipathi of sri shiroor mutt, who is below the age of 18 years, are affected ..... 61 61 while prescribing the age of majority as 18 years for this purpose, a specific exception is carved out in section 2 which says that nothing contained in the act shall affect the religion or religious rites .....