Court : Kolkata
Reported in : (1876)ILR1Cal389
..... in my opinion she is, for the decree in the suit made her a ward of court, and i think the appointment by the court of her husband as guardian ad litem was sufficient to bring her within section 3 of the majority act, 1875, at all events so far as relates to the property in suit. ..... act ix of 1875 was passed for the purpose of attaining greater certainty respecting the age of majority, but itself causes the uncertainty out of which this application arises. ..... section 3 of the act is as follows: 'every minor of whose person or property a guardian has been or shall be appointed by any court of justice, and every minor under the jurisdiction of any court of wards, shall, notwithstanding anything contained in the indian succession act, or in any other enactment, be deemed to have attained his majority when he shall have completed his age of 21 years, and not before.'2. .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal134
..... defendant to a suit is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor, to put in the defence for such minor, and generally to act on his behalf in the conduct of the case.a guardian for the suit is not a guardian of person of person or property within the meaning of the indian majority act, 1875, section 3. ..... as regards the contention that the suit is bad, because the court never gave the sanction necessary under section 3, act xl, 1858, it seems that the munsiff, on the defendant's objection, put in issue the question whether a certificate under the act was necessary, and deciding, rightly enough, that the permission of the court was sufficient, proceeded to hold that the mere admission of the plaint sufficiently indicated that sanction was accorded. ..... the effect of section 3, act xl, 1858, read with section 440 of the code is, that a minor plaintiff must not only always sue by his next friend, but when the suit relates to the minor's estate, the person representing the minor must either hold a certificate under the act, or must obtain the sanction of the court for the suit to proceed.7. .....
Tag this Judgment!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 ..... 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 ..... 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 ..... the question is whether, under the probate and administration act, the applicant, being a major according to the law of his own country, is notwithstanding that he is still under the age of 18 years, entitled to an order for ..... to me there is nothing in either of these two cases which indicates that anything but the ordinary and natural construction should be placed on the words of the section of the probate and administration act which defines the age of majority .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR897
..... we are bound by that decision and it follows that there was in fact, within the meaning of section 30 of the indian majority act, an appointment of the guardian of the property of the plaintiff when he was a minor.12. ..... that when no certificate has actually issued as to the administration of the estate of the minor, it cannot be held that there has been an appointment of the guardian of the person within the view of section 3 of the indian majority act, the decision was arrived at upon the construction of the words 'until he shall have obtained such certificate,' which occur in section 2 of act xx of 1864, and that, the decision in yeknath v. ..... the question of limitation only arises however in the form of the contention that if article 119, of schedule ii of the prior limitation act applies, the plaintiff cannot sue in the character of an adopted son, when the suit described in article 119 has not been brought within the period of limitation ..... that the plaintiffs age was 2 1/2 years at the date when the application was made to the district court for the appointment of a guardian to administer his estate and the plaintiff did not attain majority till he was twenty-one years of age if a guardian of his property or person was appointed.4. ..... when a man obtains an order for a certificate he does in substance comply with the terms of this act, in the same way as when a person has the judgment of the court that he shall have a decree in his suit it may be said that he then obtains .....
Tag this Judgment!Court : Kolkata
Reported in : 6Ind.Cas.6
..... of them are of dates antecedent to the amendment; of the indian majority act, 1875, by section 52 of the guardians and wards act of 1890. ..... if that were so open, the words of the section of the indian majority act, to which we have referred, appear so plain that it would be impossible to put two interpretations ..... section 3 of the indian majority act, as it now stands, says that 'every minor of whose person or property or both a guardian other than a guardian for a suit has been or shall be appointed or declared by any court of justice, before the minor has attained the age of eighteen years shall, notwithstanding anything contained in the indian succession act (x of 1865) or in any other enactment, be deemed to have attained bis majority when he shall have completed his age of twenty-one ..... it is argued that the provision of the indian majority act has never yet been applied by the court to the case of a person making a will, and it is said that the matter is, therefore, res integra and that it is open to us to decide that it does not apply to the case ..... has been rejected by the learned district judge of saran, on the ground that at the date of the alleged will, that is the 5th april 1907, lala kondhey lal had not attained majority and was, therefore, under section 46 of the succession act, as extended by section 2 of the hindu wills act to hindus, incapable of making' a will.2. ..... certificate it appears that the then minor would not attain his majority until the 28th august 1909.4. .....
Tag this Judgment!Court : Mumbai
Reported in : (1914)16BOMLR625
..... judge sought to overcome those difficulties (1) by declaring the infants wards of court, and (2) by taking advantage of section 3 of the indian majority act, 1875, as amended by section 52 of the guardians and wards act, 1890, and declaring under section 7 of the latter act that the plaintiff was their guardian so as to prolong their minorities until they attained respectively the age of twenty-one years. ..... and further, no order declaring a guardian could by reason of the 19th section of the guardians and wards act, 1890, be made during the respondent's life unless in the opinion of the court he was unfit to be their guardian, which was clearly not ..... have been felt by reason of the facts (1) that the suit was not such as to make the infants wards of court, and (2) that the elder infant would within a very short time attain his majority according to hindu law. ..... inter parks is not the form of procedure prescribed by the act for proceedings in a district court touching the guardianship of infants. ..... if, however, the authority has been acted upon in such a way as, in the opinion of the court exercising the jurisdiction of the crown over infants, to create associations or give rise to expectations on the part of the infants which it would be undesirable in their interests to disturb ..... the defendant's offer, and by a letter to the defendant, dated the 6th march 1910, affected to appoint the defendant to be guardian of their persons and authorised her to act as such from that time forward.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal139,66Ind.Cas.261
..... but this is not sufficient for the purposes of the appellant, because, under section 3 of the indian majority act (1875), the period of minority is extended from eighteen years to twenty-one years, if a guardian has been appointed either of the person or of the ..... by reason of the provisions of the indian majority act, the effect of that order, if valid, was to extend the minority of the defendant until he attained ..... august 1901, the mother of the infant was appointed administratrix to the estate left by her deceased husband, the properties seated to be the properties of the infant within the meaning of section 3 of the indian majority act. ..... ' this section corresponds to section 179 of the indian succession act (1865), which was considered by this court in the case of braja ..... counsel for the appellant was that the order appointing the guardian, who was the sister of the defendant, was a nullity, and that the defendant had in fact attained his majority in may 1919.4. ..... section 9 of the guardians and wards act (1890) provides that if the application is with respect to the guardianship of the person of the minor, it may be made to the district court having jurisdiction in the place where the minor ordinarily resides, or to ..... by section 4 of the probats and administration act (v of 1881) it is provided as follows:'the executor or administrator, as the case may be, of a deceased person, is his legal representative for all purposes, and all the property of the deceased person vests .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal322
..... the only point argued in this appeal is that despite anything in section 2 of the indian majority act, 1875 a mahomedan husband who is a minor according to the other sections of that act, read with section 11 of the majority act, is not competent to enter into a contract of dower. ..... it is a matter of common knowledge that hundreds and hundreds of mahomedans are in this country contracting marriage who have not attained majority under the indian majority act, but are competent under their personal law to do so and such persons by entering into marriage contracts take upon themselves the liability for payment of the dower. ..... it appears to me that section 2 of the indian majority act has referred to those who have under their personal law attained majority but have not yet attained it under that act the right to act as majors in matters of marriage and dower and the fixing of the amount and nature of dower is an act in the matter of dower. ..... the defence was that at the time of the marriage the defendant was a minor under the indian majority act and, therefore, incompetent to enter into a contract for payment of the dower. ..... i think that the words in section 2 of the indian majority act to act in the matter of dower mean to do all acts in relation thereto, including entering into a contract for payment of dower, which are permissible under the personal law of the party free from the restriction of age put by the indian majority act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR204
..... view of the trial judge as to the effect of the indian majority act, 1875, and of the madras act i of 1914, (which they held to have been ultra vires ..... was, however, pointed out by the respondents that, by the majority act, 1875, every minor of whose person or property a guardian has been or shall be appointed by any court of justice, and every minor under the jurisdiction of any court of wards, shall, notwithstanding anything contained in the indian succession act or in any other enactment, be deemed to have attained his majority when he shall have completed his age of twenty-one years ..... and not before; and this is accompanied by a provision that every other person domiciled in british india shall be deemed to have attained his majority when he shall have completed his age of eighteen years ..... if it were only a question of the english rule against perpetuities, there would be no objection to the will but there comes in section 101 of the indian succession act of 1865, under this section no bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the ..... , for reasons which he gave, contravene the indian rule against perpetuities in view of the provisions of act ix of 1875, as amended by the guardians and wards act, 1890.5. .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR1372
..... under section 2 (a) of the indian majority act, nothing in that act shall affect the capacity of any person to act in marriage, dower, divorce and adoption. ..... the parsi marriage and divorce act xv of 1865 treats every parsi under the age of twenty-one as a minor. ..... the wife suing for a divorce acts in the matter of divorce. .....
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