Mohori Bibee v. Dharmodas Ghose (1903) ILR 30 Cal 539 (PC)
Mohori Bibee v. Dharmodas Ghose (1903) ILR 30 Cal 539 (PC) Parties: Plaintiff: Mohori Bibee (represented by her agent Brahmo Dutt) Defendant: Dharmodas Ghose Facts: Dharmodas Ghose, a minor, borrowed money from Brahmo Dutt, a moneylender, by mortgaging his property. At the time of the transaction, Dharmodas Ghose was underage, and this fact was known to Brahmo Dutt's agent. Later, Dharmodas Ghose, through his mother (acting as his legal guardian), filed a suit claiming that the mortgage was void since he was a minor at the time of the agreement, and hence, incapable of entering into a contract. The Privy Council was approached after the lower courts ruled in favor of Dharmodas Ghose, declaring the contract void and unenforceable. Issues Before the Court: The primary issue was whether a contract entered into by a minor, who is legally incompetent to contract under the Indian Contract Act, 1872, could be considered valid and enforceable. Decision of the Court: The Privy Counci...