...20 years of age and legally his aga of majority under the Indian Majority Act was postponed to 21 years. 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. Both the Courts below have overruled the plea and held...that the plaintiff is entitled to a decree. The only point argued in this appeal is that despite anything in section 2 of the Indian Majority Act, 1875 a Mahomedan husband who...

...that the provision in the Indian Majority Act, 1875, regarding minority is superseded by the specific provision in S. 5(b) of the Hindu Minority and.... In order to decide this question it will be necessary to notice the relevant statutory provisions. The Indian Majority Act, 1875, by S. 3 provides that every person...other enactment. S. 4 of the Guardians and Wards Act defines a minor to mean a person who under the provisions of the Indian Majority Act, 1875...

...1. The point that arises for consideration in this civil revision petition is whether the plaintiff, who is a minor under the Indian Majority Act but who is a...been held that: " Section 2 of Act IX of 1875 (Indian Majority Act) refers only to the capacity to contract which is...was incompetent, still the decision has turned upon the interpretation of the words occurring in Section 2(a) of the Indian Majority Act viz., " to act in the matter of...

...contends that the Majority Act IX of 1875 was applicable, and that consequently she did not come of age till she was twenty-one, i.e., till 1879, and by the Limitation Act XV of 1877 the suit would not be...barred before 1882. 3. The third section of the majority act makes it applicable, subject to the provisions of section 2, to "every minor of whose person or property a guardian has...Indian Succession Act (No. X of 1865) 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." In the present...

...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...(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...may order the father of a minor female child referred to in Clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female...

...having been under eighteen years of age, was a minor according to the Indian Majority Act, she was more than fourteen years' old and that, therefore, under the Hindu law...she was not a minor. On that ground we are asked to hold that, according to that law, she was competent to make a will. But the Indian Majority Act has modified the Hindu law...Majority Act has not affected the rule of Hindu law on the question of minority so far as the competency of a Hindu to make a gift inter vivo is concerned. That argument is clearly unsustainable...

...completion of the eighteenth year of age.”In 1875, the Indian Majority Act was passed, and it provided under S. 3 that “Every minor of whose property the...capacity of any person to act in the following matters, (namely), marriage, dower, divorce, and adoption,”3. Now we see that 18 is the age of majority for Wards of Court under the...Regulation before Act IX of 1875, was passed and it is the age of majority for other persons under Act IX of 1875 but when the Indian Majority Act was passed at a time while...

...Section 4 of the Indian Majority Act, 1875. They have relied on certain decisions of different High Courts, particularly to that in G. Vatsala...the Indian Majority Act, 1875 for the purpose of interpreting Rule 11-B. It is said that the purpose of Rule 11-B framed by the government was to prescribe the maximum and minimum age limits for entry...construed and how it is understood in common parlance. The legislature has expressly provided in Section 4 of the Indian Majority Act, 1875 that how the age of majority is to be computed. It reads...

...Sulaiman, C.J and Iqbal Ahmad, J.:— This is a defendant's appeal arising out of a suit for recovery of half the dower debt on the ground that the defendant has divorced the plaintiff and that there had been no consummation of marriage. The plaintiff's case was that the defendant, without the knowledge or consent of the plaintiff and without any relinquishment of the dower debt, pronounced divorce which put an end to the first marriage. The claim was resisted by the defendant on the ground that at the time of the marriage fraud and misrepresentation were practised by the plaintiff's guardian, viz her father, and the marriage was voidable and therefore no claim for dower could be maintained. It was further pleaded that owing to the fact that the plaintiff's maternal aunt was a woman of low caste the defendant wanted to repudiate the marriage, and then it was agreed that there could be a khula in consideration for the relinquishment of the dower, and that the khula was ultimately gone through by the plaintiff through the medium of her father in the presence of maulvies.The learned District Judge has come to the conclusion that the defendant's part of the story is correct and it appears that it was some time afterwards, when the defendant discovered that the plaintiff's grandmother on her mother's side was a sweeper woman, he no longer desired to have anything to do with his wife; that the parties had never lived together; and ultimately Qasim Husain and...

...deciding Issue No. 1.3. It is further urged that in view of sec. 2 of the Majority Act IX of 1875, the Court of Appeal below is in error in holding that the...hand it is urged by the learned Advocate for the Respondent that sec. 2 of the Majority Act IX of 1875 does not obviate the necessity of appointing a next friend or a guardian...of a person below the age prescribed as; his age of majority under sec, 3 of the Majority Act; and all that it does is to confer competency on the minor to enter into certain transactions which would...

...decree in 1932, but it proved infructuous and the darkhast was disposed of on January 31, 1934. The provisions of the Indian Majority Act, 1875, having been adopted by the..., since he, not being domiciled in British India, is not entitled to the benefit of s. 3 of the Indian Majority Act, 1875. There is no doubt that the Indian...Majority Act, 1875, is intended “to prolong the period of nonage” and fix the age of majority “in the case of persons domiciled in British India”. Hence the Act is not applicable to those who...

....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...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...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...

...ground that at the time of its execution she was below 18 years of age and had not attained majority under the Majority Act. In reply to this the defendants relied on Sec. 2 of the Act and contended...that for purposes of relinquishing a part of the dower the age of majority would be according to the personal law of the lady and not according to the Majority Act. This contention of the defendants...on the date of the ekrarnama was 17 years and 2 months, and it must be taken that at the time she was a minor under the Majority Act. The only question which remains to be decided is whether the...

...Hindus and of Mahometans. If this question were not complicated by the exception contained in the Majority Act to which we shall presently refer, there could be no doubt the renunciation of the dower by...the Majority Act shall affect the capacity of any person “to act in the matter of dower.” It was contended by Mr. Rajagopalachariar for the respondent that in releasing the right to dower the...inclined to hold that the plaintiff brought herself within the meaning of Section 2 of the Majority Act. In our...

...petition, holding that by virtue of Section 3 of the Indian Majority Act, the ward will attain majority only at the age of 21.3. Petitioner in this case has applied...the benefit of the minor child. The Court granted a decree in favour of the petitioner, allowing him to sell away the property of the minor. The Act does not deal with majority of the minor. Since the...minor has attained the age of 18 years, the right of the guardian ceases so far as the property of the minor is concerned. Nowhere in the Act the word ‘majority’ has been used. The learned counsel for...

...personal law to which he or she is subject but is not a major according to the provisions of the Majority Act, can institute or defend a suit without a next friend or a guardian-ad-litem as the case may...Section 2(a) of the Majority Act. His Lordship in his judgment pointed out that a minor can file a suit for the recovery of a sum not exceeding Rs. 5...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 a whole or...

...minority the question as regards the age at which minority ceases is governed by the Indian Majority Act. The point arose in two reported cases and this was the view there taken...majority under the Indian Majdrity Act, Section 3. Bai Gulab v. Thakore Lal (1912) I.L.R. 36 B. 622...the decisions laying down this proposition of law have generally proceeded is that for making a gift the attainment of majority as denned in the Indian Majority Act is...

...Indian Majority Act, 1875, by Section 52 of the Guardians and Wards Act of 1890. Section 3 of the Indian Majority Act, as it now stands, says that...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...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...

...year of age”. In 1875, the Indian Majority Act was passed, and it provided under Sect. 3 that “Every minor of whose property the superintendence has been or shall be assumed...(namely) marriage, dower, divorce, and adoption.Now we see that 18 is the age of majority for Wards of Court under the Regulation before Act IX of 1875 was passed and it is the age of...majority for other persons under Act IX of 1875 but when the Indian Majority Act was passed at a time while Regulation V of 1804 was still in force, its effect was to raise the...

...he would have retired on the afternoon of 31.3,81. The judgment does not contain any reason nor does it refer to the provisions of the Indian Majority Act, 1875, or the...also been made to the provisions of the Indian Majority Act, 1875, as to how age of majority should be computed. Section 4 of the Indian Majority Act, 1875...referred to earlier, was not drawn to the provisions of Section 4 of the Indian Majority Act, 1875, or the decision in Prabhudayal's case. The principle of the decision squarely...