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Anusha Joy   16 June 2021

Jurisdiction of high court of delhi

company files a claim in
the Mante High Court for damages and recovery
of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty
thousand Only),for breach of contract of contract of a minor. it can be claimed in high court


 3 Replies

Dr J C Vashista (Lawyer)     17 June 2021

Originally posted by : Anusha Joy
company files a claim in the Mante High Court for damages and recovery of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty thousand Only),for breach of contract of contract of a minor. it can be claimed in high court

What / Where is "Mante High Court", presumably moot court topic ???

Pecuniary jurisdiction of Delhi High Court starts from Rs. 2,00,00, 001/-(Two crore one) onward.   

1 Like

Vasundhara Singh (Student)     18 June 2021

 Hello!  

Contracts in India are governed under the Indian Contract Act, 1872. In your query, it is mentioned that the company is claiming compensation for the breach of contract with a minor. Section 10 of the Act states that all agreements are not contracts and for an agreement to be a contract and binding, it should follow the valid essentials given under Section 11 of the Act. One of the main essential is that parties should be competent to contract which means the contract can be entered by parties who are major and any contract with a minor will be void ab initio which means void from the very start.  

Therefore, any contract with a minor has no legal existence and it cannot be ratified by the minor even after he attains majority. Contract with a minor cannot be enforced against him and also there is no liability on the contracting party to perform their part of the contract.   

Only if the contract is entered by the guardian of the minor for his benefit, then it can enforce against the guardian and it will be the responsibility of the guardian to perform the contract and there can be no liability of the minor. Therefore, in your query, it is better to make sure that the contract was a valid one any suit before the court will not waste the time of the court. If the application is found with wrong cause, then the court has the right to fine the petition.   

Regards  

Vasundhara Singh  

T. Kalaiselvan, Advocate (Advocate)     19 June 2021

This appears to be a moot court question because there is no such court called Mante high court at least in India.

Minors (those under the age of 18) lack the capacity to make a contract.

So a minor who signs a contract can either honor the deal or void the contract.

any contract with a minor has no legal existence and it cannot be ratified by the minor even after he attains majority. Contract with a minor cannot be enforced against him and also there is no liability on the contracting party to perform their part of the contract.  

Your question itself has an answer that this is not a valid question because no action is maintainable if the contract itself is void. 

 


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