Search Results Page

Search Results

1 - 10 of 11 (0.18 seconds)
Basayya Shivabasayya vs Baslingayya Channayya on 15 January, 1947 cites

Mohammad Ali Khan vs Ahmad Ali Khan And Ors. on 11 May, 1945

4. That section, therefore, by itself would entitle the plaintiff in such a suit as the present one, if he was a minor at the time from which the period of limitation is to be reckoned, to file the suit within 12 years from the date on which the disability had ceased. That period of 12 years is cut down to three years under the provisions of Section 8 of the Act. Mr. Justice Lokur held that the plaintiff in this case, though he was a son in embryo at the date of the alienation from which the limitation has started, must be held to be a minor within the meaning of Section 6. He did not agree with the decision in Muhammad Khan v. Ahmad Khan (1928) I.L.R. 10 Lah. 713 where it was thought that in that case the period of 18 years which would determine the plaintiff's disability would run from the date of his conception and that that date would never be ascertained with any degree of certainty. On this point Mr. Justice Lokur relied on Section 3 of the Indian Majority Act, which provides inter alia that every person domiciled in British India shall be "deemed to have attained his majority when he shall have completed his age of eighteen years and not before." In his opinion the expression "and not before" clearly indicates that the minority does not terminate until the age of 18 had been completed, and that the age is to be counted from the date of the birth of the person in question and not from the date of his conception.
Allahabad High Court Cites 27 - Cited by 16 - Full Document
1   2 Next