Hi gerth,
Briefly, a contract entered into by a minor in India is not valid or
binding unless co-signed by a parent or guardian.
LAW OF CONTRACT IN INDIA:
Capacity of parties:
"Parties must be competent to contract. A person is competent to
contract if, at the time of making it, he is of sound mind, major and
not disqualified from contracting under law. where he has not attained
the age of 18 years (or being under a court of wards, has not attained
the age of 21 years), he cannot contract. Agreements made by minors
are void. Minors cannot, on attaining majority, ratify agreements
entered into during their minority.
But if a minor makes a fraudulent misrepresentation about his age and
obtains a loan, he can be required (at the discretion of the court) to
refund it or to make compensation for it."
http://www.saarclawnet.com/saarclawnet/sca2.html
One example:
"However, by proving to the judge that she had been a minor when she
put her signature to this binding contract, Rekha wriggled out of the
stranglehold..."
http://movies.indiainfo.com/tales/1110_rekha.html
The Juvenile Justice Act, 1986
http://www.vakilno1.com/bareacts/juvenilejusticeact/juvenilejusticeact.htm
I hope this is what you are looking for. If you have any questions,
please post a clarification request *before* closing/rating my answer
and I'll be happy to reply.
Thank you,
hummer
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Clarification of Answer by
hummer-ga
on
14 Dec 2004 10:04 PST
Hi gerth,
Your clarification questions are very broad and would take days to
research by someone with access to a Law Library in India. I suggest
you read the Juvenile Justice Act thoroughly to familiarize yourself
with the law which is in place to protect juveniles. Each case must be
considered individually (was the confession obtained under torture,
was the child properly represented, how long was the child detained,
etc) but reading the following two websites will give you a good
start.
Humans Rights Watch:
"The Juvenile Justice Act prohibits the detention of juveniles in
police station or jails for periods longer than twenty-four hours."
http://www.hrw.org/reports/1996/India4.htm
The Juvenile Justice Act, 1986
http://www.vakilno1.com/bareacts/juvenilejusticeact/juvenilejusticeact.htm
As stated in the disclaimer at the bottom of the page, GA can only
provide "general information and is not intended to substitute for
informed professional ...legal ...advice."
Regards,
hummer
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