Court : Supreme Court of India
Reported in : AIR1996SC1153; 1996(1)ALD(Cri)798; 86CompCas66(SC); 1996CriLJ1635; 223ITR601(SC); JT1996(1)SC173; 1996(1)SCALE208; (1996)2SCC226; 1SCR395
..... act was enacted and enforced with effect from march 31, 1975. the 1974 act was enacted with a view to provide for the abolition of wagering or betting on horse races in the state of tamil nadu. it is thus obvious that the consistent policy of the state government, as projected ..... l.j. in earl of ellesmere y. wallace (1929) 2 ch1, while dealing with the question whether there was a contract by way of wagering between the jockey club and the horse owners observed as under :to the unsophisticated racing man (if such there be) i should think that nothing less ..... state government, but the said provisions have been brought into. existence and enforced by an act of legislature called the tamil nadu horse races (abolition and wagering or betting) act, 1974 (the 1974 act). section 2 of the said act is in the following terms :2. amendment of tamil nadu act vii ..... so depend, form two distinct and separate categories. the difference between the two classes of competitions is as clear-cut as that between commercial and wagering contracts. on the facts there might be difficulty in deciding whether a given competition falls within one category or not; but when its true character ..... gaming act, 1867 provided punishment for public gambling and the keeping of common gaming house. gaming was defined in the bengal act to include wagering or betting except wagering or betting on horse races. the next legislation was the bombay prevention of gambling act, 1887 which defines 'gaming' in similar terms as .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1959SC781; Supp(2)SCR406
..... 339 expressly ruled that the common law of england was in force in india and under that law an action might be maintained on a wager. the wager dealt with in that case was upon the average price which opium would fetch at the next government sale at calcutta. lord campbell in ..... k.b. 351 had finally resolved the conflict by holding that such a claim was not sustainable whether it was made under the original contract of wager between the parties or under a substituted agreement between them; (4) under the gaming act, 1892, in view of its wide and comprehensive phraseology, ..... 8 & 9 vict. c. 109, s. 18 (english gaming act, 1845). lindley, j., observed at page 687 : 'now, if gaming and wagering were illegal, i should be of opinion that the illegality of the transactions in which the plaintiff and the defendant were engaged would have tainted, as between themselves ..... be recoverable at law - saving for subscriptions for prizes -.............. all contracts or agreements, whether by parole or in writing, by way of gaming or wagering, shall be null and void; and...... no suit shall be brought or maintained in any court of law and equity for recovering any sum of ..... as follows : the appellant, gherulal parakh, and the first respondent, mahadeodas maiya, managers of two joint families entered into a partnership to carry on wagering contracts with two firms of hapur, namely, messrs. mulchand gulzarimull and baldeosahay surajmull. it was agreed between the partners that the said contracts would be .....Tag this Judgment!
Court : Mumbai
Reported in : (1920)22BOMLR1018
..... ground. i do not agree with the learned advocate general that the fact of the plaintiffs making themselves liable in the bombay market is conclusive against the plea of wager or furthering wagering transactions. nor do i read the judgment in bhagwandas parasram v. burjorji ruttonji bomanji as laying down any such proposition. in the paragraph at p. 378 beginning 'under the ..... plaintiffs there had entered into written contracts with thirty-nine buyers, and there was no evidence that as between the plaintiffs and those buyers there was a common intention to wager. nor were their lordships satisfied that as between the plaintiffs and the defendant there was an understanding that everything was to be settled by payment of differences.39. here all ..... with third parties in pursuance of their orders, differences would be received and paid exactly as if they had. incidentally it might be arranged that plaintiffs should only enter into wagering contracts with third parties, and that would be sufficient to vitiate the contract of employment, though it might not be possible to prove that those third parties with whom the ..... contracted by the company was a bona fide transaction for delivery on a specified settling clay and the contracts entered into by the company were not contracts of gaming or wagering. the transactions were for very large amounts and in no instance were stocks and shares ever delivered. the respondent brought the action to recover securities handed to the appellants for .....Tag this Judgment!
Court : Chennai
Reported in : AIR1926Mad326
..... patta patties and havala chits were exchanged without any idea of delivering the goods or paying the price. there can be no doubt on the authorities that such transactions are wagering transactions unenforceable in law as they are really a form of gambling on the fluctations of prices in the market. the defendants contended that all the three plaint transactions ..... of price was made, but only differences were paid. the defendants pleaded that the suit contracts were all contracts of the above character and were, therefore, unenforceable in law being wagering agreements. as regards the 15 bales which were actually delivered, they pleaded that those bales had nothing to do with the suit contracts but were delivered towards other contracts which ..... the respondents will pay the appellants' costs here and in the court below.krishnan, j.16. the question for decision in this appeal is whether the suit transactions are wagering agreements not enforceable in law or whether they are proper commercial dealings.17. the plaintiff and the defendants are both merchants who carry on business in madras of various kinds ..... states that however much one may suspect that the speculative element entered into these transactions, as no doubt it did 'the evidence is insufficient to prove that the contracts were wagering contracts. as regards the explanation for the goods ultimately coming back to the plaintiffs after passing through various hands the learned judge says:a buyer may sell with the knowledge .....Tag this Judgment!
Court : Mumbai
Reported in : (1922)24BOMLR60
..... is no speculation in articles that are not imported into india. it has thus been rightly held that speculation in forward contracts is not necessarily wagering. now what is the difference between ordinary vaida speculation and teji contract only this, that the teji contract is the less speculative of the two ..... it is only too clear that if dishonest gamblers know that they can evade their liabilities upon every occasion without much trouble by merely pleading wagering, the worst class of gamblers will gamble more desperately and with a greater sense of impunity than they ever did before. the courts by ..... is no resemblance between them and the dealings in the present suit. the main ground on which beaman j. held teji-mandi business to be wagering was the 'utter indifference of one party whether he was going to buy or sell.' that ground is absent in teji transactions. therein the party ..... opportunity of re-affirming emphatically, and now virtually stripped of any qualifications whatever, the opinion that in this market teji mandi transactions are all wagers. the more closely i look into the true character and intention of these transactions even when they are put forward as between shroff and shroff ..... on judgment at six per cent, per annum until payment.2. the defendants have not denied the alleged transactions but have pleaded that they were wagering contracts and have asked that the suit be dismissed with costs.3. the following issues were framed by mr. khan, the defendants' counsel:-1. .....Tag this Judgment!
Court : Mumbai
Reported in : 4Ind.Cas.99
..... in the sure confidence that it would disclose the truth.18. for, unfortunately, whether transactions of the kind now in dispute are genuine or wagering, it appears to me that parties can with moderate care so conceal the real nature of the transaction that it would become impossible for the ..... not. he was to be remunerated by a fixed commission, and, therefore, in the opinion of their lordships of the appeal court, there was no wager between the parties to that suit. it might be doubted whether assuming that the respondent had been gambling with third parties, and the appellant knew it ..... . if the defendant's contention on this point is sound, then every contract made under the rules of the rice merchants association would be a wagering contract. because, in certain circumstances, any one of them might be settled under one or other of those rules which have, to say no more ..... and consequently the questions in issue between the parties fell to be decided under that particular rule. the learned judges thought that the rule contemplated wagering, and so refused to give effect to it. doubtless that decision is capable of some such extension as the defendant now wishes to give it ..... the rice merchants association, and as some of those rules at any rate have all the appearance of having been framed to permit and encourage wagering contracts, any contract admittedly made under them must be deemed to be affected with this taint, as possibly referable in certain circumstances to the rules .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC268; 1SCR668
..... was when it emerged out of the legislature'. the respondent's contention that the statute should be held to be valid in respect of wagering contracts even though invalid as regards other forward contracts must therefore also be rejected. 15. our conclusion therefore is that the impugned statute does ..... business in forward contracts'. 11. while it might happen in fact that an association would be formed for the purpose of conducting business in wagering contract, it is hardly likely that the legislature would take upon itself the task of openly permitting and recognizing such associations. these, in our ..... contracts' to register themselves and to prohibit dealing in forward contracts by non-registered dealers, justifies the conclusion that the legislature was not thinking of wagering contracts at all. as against this it is proper to note that the constitution itself contemplated taxation on 'gambling' by state legislatures. it is ..... should vary from the contract price. it is therefore well nigh impossible for any taxing authority to brand a particular forward contract as a wagering contract; nor is it to be expected that any party on whom the tax is sought to be levied, will voluntarily disclose that in ..... is merely the receipt and payment of the difference between the contract price and the price on a later day that makes the contract a wagering contract. in the definition of 'forward contract' in the impugned act there is no reference, directly or in directly, to such an intention .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1960P& H471
..... contract and the plea cannot arise between a party and his agent.' (see page 95).(23) it was further observed:'ordinarily, the plea of wagering cannot arise as between the principal and the agent, for the agent merely puts through the contract between the principal and a third party and ..... the real point in controversy has been misconceived by the lower appellate court and the test that he has applied for ascertaining what is a wagering agreement within the purview of s. 30 of the indian contract act is erroneous. a finding of fact suffering from these blemishes is not sacrosanct ..... between them upon the basis of the difference between the contract and market price. if it be so the contract, notwithstanding its form, is a wagering contract, and is void, being prohibited under s. 30 of the indian contract act.(20) after having carefully gone through the judgment of the learned ..... judgment of the board, expressed the view that the mere fact that contracts are highly speculative is insufficient in itself to render them void as wagering contracts; and to produce that result there must be proof that the contracts were entered into upon the terms that performance of the contracts should ..... main controversy between the parties centers on the third issue. according to both the courts below, the transactions in question were agreement by way of wager and therefore unenforceable at law. in this case there was no written agreement between the parties and the finding as to the nature of the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1938Bom44; (1937)39BOMLR1083; 173Ind.Cas.205
..... and means. it must, further, be shown that the contracts which the plaintiff entered into with third persons on behalf of the defendant were wagering contracts as between the plaintiff and those third persons.' (indian contract act, pp. 242-243, 6th edn.).it is difficult to appreciate the introduction ..... . in this presidency, contracts collateral to or in respect of wagering contracts are prevented from supporting a suit by the special provisions of bombay act iii of 1865.then he quotes the section and concludes as ..... recover his brokerage, commission or the losses incurred by him, even though the contracts in respect of which the claim is made are contracts by wager.having said this, the learned judge disposes of the point by observing as follows :-the law is, however, different in the presidency of bombay ..... the commission which he was to receive, whatever might be the result of the transaction to the defendant. therefore the whole element of gaming and wagering was absent from the contract entered into between the parties.7. these observations were cited with approval and the case followed by privy council in ..... a position vicariously to perform his contracts. this is, no doubt, a highly speculative mode of transacting business; but the contracts are not wagering contracts, unless it be the intention of both contracting parties at the time of entering into the contracts, neither to call for nor give .....Tag this Judgment!
Court : Mumbai
Reported in : (1913)15BOMLR85
..... in any other ordinary enquiry into the facts. rather i see many reasons to the contrary. it is not as though when '.lifts allow a wagering defence, they might, although condemning the individual who has benefited by it, console them. selves by thinking that the decision contributed to reducing the ..... energy, sometimes the vehemence, with which they exhort all courts of justice to be extraordinarily vigilant, extraordinarily keen on the scent of an alleged wager, wrapped up in the decent garb of a forward contract. and as a corollary it must be supposed that all holding such views deem it ..... cent, of all forward speculative commercial business. yet gains and losses in that business would probably be decreed by any english court. a real wager, that which the law meant to repress and against which the judges have spoken so strongly and consistently, is usually easy to recognize and ..... many of these judicial utterances are clothed. but i say with all submission and complete confidence that this is not really so; that while a wagering defence to an ordinary forward contract is inevitably at (sic) by certain difficulties, neither in principle nor in practice ought the trial to differ ..... as admonitions, definitions or suggestions, the commonest citations from the books break into two main divisions: (1) attempts to define what the law means by wager; (2) attempts to lay down general rules for the conduct of the enquiry, when what has all the appearance of being an ordinary genuine commercial .....Tag this Judgment!