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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Preamble

Title: the Act for Avoiding Wagers (Amendment) Act, 1865

State: Maharashtra

Year: 1865

1[THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865]2 [Act No. III of 1865]3 [31st July, 1865] Repealed in part, by Act 16 of 1895; Repealed in part, by Bom. 3 of 1886; Amended by Bom. 21 of 1959. PREAMBLE 4An Act to amend the law for avoiding wagers. Whereas it is expedient, so far as regards the State of Bombay4 to amend the law for avoiding wagers; It is enacted as follows:-- _____________ 1. The short title was given by the Bombay Short Titles Act, 1921 (Bom. 2 of 1921). 2. This Act was extended to and by virtue of such extension shall be in force in the rest of the State of Bombay (vide Bom. 21 of 1959, section 2). 3. For Statement of Objects and Reasons, see Bombay Government Gazette, 1863, Supplement, p. 420; for Report of the Select Committee, see ibid., p. 485; and for Proceedings in Council see ibid., pp. 407, 452, 505, and ibid., 1864, pp. 407 and 507. 4. This portion was substituted for the original by Bom. 21 of 1959, section 4(a).

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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Section 2

Title: nor for Commission or Brokerage, Etc., in Respect of Agreements by Way of Gaming or Wagering

State: Maharashtra

Year: 1865

No suit shall be allowed in any Court of Justice for recovering any commission, brokerage, fee or reward in respect of the knowingly effecting or carrying out, or of the knowingly aiding in effecting or in carrying out, or otherwise claimed or claimable in respect of, any such agreement by way of gaming or wagering or any such contract as aforesaid, whether the plaintiff in such suit be or be not a party to such last mentioned agreement or contract, or for recovering any sum of money knowingly paid or payable on account of any persons by way of commission, brokerage, fee or reward in respect of any such agreement by way of gaming or wagering or contract as aforesaid.

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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Section 4

Title: Repeal and Savings

State: Maharashtra

Year: 1865

1[The Act for Avoiding Wagers (Amendment) Act, 1865, as applied to the Kutch area of the State of Bombay by the Kutch (Application of Laws) Order, 1949, is hereby repealed : Provided that such repeal shall not affect -- (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such legal proceeding or remedy may be instituted, continued or enforced as if the Bombay Act for Avoiding Wagers (Extension and Amendment) Act, 1959, had not been passed.] _____________ 1. Section 4 was inserted by Bom. 21 of 1959, Section 4(c).

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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Section 1

Title: Contracts Declared Null and Void. No Suit Allowed on Such Contracts

State: Maharashtra

Year: 1865

All contracts, whether by speaking, writing or otherwise, knowingly made to further or assist the entering into, effecting or carrying out agreements by way of gaming or wagering and all contracts by way of security or guarantee for the performance of such agreements or contracts shall be null and void; and no suit shall be allowed in any Court of Justice for recovering any sum of money paid or payable in respect of any such contract or contracts, or any such agreement or agreements as aforesaid.

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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Complete Act

Title: the Act for Avoiding Wagers (Amendment) Act, 1865

State: Maharashtra

Year: 1865

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Section 3

Title: Payments for Which Guardian and Personal Representative Not to Be Allowed Credit

State: Maharashtra

Year: 1865

No guardian, executor, administrator, heir or personal representative of any deceased person shall be entitled to or allowed credit in his accounts for or in respect of any payment by him on behalf of such deceased person (or in the case of a guardian, on behalf of any minor), in respect of any such agreement or agreements as are mentioned in 1[section 30 of the Indian Contract Act, 1872] or in respect of any such contract or contracts, commission, brokerage, fee or reward or money paid or payable in respect thereof as are respectively mentioned in the first and second sections of this Act. ___________ 1. This portion was substituted for the words and figures "section 1 of Act XXI of 1848" by Bom. 22 of 1959, section 4(b).

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Act for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Section 5

Title: Number and Gender

State: Maharashtra

Year: 1865

Repealed Bom. III of 1886.

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Indian Contract Act, 1872 Section 30

Title: Agreements by Way of Wager Void

State: Central

Year: 1872

Agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made. Exception in favour of certain prizes for horse-racing. This section shall not be deemed to render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered into for or toward any plate, prize or sum of money, of the value or amount of five hundred rupees or upwards, to be awarded to the winner or winners of any horse-race. Section 294A of the Indian Penal Code not affected. Nothing in this section shall be deemed to legalize any transaction connected with horseracing, to which the provisions of section 294A of the Indian Penal Code (45 of 1860) apply.

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Marine Insurance Act, 1963 Section 6

Title: Avoidance of Wagering Contracts

State: Central

Year: 1963

(1) Every contract of marine insurance by way of wagering is void. (2) A contract of marine insurance is deemed to be a wagering contract-- (a) where the assured has not an insurable interest as defined by this Act, and the contract is entered into with no expectation of acquiring such an interest; or (b) where the policy is made "interest or no interest", or "without further proof of interest than the policy itself, or "without benefit of salvage to the insurer", or subject to any other like term: Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer.

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The Madras City Police Act, 1888 Complete Act

State: Tamil Nadu

Year: 1888

.....Police (Second Amendment) Act, 1941 (Madras Act XXII of 1941), re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting (No II) Act, 1948 (Tamil Nadu Act VIII of 1948). This definition has since been further substituted as follows by section 2 of the Madras City police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949):- "Gaming" does not include a lottery buy includes wagering or betting.) Explanation:- For the purpose of this definition, wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes in money or otherwise, in respect of any wager or bet, of any act which is intended to aid of facilitate wagering or betting or such collection, soliciting, receipt or distribution" The Madras city Police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949) has further been amended by the Tamil Nadu Horse Races. Abolition of wagering or Beting) Act, 1974 (Tamil Nadu Act 44 of 1974) providing for the abolition of wagering or betting on horse races in the State of Tamil Nadu with effect on and from the 31st March, 1975.) ["Gaming" does not include a.....

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