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Contravention

Contravention, an act done in violation of a legal condition or obligation; particularly any act by an heir of entail in opposition to the provisions of the deed of entail; also, the action founded on the breach of law-burrows, Bell's Dict.--Art. 13(2) provides that the law shall be void to the extent of the contravention. Contravention in the context takes place only once when the law is made, for the contravention is of the prohibition to make any law which takes away or abridges the fundamental rights. There is no question of the contravention of Art. 13(2) being a continuing matter, Mahendra Lal Jaini v. State of Uttar Pradesh, AIR 1963 SC 1019 (1030): 1963 Supp (1) SCR 912. [Constitution of India, Art. 13(2)]Contravention, in relation to any requirement of the Act, includes a failure to comply with the requirement, Betting, Gaming and Lotteries Act, 1963, s. 55(1) (UK), Halsbury's Laws of England, Vol. 4(1), para 56, p. 37....


Entertainment

Entertainment, In Stroud's Judicial Dictionary (4th Edn., Vol. 2, p. 916) the word 'entertainment' has been defined thus:Entertainment ..... for a public or special occasion ...... is an entertainment in the sense of a gathering of persons for entertainment.Entertainment (Small Lotteries and Gaming Act, 1956) c. 45, s. 4(1) included a tombola drive alone without accompanying festivities.The monologue or patter of a comedian, even if delivered at an entertainment provided by an institution whose activities are parly educational, was held to be a variety 'entertainment' within the meaning of the section.Similarly in Words and Phrases, Judicially Defined (Vol. 2, pp. 206- 207) the word entertainment has been defined thus:Entertainment is something connected with the enjoyment of refreshment-rooms, tables, and the like. It is something beyond refreshment; it is the accommodation provided, whether that includes a musical or other amusement or not.Similarly in Words and Phrases (Permanent Ed...


Gambling

Gambling, a prize competition for which a solution was prepared beforehand is clearly a gambling prize competition, State of Bombay v. R.M.D. Chaurarabangwala, AIR 1957 SC 699 (707). [Bombay Lotteries and Prize Competitions Control and Tax Act, (54 of 1948), s. (1) (d)]The act of rising something of value, esp. money, for a chance to win a prize, Black's Law Dictionary, 7th Edn., p. 687....


Racecourse Betting Control Board

Racecourse Betting Control Board. A board appointed under (English) Racecourse Betting Act, 1928, for the control of totalisators on approved racecourses. It consists of a chairman appointed by the Home Secretary, and eleven members, one of whom is appointed by the Home Secretary, one by the Secretary of State for Scotland, and one by the Minister of Agriculture and Fisheries; one by the Chancellor of the Exchequer, and the remainder by certain racing organisations. The (English) Betting and Lotteries Act, 1934, s. 18, amends the powers of the Board and interprets certain sections which give rise to doubts. This power of authorising a person to set up a totalisator is limited to giving such authority to the persons having the management of the racecourse....


Stakeholder

Stakeholder, one with whom a stake is deposited [see, generally, (English) Betting and Lotteries Act, 1934 (24 & 25 Geo. 5, c. 58)]. As to when money deposited in the hands of a stakeholder, to abide the event of a wager, may be recovered, see Gaming Act, 1845, s. 18, and the title WAGER. A stakeholder of a sealed packet containing a document can be called upon to produce it upon a subp'na duces tecum, R. v. Daye, (1908) 2 KB 333. Upon a sale of land a sake-holder appears to hold the deposit for the party entitled thereto. He may interplead under R.S.C. Ord. LVII., and is entitled to retain the interest on the deposit for his pains: see Mr. Cyprian Williams in 71 L.J. (articles), pp. 162 and 180-Wolst. & Ch. Conveyancing Statutes, 12th Edn., p. 724. Apart from a special stipulation, it is not clear that a stakeholder converting the deposit into the property of either party before determination of the event is not acting in contradiction of his mandate. See INTRPLEADER.A disinterested t...


Wager

Wager, a contract by A. to pay money to B. on the happening of a given event, in consideration of B. paying money to him on the event not happening; and see the elaborate definition of 'wagering contract' in Carlill v. Carbolic Smoke Ball Co., (1892) 2 QB 490, by Hawkins. J.1. Money or other consideration risked on an uncertain event; a bet or gamble 2. A promise to pay money or other consideration on occurrence of an uncertain event, Black's Law Dictionary, 7th Edn., p. 1573.At Common Law a wager was a legal contract, which the courts were bound to enforce, so long as it was not against morality, decency, or sound policy, Johnson v. Lumley, (1852) 12 CB 468. But by the (English) Gaming Act, 1845, s. 18:All contracts or agreements, whether by parol 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 or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall ...


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