1[Act for Avoiding Wagers (Amendment) Act, 1865]2
| [Bombay Act No. 3 of 1865]3 | [31st July, 1865] |
| [Repealed in part, by Act 16 of 1896, Repealed in part. Bom. 3 of 1886 and Amended by Bom. 21 of 1959] | [31st July, 1865] |
4[An Act to amend the lam for avoiding wages.
Preamble.- Whereas it is expedient, so far as regards the State of Bombay, 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 ??? of such ??? be in force in the part of the State of Bombay (vide Bom. 21 of 1959, s. 2).
3 For Statement of Objects end Reasons, see Bombay Government Gazette, 1868, Supplement, p. 420; for Report of the Select Committee, see ibid, p. 485; and for Proceedings in Council, see ibid, pp. 407, 452, 503, and ibid, 1864, pp. 407 and 507.
4 This portion was substituted for the original by Bom. 21 of 1959, s. 4(a).
1. Contracts declared null and void. No suit allowed on such contracts.- 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 snob agreements or contracts shall be nail 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 contrast or contracts, or any such, agreement or agreements as aforesaid.
2. Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering.- 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 to respect of, any such agreement by way of gaming or watering 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.
3. Payments for which guardian and personal representative not to be allowed credit.- 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 (IX of 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 Avoiding "section I of Act XXI of 1848". ibid, s. 4(b).
1[4. Repeal and savings.- The Act for Avoiding Wagers (Amendment) Act, 1865 (Bom. III of 1865), as applied to the Kutch area of the State of Bombay by the Kutch (Application of Lows) Order, 1949, is hereby repealed:
Provided that such repeal shall not affect-
(a) the previous operation of the Act so repealed or anything duly dons or suffered thereunder;
(b) any right, privilege, obligation of 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 (Bom. XXI of 1959), had not been passed.]
1 Section 4 was ??? by Bom. 21 of 1959, s. 4(c).
5. [Repealed].- [Number and gender.] Rep. Bom. III of 1886.