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march 1959

Supreme Court of India · 1959-03-26

GHERULAL PARAKH vs MAHADEODAS MAIYA AND OTHERS

Citation / case number
SC 1955/46
Court
Supreme Court of India
Petitioner
GHERULAL PARAKH
Respondent
MAHADEODAS MAIYA AND OTHERS
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that an agreement of partnership aimed at entering into wagering transactions is not illegal under Section 23 of the Indian Contract Act, 1872. Although wagering contracts are void under Section 30, they are not forbidden by law, and thus a partnership for such transactions does not contravene the Act. The Court dismissed the appellant's contentions regarding public policy and immorality, affirming the High Court's decision that the partnership agreement was lawful.

GHERULAL PARAKH vs MAHADEODAS MAIYA AND OTHERS · Niyam