Moral prohibitions in Hindu legal texts against gambling have not only been legally enforced, but have also been allowed to fall into disarray. In practice, although gambling is controlled in some areas, it has not been declared illegal and there is no law that declares betting illegal. [71] Figures 1 – A and B sign an agreement in which A promises to pay B a sum of 20,000 rupees if India wins the World Cup. This Agreement is void and unenforceable as it depends on an uncertain event and both parties have opposing views on the event. If India wins, B wins the bet and A pays the agreed sum. Thus, one party will lose and the other will win. The Indian Contract Act of 1872 does not define betting or a betting agreement. It simply states that the betting agreements are invalid and that no action can be taken by the contracting parties to claim anything or claim the execution of the betting agreements. A betting contract has the property of a conditional contract, but is not enforceable in accordance with § 30. If the contract being the subject of the action is void, the court has the power to dismiss the action despite the defendant`s confession about an event.

[30] The UK Gaming Act, 1845, is the main act that inspired other countries to form betting laws. Section 18 of the UK Gambling Act[7] 1845 provides that all betting agreements are null and void. It cannot be brought before any court against the recovery of betting funds. However, this article exempts from nullity certain transactions relating to investments on a commercial basis. Article 30 of the Contracts Act is influenced by the above-mentioned Act. But there is a small difference between india`s betting law and that of England`s betting law; In India, the main bet agreement is not valid, but the security agreement is valid and enforceable. And in England, all agreements ancillary to the Paris Agreement are null and void. An agreement to settle disputes arising from a normal purchase contract that was truly a game of chance is no less invalid than the initial betting transaction. [45] The article aims to study secondary sources for research. The co-authors want an in-depth comparative study between the laws relating to betting procedures in India and the status of laws that operate under English law. The document will cover the different aspects of betting such as its functions, applicability, exceptions, while giving the author`s own point of view; compared to the Gambling Act 2005.

Figure 2 – In Figure 1, India wins the game and A is obliged to pay the amount to B, but it does not. B brings an action against A for the agreed recovery amount. The action fails because the agreement between them is null and void. The various common law nations passed gambling laws based on the UK Gaming Act of 1845. Legislation across Australia is based on p. 18 of the Gambling Act, which states that betting and gambling contracts are null and void. The gambling laws of Malaysia, Singapore, Hong Kong and New Zealand are also based on the UK Gambling Act. In the case,[13] the judge stated that the essence of gambling and betting was the part that had to win, and the other was losing in a future event; who are uncertain at the time of the contract; However, he also pointed out that there have been some transactions where the parties could lose and win, depending on whether an event occurs or not that does not fall under the term that such transactions are of course quite common, including the majority of buying and selling futures. .