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Issues:
1. Whether the agreement between the wrestlers falls under gaming or wagering as per Bombay Act III of 1865 and Section 30 of the Indian Contract Act. 2. Whether the clauses of the agreement are separable and the legality of the claim based on the second clause. 3. Interpretation of the term "wagering" in the context of the agreement. 4. Determination of whether the agreement constitutes a wagering agreement under the law. Analysis: Issue 1: The application raised the question of whether the agreement between the wrestlers constituted gaming or wagering under Bombay Act III of 1865 and Section 30 of the Indian Contract Act. The defendant failed to appear in the ring as per the agreement, leading to a dispute over the forfeiture of money. The petitioner argued that the agreement, involving payment to the winner, was akin to gaming or wagering. Reference was made to statutes and English cases to support the argument. However, the Court noted that the stakes did not come from the parties but from the gate-money provided by the public, distinguishing it from a typical wagering scenario. The Court found that the agreement did not necessarily fall under the purview of gaming or wagering laws. Issue 2: The Court examined whether the clauses of the agreement were separable and if the claim based on the second clause was legal. It was noted that if different clauses in an agreement are separable, the invalidity of one clause does not necessarily render the others void. The Court expressed satisfaction that the second clause in question could be separated from the last clause, indicating that the claim based on the second clause appeared to be legal. Issue 3: The term "wagering" was subject to interpretation in the context of the agreement. The Court discussed that the essence of a wager involves each side standing to win or lose based on an uncertain event. However, in this case, the loser did not stand to lose anything of his own but merely failed to win the prize. The agreement stipulated that the winner would take the proceeds of the gate, with the loser not paying anything or being out of pocket. This distinction led the Court to conclude that the agreement did not align with the typical characteristics of a wagering agreement. Issue 4: Considering the circumstances and the nature of the agreement, the Court concurred that it could not be deemed a wagering agreement under the law. The agreement did not involve the parties subscribing to the prize; instead, it was to be funded by the general public through ticket sales. Therefore, the Court dismissed the application, emphasizing that the agreement did not qualify as a wagering arrangement within the legal framework. In conclusion, the High Court of Bombay held that the agreement between the wrestlers did not amount to gaming or wagering, based on the specific terms, funding source, and lack of typical wagering elements present in the arrangement.
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