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    <title>1935 (10) TMI 5 - MADRAS HIGH COURT</title>
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    <description>A prize kuri or chit scheme was treated as a lottery because payment of subscriptions bought a chance of winning an earlier prize by lot, and the assurance of eventual return of principal did not change that character; the promoters were therefore liable under the penal provision against lotteries. A subscribing purchaser who did not organise or control the scheme was not in pari delicto with the promoters, so restitution of the subscriptions was allowed under the protective principle reflected in the Trusts Act. The regulations did not limit liability to the scheme fund alone, so the promoters were personally liable to refund the amount, and the refund decree was sustained.</description>
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    <pubDate>Wed, 02 Oct 1935 00:00:00 +0530</pubDate>
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      <title>1935 (10) TMI 5 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=277636</link>
      <description>A prize kuri or chit scheme was treated as a lottery because payment of subscriptions bought a chance of winning an earlier prize by lot, and the assurance of eventual return of principal did not change that character; the promoters were therefore liable under the penal provision against lotteries. A subscribing purchaser who did not organise or control the scheme was not in pari delicto with the promoters, so restitution of the subscriptions was allowed under the protective principle reflected in the Trusts Act. The regulations did not limit liability to the scheme fund alone, so the promoters were personally liable to refund the amount, and the refund decree was sustained.</description>
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