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State Of West Bengal & Ors vs Swapan Kumar Guha & Ors on 2 February, 1982

30. It is contended that unless there is reciprocity, there cannot be any money circulation scheme. In short, the contention is that any such scheme to be culpable must be a scheme in which the alleged victim does also have a positive and dominant role to play in the implementation of the scheme. The learned senior counsel Sri.M.K. Damodaran contends that in the scheme in question there is even allegedly no specific obligation/burden on the shoulders of any unit holder to enrol any further members/unit holders. The unit holder has no obligation in the scheme to enrol more members/unit holders. Such a scheme will not fall within the mischief of Sec.2(c) of the Act, it is vehemently contended. The following observations in para-8 of State of West Bengal v. Swapan Kumar Guha ((1982) 1 SCC 561) is relied on with great vehemence by the learned counsel for the petitioners. I extract the said Para-8 below:
Supreme Court of India Cites 31 - Cited by 711 - Y V Chandrachud - Full Document
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