Having said that, the said ruling was rendered infructuous as during the final arguments in the Revision petition, parties sought to withdraw the petition. So the effect being there is no ruling which can be treated as a precedent as regards online gambling.
#LexTalkStartups on Establishing a start-up in Canada with Adv. Shashwat Jindal The Court while noting the ills of gambling and impact of gambling on the moral fibre of society noted that ‘one must not overlook the ground realities in India or the country like India, where the majority of the population is struggling for the basic necessity and there is lack of awareness amongst the people and if they are permitted by betting in the craze of easy money, they do not know what to do if the things go wrong.’ Daughter’s claim to father’s property The issue of whether rummy if played with stakes amounts to gambling or not has not been decided by the Supreme Court. However, Andhra Pradesh High Court in D. Krishna Kumar And Anr. vs State Of A.P.(2002) (Annexure-2) relying upon the SC decision of 1968 held that till such time the state gambling Act is amended to lay down that playing Rummy with stakes is “gaming”, playing Rummy with stakes is not ‘gaming’ within the meaning of the Act and is therefore allowed.
The issue of online gambling regulations in India still remains a grey area which is yet to be adjudicated by Courts of India that, Is online gaming legal in India. Having said that, necessary inferences can be drawn from orders passed by the Court while deciding the issue of whether a particular game is a ‘game of skill’ or a ‘game of chance’. But the issue of whether a ‘game of chance’, if played like a sport without stakes amounts to gambling or not? still remains largely undecided. Gaming sites partaking a slice on the winning hand are illegal as they amount to a virtual gambling house. Though the order does not specifically make any observation on Poker, if played as a sport and/or without stakes, however, while differentiating between rummy and poker, the Hon’ble Court at para 60 of the said order makes a presumption that wagering or betting is an inseparable part of the game of poker and therefore would involve stake. The Court while holding Poker to be a ‘game of chance’ has also predominantly relied upon moral, religious and social grounds. In the absence of the said order being overruled and the issue being addressed specifically, the game of poker, even if played as a sport and/or without stakes remains a grey area which is then left at the discretion of police authorities. LEGAL RIGHTS FOR FALSE AND FORGED FIRs AND COMPLAINT Role of Trade Unions in India In this article we are going to discuss some frequently asked questions like, Is online gambling legal in India, Is color prediction game legal in India ? Let’s discuss about the same,
Playing games of skill for money is only legal in the real form, online games cannot be compared to real games; #LexTalkStartups on Journey of a start-up in Canada with Adv. Shashwat Jindal Adverse Possession of Immovable Property Gujarat High Court on Poker:
Rahul Dhote is the Founding Partner of the law firm ‘Literati Juris’. The Firm specializes in Intellectual Property; Technology, Media and Entertainment and Telecommunications (TMT); and allied practices and further provide full service solutions in Alternate Dispute Resolution; Civil and Commercial Litigation; Criminal Litigation; and Corporate and Start Up Legal Solutions. We provide our Pan India services through our offices presently at Mumbai (Head Office) and Vadodara. The issue of Online Gaming/gambling laws in India was discussed in detail in the above case when the issue was put up before the Court under Order 36 Rule(1) of CPC by the parties. The Court held the following: For any Criminal Law related matter, please Post Your Requirement anonymously and get free proposals OR find the Best Criminal Law Lawyers and book a free appointment directly. There has been a substantial discussion by the Supreme Court and High Court on what constitutes a ‘game of skill’ and a ‘game of chance’. What is deduced from the judgments is that a game where there is preponderance of skill over chance is a ‘game of skill’ and vice-versa. Sec 498a – A weapon or a shield #MentorHours by Adv. Ujwal Phasate By taking the above ratio into account, SC in the matter of State of AP v. K.Satyanarayana(1968) held the game of Rummy to be a ‘game of skill’. However, the Court in its judgment has indicated that if there is gambling or if the gambling house is making profit from the game of rummy, then it could amount to an offense under the laws of AP. It was further observed by SC that the three card game which goes under different names such as flush, brag, etc. is a game of pure chance. This was relied upon by SC in its other judgments viz. M.J.Sivani v. State of Karnataka (1995) and Dr. K.R. Lakshmanan vs State Of Tamil Nadu And Anr (1996).