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2016 (10) TMI 1380

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..... of STATE OF ANDHRA PRADESH VERSUS K. SATYANARAYANA ORS. [ 1967 (11) TMI 109 - SUPREME COURT ], the court has held that rummy is not entirely a game of chance but is 'preponderantly' a game of skill. In a further judgment in DR. KR. LAKSHMANAN VERSUS STATE OF TAMIL NADU [ 1996 (1) TMI 336 - SUPREME COURT ], the Supreme Court has, while also noting the earlier judgment in K. Satyanarayana, supra, equated a game of rummy to that of chess or golf, which are pure games of skill. Therefore, it could be said that rummy is indeed a game of skill, though some element of chance is involved. Preponderantly, as held by the Supreme Court in K. Satyanarayana, rummy is a game of skill. Therefore, if the words without stakes are de .....

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..... by the petitioner, to the police, as and when called upon to do so. (ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the police, during the raid(s) and surveillance etc. (iii) The petitioner shall not allow any non-member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities. (iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.(2(14) 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act .....

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..... f their recreational activities, it was insisted that even games of skills could be played only without stakes. Therefore, we modified the conditions imposed by the learned Single Judge. In that, paragraph 2(iii) was deleted and insofar as Paragraph 2(iv) was concerned, it was ordered to incorporate the phrase except games of skill, without stakes . The petitioner is now before this court to point out that the police are now interpreting the condition imposed as restricting members of the club even from playing games of skill such as Gin rummy, with stakes. This according to the petitioner, is contrary to the letter and spirit of Section 176 of the Karnataka Police Act, 1963, which expressly clarifies the position and reads as follows: .....

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..... the very object of the legislation would be lost if any such concession is made. He seeks that the petition be rejected at the threshold. 5. However, it is a fact that Section 176 of the Karnataka Police Act was not brought to our attention and it was completely overlooked. From a reading of Section 176, it does appear that persons taking part in such games of skill could also wager. Whether rummy, a game of cards, could be considered as a game of skill had come up for consideration before the Supreme Court. In the said judgment, in the case of State of Andhra Pradesh v. K. Satyanarayana and others AIR 1968 SC 825, the court has held that rummy is not entirely a game of chance but is 'preponderantly' a game of skill. In a furthe .....

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