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2019 (10) TMI 1558

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..... nd how it is being conducted through online methods and what are the stakes involved in the matter are all issues which may arise for consideration. If it is just playing rummy without any side betting, the notification protects the parties involved in it. But, in a case where rummy is played for stakes, the issue might be different which has to be dealt with on a case to case basis. Therefore, the application of notification SRO No. 1045/1976 will have to be adjudged depending on a case to case basis. Review petitions are dismissed. - RP No. 514 of 2019 in WP(C) 35535/2018, RP No. 656 of 2019 in WP(C) 35535/2018 and RP No. 621 of 2019 in WP(C) 35535/2018 - - - Dated:- 11-10-2019 - A.M. SHAFFIQUE AND N. ANIL KUMAR, JJ. For the A .....

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..... finding of the Division Bench of this Court in the impugned judgment without taking note of the notification dated 30/9/1976 issued under Sec. 14A of the Act requires to be reviewed. 3. In fact in State of A.P. v. K. Satyanarayana (AIR 1968 SC 825), the Apex Court held that it cannot be said that rummy is a game of chance and there is no skill involved in it. However, it was observed that if there is evidence of gambling in some other way or that the owners of the house is making a profit or gain from the game of rummy or any other game played for stakes, the offence may be brought home. 4. A perusal of the impugned judgment would indicate that this Court was not concerned with the manner in which online rummy for stakes was being pl .....

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..... mount to violation of the provisions of the Gaming Act or not. We are of the view that this aspect of the matter has to be decided on a case to case basis. What is the manner in which the games are conducted and how it is being conducted through online methods and what are the stakes involved in the matter are all issues which may arise for consideration. If it is just playing rummy without any side betting, the notification protects the parties involved in it. But, in a case where rummy is played for stakes, the issue might be different which has to be dealt with on a case to case basis. Therefore, the application of notification SRO No. 1045/1976 will have to be adjudged depending on a case to case basis. In the result, we do not find .....

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