Judgment Search Results Home > Cases Phrase: lotteries regulation act 1998 section 4 conditions subject to which lotteries may be organized etc Page 1 of about 698 results (0.172 seconds)

AshvIn S.N. Vs. Union of India (Uoi), by Its Secretary, Ministry of Fi ...

Court : Karnataka

Reported in : AIR2005Kant88; ILR2004KAR1870; 2004(4)KarLJ134

..... therefore, they are extracted and they read as under:'section 4: conditions subject to which lotteries may be organized, etc; a state government may organize, conduct or promote a lottery, subject to the following conditions, namely:-(a)prizes shall not be offered on any pre-announced number or on the basis of a single digit.'12. ..... his primary grievance in this writ petition is that his business and means of livelihood is seriously affected by government of karnataka conducting the draws of karnataka state lotteries on the basis of single digit and also conducting draws more than once a week in various names in violation of the provisions of section 4(a) and (h) of lotteries (regulation) act, 1998 ('the act for short).2. ..... therefore, though the government of karnataka has seven weekly draws in a day, no one draw repeats in a week and therefore, is thus in conformity with section 4(h) of the lottery (regulation) act, 1998. ..... in the said decision, the apex court was primarily considering the issues inter se between two distinct set of states, one challenging and the other upholding certain provisions of lotteries (regulation) ordinance, 1997, which was later replaced by act known as lotteries (regulation) act, 1998. ..... the state has framed its own rules known as karnataka state lottery rules in exercise of powers conferred by section 12 of the lotteries (regulation) act, 1998 (central act 17 of 1998) and the same is published in notification no. fd. .....

Reeja Vs. State of Kerala

Court : Kerala

Reported in : 2004(3)KLT599

..... it is stated in the counter affidavit that what has been stayed is only the operation of sub-rules (3) and (10) of rule 24, the provisions of lotteries (regulation) act, 1998, are not under challenge.therefore, if any lottery is conducted, contrary to the provisions of section 4 to the act, it is a cognizable and non-bailable offence, which is punishable under section 7 of the act. ..... conditions subject to which lotteries may be organised etc. ..... of children are not abused, to protect children and youths against exploitation and against moral and material abandonment.it is to be the endeavour of the state to secure a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities, to protect the weaker sections of the people from social injustice and all forms of exploitation, to raise the standard of living of its people and the improvement of public health. ..... :-- a state government may organise, conduct or promote a lottery, subject to the following conditions, namely:-(a) prizes shall not be offered on any pre-announced number or on the basis of a single digit. ..... second, even if they do so, it would be flagrant violation of section 4(i), which makes it mandatory to conduct draws of all kinds of lotteries between such periods of the day as may be prescribed by the state government. ..... (k) such other conditions as may be prescribed by the central government. .....

State Of Karnataka And Anr. Etc. Vs. State Of Meghalaya And Anr. Etc. ...

Court : Supreme Court of India

..... conditions subject to which lotteries may be organised, etc ..... was pointed out that entry 40 of list i is only a regulatory entry and the lotteries (regulation) act, 1998 (hereinafter referred to as lotteries act, 1998 ) was enacted by the parliament in light of the same. ..... 1998 act deals exclusively with conduct of lotteries by a state government subject to terms and conditions prescribed in section 4 of the 1998 act ..... section 3 of the said act prohibits a state government from organising, conducting or promoting any lottery except subject to the conditions provided under section 4 of the act ..... a recent judgment of a three judge bench of this court in which the petition filed by an authorized agent for sale and distribution of lotteries organised by the state of punjab, had impugned the definition of goods under section 2(52) of central goods and service tax act, 2017 (for short, cgst act ) to the extent that actionable claims were included under goods . ..... the said government order categorized lotteries as (a) lotteries 85 organized by the government of india; (b) lotteries organized by the government of tamil nadu; (c) lotteries organized by the other state governments; (d) private lotteries authorized by government of tamil nadu; and (e) private lotteries authorized by other governments but not authorized ..... said ban was made by the central government in exercise of power under section 6 of the lotteries act, 1998 which was confirmed on 12th june, 2015 after an investigation by the cbi and .....

State of Punjab Vs. State of Nagaland and ors.

Court : Guwahati

..... this aspect was referred to the law department which has opined that when a state government is running its own lotteries, it cannot ban the lotteries run by the other states but the state government must ensure that the other state government, comply with the conditions of sections 4 and 12 of the lotteries (regulation) act, 1998. ..... sir, i am directed to address you on the subject noted above and to say that the vires of the provisions of lotteries (regulation) act, 1998 had been challenged in the hon'ble supreme court oflndla in the case of b.r ..... that the petitioners beg to state that by dint of power conferred under section 5 of the act, 1998, a state govt may, within the state, prohibit the sale of tickets of lotteries organised, conducted or promoted by every other state and the said section 5 of the act, 1998 has been interpreted by the hon'ble apex court of our land in the judgment rendered in the case of b.r ..... 3 is prohibiting the sale of lottery tickets of lotteries organized and run by the state of arunachal pradesh within the territorial jurisdiction of the state of punjab through the respondent no. 4 i.e ..... the concept of 'lottery' organsied by a state requires certain basic and essential concomitants to be satisfied as, indeed, members of the public when investing their money in such a lottery proceed on a trust and on certain assumptions as to the genuineness, bona fides, safety, security rectitude of administration etc. ..... action to be taken as regards such scrutiny, etc. .....

N.V. Marketing Pvt. Ltd. and anr. Vs. State of Arunachal Pradesh and o ...

Court : Guwahati

..... the lotteries (regulation) act, 1998 and the rules framed under the said act known as the arunachal pradesh state lotteries rules, 2001 (hereinafter referred to as the said rules of 2001), the petitioners have been selling and distributing as sole distributor lottery tickets of the lotteries organized, conducted and run by the state of arunachal pradesh in strict compliance of not only the provisions of the said act and rules, but also in accordance with the terms and conditions ..... section 4(c) lays down that the state government may organize, conduct or promote a lottery subject to the conditions, inter ..... the above question brings me to the definition of 'agreement', contained in section 2(6) of the rules, which reads, 'agreement means an agreement signed between the government of arunachal pradesh and sole distributor or printing press, etc. ..... which, i find, lays down as follows : 'all agreements entered into between the government and the sole distributors, prior to the commencement of these rules, shall, as far as they are not inconsistent with the provisions of these rules be, deemed to have been entered under the corresponding provisions of these rules ; provided that where the existing agreements are inconsistent with these rules, they shall be regulated under the guiding principles of the lotteries (regulation) act, 1998 ..... appointed as sole distributor for all schemes of lotteries, which may be run, conducted or organized by the state respondents during the subsistence of .....

State of Sikkim and ors. Vs. State of Tamil Nadu and ors.

Court : Sikkim

Reported in : AIR2004Sik11

..... 36067/02) and in the meanwhile, the government of tamil nadu has banned the sale of lottery tickets organized, conducted or promoted by every state including the state of tamil nadu vide impugned notification dated 8th january 2003 by invoking the provision of section 5 of the lotteries (regulation) act, 1998 and that being the position, similar writ petitions and writ appeals were heard by the division bench of madras high court ..... such right though recognised under article 298 so other states may continue to enjoy till prohibited by valid law, and if any state wants within its state lottery-free zone and for which the power is entrusted to such state, it cannot be said in this setting and background and the nature of the subject that such a delegation is of its essential legislative power. ..... while running its own lotteries yet prohibiting other lotteries, may be as a public policy, for law and order, for political reasons, morality, etc. ..... the object of the act is not to control the policy decision of each state to start or to close its lotteries, but to regulate it in case a state decides to run its own lottery through modalities and conditions laid down therein. ..... petitioner-state has been exploring possibilities to generate and enhance its own revenue by various means and is engaged in the business of organising lotteries and has formulated several schemes such as -- (i) paper lotteries which are sold throughout the country by distributors, wholesalers, etc. ..... of organisation, etc. .....

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... state prohibit the sale of tickets of a lottery organised, conducted or promoted by every other state.7(1) where a lottery is organized, conducted or promoted after the date on which this act receives the assent of the president, in contravention of the provisions of this act, by any department of the state government, the head of the department shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both : provided that nothing contained in this section shall render such head of the ..... 5081-5085 of 1998, which is also the subject matter of consideration through this judgment.5.in order to maintain the continuity, the central government issued the lotteries (regulation) ordinance, 1998 (no. ..... there the government of maharashtra and other states requested the union to authorise them to conduct their lotteries, which was authorised, subject to the conditions that their lottery tickets shall not be sold in another state without express consent of the other state concerned. ..... thus, it could be said that gambling is recognised and authorised by law, may be through regulations, licences etc.. ..... this section suffers from excessive delegation, lack of guidelines etc. ..... submission for the tamil nadu is that the lotteries may be prohibited in phases, viz, while running its own lotteries yet prohibiting other, may be as a public policy, for law and order, for political reasons, morality, etc. .....

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... prohibit the sale of tickets of a lottery organised, or conducted or promoted by every other state.7(1) where a lottery is organised, conducted or promoted after the date on which this act receives the assent of the president, in contravention of the provisions of this act, by any department of the state government, the head of the department shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both :provided that nothing contained in this section shall render such head of the ..... the pendency, the parliament enacted the lotteries (regulation) act 17 of 1998 repealing/ substituting the earlier lotteries (regulation) ordinance of 1997. ..... the government of maharashtra and other states requested the union to authorise them to conduct their lotteries, which was authorised, subject to the conditions that their lottery tickets shall not be sold in another state without express consent of the other state concerned. ..... it could be said that gambling is recognised and authorised by law, may be through regulations, licences, etc. ..... section suffers from excessive delegation, lack of guidelines, etc. ..... untouched usurious interest which brought such persons into perpetual labour, hereditary service, etc. ..... of this article significantly is 'power to carry on 'trade',etc.article 301 is quoted hereunder :301. ..... case referred to the village based, age-old, feudal pattern of money-lending given to the labourer, the marginal tiller and the broken farmer, etc. .....

State of Maharashtra and anr. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... of a lottery organized, conducted or promoted by any other state, in the state of maharashtra, is in contravention of the provisions of the act, it may prohibit such sale within the state of maharashtra and inform the matter to the government of india seeking its orders in the matter under section 6 of the act.note : clubbing of tickets together in any form or printing of more than one ticket on a single piece of paper or in a manner indicating the effect of marketing the tickets as forming a group shall be deemed as contravention of section 4(a) of the lottery (regulation) act, 1998.'14. mr. p. k. ..... by other states :(1) any other state may sell the tickets of a lottery organized, conducted or promoted by such state in the state of maharashtra, subject to the condition that such state shall, before starting the sale of tickets in the state of maharashtra, submit its entire scheme for the sale of tickets with all the details and relevant material such as specimen tickets, the name of the lottery, information relating to the number of draws, and list of its authorized agents and ..... it refers entirely to the ground set forth in the plaint as the cause of action, or, in other words, to the media upon which the plaintiff asks the court to arrive at a conclusion in his favour'.therefore, in determining the objection of lack of territorial jurisdiction the court must take all the facts pleaded in support of the cause of action into consideration .....

Shamadhan Trading (P) Ltd. Vs. State of Karnataka, Department of Parli ...

Court : Karnataka

Reported in : 2008(2)KarLJ509; ILR2007(4)Kar5014; 2007(4)KCCR2628

..... lottery under entry 40 of list i of the seventh schedule of the constitution of india and under the lotteries (regulation) act, 1998 (for short hereinafter referred to as the 'central act').3 ..... to those persons participating in the chances of a prize by purchasing tickets organized by the government of india or the government of a state or an union territory or any country having bilateral agreement or treaty with the government of india;section 2(5): 'promoter' means the government of india or a government of state or an union territory or any country organizing, conducting or promoting a lottery and includes any person appointed for selling lottery tickets in the state on its behalf by such government or country where ..... thus, the centre has not enacted any law covering the subject of tax on entertainment, amusements, betting and gambling as the said subject falls under entry 62 of list ii.while examining the similar situation in the matter relating to bombay lotteries and prize competitions control and tax act, 1948 which provided for control on lotteries and to levy tax on lotteries and prize competitions is the state of bombay and also on prize ..... in : [1957]1scr874 , has observed thus;-.the next point urged is that although the act may come under entry 34, the taxing provisions of section 12a cannot be said to impose a tax on betting and gambling under entry 62 but imposes ..... lotteries, which includes various aspects, such as sale of tickets, advertisements, authorising agents, etc. .....