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Smt. Vibha Mehta and anr. Vs. Society for the National Institute of Ph ...

Court : Delhi

Reported in : AIR2003Delhi5; 98(2002)DLT677

..... the defendant entered appearance and filed its written statement contending, inter alia, that the aforesaid lottery ticket purchased by the plaintiffs was mutilated and was not a genuine ticket and, thereforee, no amount could be paid to the said ..... is the case of the plaintiffs in the plaint that defendant herein organized a lottery with the name and title of national sports raffle. ..... he has also stated that the original lottery ticket, when it was submitted to the defendant, was in perfect condition and the same was quite ..... according to the printers, the aforesaid lottery ticket was mutilated and hence the prize could not be ..... the effect that when the said ticket was delivered to the new bank of india, the same was in torn condition and that the said lottery ticket is not a genuine ticket. ..... of the said ticket was contested by the defendant, it was incumbent on the defendant to prove that the said lottery ticket was not genuine. ..... his deposition stated that he had purchased the lottery ticket from cannaught place. ..... as the plaintiffs produced the lottery ticket to the defendant for making the payment in terms of the contract, which was repudiated by the defendant, thereforee, the onus of proving the aforesaid issue was naturally on ..... i have examined the lottery ticket and found that although the same is oily and torn at places but the number appearing on the ticket is still clear ..... whether the lottery ticket produced by the plaintiff is not actual/original/real or genuine ticket issued by .....

Sunrise Associates Vs. Govt. of Nct of Delhi and ors.

Court : Supreme Court of India

Reported in : (2000)10SCC420

..... anraj1 held that only the transfer of the right to participate in the lottery draw, which took place on the sale of a lottery ticket, amounted to a transfer of goods; to the extent that the sale involved the transfer of the right to claim the prize, depending on chance, it was an assignment of an actionable claim.3. ..... there seems to us to be no good reason to split the transaction of the sale of a lottery ticket into the acquisition of (i) the right to participate in the lottery draw, and (ii) the right to win the prize, dependent on chance.5. ..... the argument on behalf of learned counsel for the appellants before us is that there is no sale of goods when the ticket of a lottery organised by a state is sold; at best, there is a transfer of chose in action. ..... anraj1 requires reconsideration for the reason that, prima facie, the only right of the purchaser of a lottery ticket is to take the chance of winning the prize. ..... of t.n.1 it was held that the entire consideration paid for the purchase of a lottery ticket was liable to sales tax. ..... cto2 that the entire consideration was not liable to sales tax but only that portion thereof which related to the right of the purchaser of the ticket to participate in the lottery draw was so liable.2. ..... anraj1, are inextricably linked so that no tax can be levied upon the latter element, namely, the right to participate in the lottery draw. .....

P. Subhash Vs. the State of A.P. Rep. by Its Principal Secretary Reven ...

Court : Andhra Pradesh

..... according to him, the method adopted by the state in granting licence by holding lottery is nothing but arbitrary and without taking steps to earn more money. 25. ..... is further submitted that grant of liquor licences by way of lottery amounts to gambling and results in selection by pure chance. ..... as regards the contention that grant of licence by lottery amounts to gambling, it is to be noted that under section 17 of the andhra pradesh excise act, 1968, the government is entitled to grant licence to the public to sell liquor in such manner as it thinks fit, subject to the rules made in ..... advocate general on behalf of the state submitted that the policy has been decided and rule has been amended to hold lottery to keep transparency in the matter of grant of licence. ..... him, the state has indulged in gambling in granting the licence by way of lottery, therefore, cannot be sustainable in the eye of law. ..... he submitted that there is no arbitrariness in granting licence through lottery and the petitions should be dismissed. 28. ..... licence granted by the government by lottery is nothing but an arbitrary action ..... 9 scc 700) and submitted that lottery is nothing but gambling. ..... in the system of lottery, as rightly contended by the state, the licensee will be able to do his business without resorting to malpractices, as he pays the fixed ..... since the liquor was sold at a higher price by the auctioneers, the government decided to amend the rules and introduce the system of granting licence by lottery. 27. .....

Sodexo SVC India Private Limited Vs. The State of Maharashtra and Othe ...

Court : Mumbai

..... in the said decision, the issue before the apex court was whether the lottery tickets were the goods for the purposes of sales tax laws. ..... this indicates that a draw is merely a method of holding the lottery just as a pinball machine may be a method of holding the lottery and does not constitute a separate right. 47. ..... the apex court observed that the possession of lottery tickets gives a right to participate in the draw. ..... he submitted that the said vouchers are akin to lottery tickets which are held not to be goods. ..... the same cannot be equated with a lottery ticket which merely an actionable claim. ..... therefore, it was held that the lottery tickets were not the goods but merely an actionable claim. ..... by this reasoning also a right to participate in a lottery is an actionable claim. 16. ..... a lottery having been held to be in essence a chance for a prize, the sale of a lottery ticket can only be a sale of that chance. ..... therefore a lottery ticket can be held to be goods if at all only because it evidences the transfer of a right. 45. ..... john wassick , , held that "free plays" which could be won predominantly by chance for consideration by operating multiple coin pinball machines for cash payoffs was a prize and the pinball machine constituted the lottery. ..... the right to participate in the draw is a part of the composite right of the chance to win and it does not feature separately in the definition of the word "lottery". .....

Emperor Vs. Nilkanth Balaji Pathak

Court : Mumbai

Reported in : AIR1943Bom72; (1943)45BOMLR56

..... they would rather call it a sort of lottery, although it does not appear that it would satisfy the definition of a lottery in section 294a of the indian penal code. ..... if, therefore, that is a correct and possible meaning of the word 'competition', we think it must be adopted, unless there is something in the) act which shows that it was not intended to apply to any scheme or affair which is in the nature of a lottery and involves no element of skill at all. ..... ' that must mean that a lottery may be licensed under the act, that is to say if the collector should think fit. ..... it would seem, however, that what was really at the back of the learned sessions judge's mind was that a scheme of this kind is not really a competition but a sort of lottery and he thought that the act would not apply to a lottery and would not make a license necessary for a lottery.8. ..... but we think the only reasonable view to take is that the policy of the executive is not to grant licenses for schemes which involve no element of skill whatever and are therefore practically lotteries. ..... if so, a lottery, that is to say an affair in which there is no substantial amount of skill involved, must come within the word 'competition' as understood by the legislature. ..... on the other hand, in section 23 we find what looks like a clear indication that the legislature did realise that the act would cover the case even of a lottery. .....

Dr. K. R. Lakshmanan Vs. State of Tamil Nadu and Another

Court : Supreme Court of India

Reported in : AIR1996SC1153; 1996(1)ALD(Cri)798; [1996]86CompCas66(SC); 1996CriLJ1635; [1997]223ITR601(SC); JT1996(1)SC173; 1996(1)SCALE208; (1996)2SCC226; [1996]1SCR395

..... , vessel or place, or otherwise howsoever ; and includes any house, room, tent, enclosure, vehicle, vessel or place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming;'gaming' gaming does not include a lottery but includes wagering, or betting, except wagering or betting on a horse-race when such wagering or betting takes place(i) on the date on which such race is to be run; and(ii) in a place or places within the race enclosure which the ..... green (1926) 68 utah 251, a horse race was held not to be a game of chance within the prohibition of a state constitution, which provided that the legislature should not authorize any game of chance, lottery, or gift enterprises, since in respect thereto the elements of judgment, learning, experience, and skill predominate over the element of chance.28. ..... horse racing has been held judicially to be a game of skill unlike pure games of chance like roulette or a lottery.the above quoted averments have not been specifically denied in the counter affidavit filed before the high court.22. ..... in the madras gaming act, 1930, in section 3, for the definition of 'gaming' the following definition shall be substituted, namely :'gaming' does not include a lottery but includes wagering or betting.explanation. ..... in the madras city police act, 1888, in section 3, for the definition of 'gaming' the following definition shall be substituted, namely:gaming does not include a lottery but includes wagering or betting.explanation. .....

Manjul Srivastava Vs. Govt. of U.P. and ors.

Court : Supreme Court of India

Reported in : III(2008)CPJ84(SC); JT2008(9)SC584; 2008(12)SCALE110; [2008]86SCL275(SC); 2008(2)LC1238(SC); 2008AIRSCW6277; 2008(8)SCC652; 2008(5)LH(SC)3260

..... therefore, reading the aforesaid clauses in the brochure, it is evident that since the appellant was not allotted any plot and only a plot was reserved subject to holding of a lottery for the specific plots for allotment, the appellant would not acquire any legal right to such plot, only she would be entitled to get refund of her amount deposited with the gda.13. ..... gda dated 10th of february, 1989 was only a reservation letter which was issued pursuant to the application made by the appellant, no allotment of any plot was made in favour of the appellant on account of failure in the draw of lottery, the question of canceling the reservation of a plot alleged to have already made in favour of the appellant could not arise at all. ..... a reading of the clauses, as indicated above, would clearly show that a plot was reserved for her subject to the final allotment after the lottery related to such allotment was made. ..... it is beyond dispute that in the draw of lottery, the appellant was unsuccessful as her name did not figure in the same. ..... a category of plot (category d) which was only reserved for the appellant but from the clauses, as mentioned above, it would be clear that the final allotment was to be made as regards specific plots only after the lottery related to such allotment was made. .....

Yogender Prasad and Another Vs. State of Manipur and Others

Court : Delhi

Reported in : 2000IAD(Delhi)491; 83(2000)DLT59

..... to be absorbed as there is no sanctioned posts against which the petitioners are to be absorbed; that the petitioners were engaged temporarily on casual basis to assist the ticket examiner posted in delhi in conduct of lottery draws; that in delhi, lottery draws are not being held now and the services of the petitioners are no longer required and the petitioners are not entitled to automatic absorption as ldcs merely because their services were engaged ..... six months on one go and have been in continuous service for 2 to 3 years; that the last order extending the petitioners services is for the period from 2.4.1999 to 30.9.1999; that the respondents closed the lottery section and have decided to terminate the services of the petitioners; that the deci- sion to terminate the services of the petitioners is illegal and vocative of the statutory rules regarding ccs ( re-deployment of surplus staff) ..... singh, learned counsel for respondents that the petitioners were appointed on casual basis, not against any regu- lar post and have no right of regularisation; that the lottery section has been closed with effect from 20.7.1999 and the petitioners have been rendered surplus and their services are not required and they have no right of automatic regularosation ..... thus, according to the petitioners, the services of the petition- ers cannot be terminated and on closure of lottery section, the petitioners are required to be absorbed in manipur bhawan-i or ii as ldcs against existing/newly created .....

Dilu Sahu and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2005Ori89; 99(2005)CLT666; 2005(I)OLR60

..... the act has already come into force with effect from 2.10.1997, the state government could issue a notification on 14.10.1999 prohibiting the sale of tickets of a lottery organised, conducted or promoted by every other state under section 5 of the act without even a direction of the central government under section 10 of the act. ..... there is no mention whatsoever in section 5 of the act that the state government could prohibit the sale of tickets of a lottery organised, conducted or promoted by every other state only upon a direction being given by the central government under section 10 of the ..... of october, 1997 and once the act has come into operation in the state of orissa, the state government has the power under section 5 to prohibit the sale of tickets of the lottery organised, conducted or promoted by any other state even without a direction of the central government under section 10 of the act. ..... in this case, by the legislative enactment under sub-sections (2) and (3) of section (1) of the lotteries (regulation) act, 1998 the said act has been brought into force in the whole of india with effect from 2nd of october, 1997 and in the said section 1, no provision has been ..... but the language of sub-sections (2) and (3) of section 1 makes it clear that the lotteries (regulation) act, 1998 extends to the whole of india including the state of orissa and is deemed to have come into force on 2nd of october, 1997 and therefore there is no further necessity of a notification to apply .....

Gopi @ Gopalakrishna, S/O Late Karagappa Vs. State by Doddaballapura, ...

Court : Karnataka

..... he submits that ex.p1 clearly states regarding the demand of dowry, acceptance of dowry, drinking habit and the habit of playing of single digit lottery by the appellant and therefore, he submits that he accused was harassing and ill-treating the deceased by his willful conduct of the nature ..... accused was living with the deceased wife he has subjected her to cruelty and harassment both mental and physical by not going to work and by being addicted to alcohol and playing single digit lottery as a consequence he pressurized her to bring money from her parents thereby he is alleged to have committed the offence under section 498(a) of o.p.c . ..... has never talked to the accused nor he has seen accused drinking nor accused playing single digit lottery but his knowledge about his vice is as per the information given by pw-2, the father of ..... in the cross-examination, it is elicited that the statement regarding the single digit lottery and drinking habit as spoken to in the chief examination is not informed to the police not the police have recorded the ..... i am of the considered opinion that the habit of playing single digit lottery and drinking alcohol by husband and coming home and harassing the wife would naturally become a willful conduct of the husband by which the wife would think of committing suicide or causing injuries ..... that pws1, 2 and 3 have categorically stated regarding the habit of the appellant like playing single digit lottery and wasting of time and money in the said vice. .....