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K.L. Trading Co. Pvt. Ltd. Vs. State of Meghalaya and ors.

Court : Guwahati

..... as follows:-- the petitioner is a partnership firm carrying on the business of marketing and trading state government lotteries with its registered office at new delhi and a local office at mouchak market, guwahati. ..... the tenders on 4-1-95 the petitioner came to know that there was a move on the part of respondents 1 and 2 to appoint the 3rd respondent as distributing agent for meghalaya state lotteries though the 3rd respondent had assured a minimum guaranteed profit of rs. ..... laya, represented by its principal secretary, excise registration, taxation and stamps department issued notice inviting tenders (for short, 'nit') from registered firms/companies of repute having sufficient experience in the lottery business for appointing as distributing agent for the meghalaya state lottery for a period of about three years. ..... international of new delhi had produced copies of lottery agreements with other state governments and the offer made by 3rd respondent guaranteeing ..... were requested to allow the government of meghalaya state lottery tickets being marketed by their distributing agent i.e. ..... the prospective tenderers already running the lotteries in other states and union territories need submit authenticated copies of agreements entered into by them ..... all the states and union territories communicating them that the government of meghalaya had entered into an agreement with the 3rd respondent for distributorship of the sale of the meghalaya state lottery and initial daily lottery draws, etc. .....

Maiya Deen Tiwari Vs. State of U.P. and Others</B>

Court : Allahabad

Reported in : 1999(2)AWC1282

..... this petition has been filed praying for strict compliance of the lottery ordinance dated 1.10.1997 and the judgment of this court dated 10.3.1998 and order dated 25.3.1998. ..... it is evident that the authorities are in collusion with the lottery dealers and are not enforcing the orders of this court. ..... it is indeed regrettable that despite the two final judgments of this court dated 10.3.1998 and 25.3.1998 and the interim order dated 16.12.1998, lotteries are being sold freely in all parts of uttar pradesh. ..... 5733 of 1998, and the order on the review application in the same writ petition passed on 25.3.1998, we had held the lottery ordinance to be held valid and it has also ordered that no lottery of any state shall be sold in uttar pradesh. ..... in allahabad itself, lottery tickets are being sold openly before the general post office, on the leader road andkatju road near the railway station, a. g. ..... by the aforesaid judgment dated 10.3.1998 in m/s maa vaishnav lotteries agency v. .....

Jeeta Ram Vs. State

Court : Rajasthan

Reported in : 1971WLN147

..... . thus, the learned magistrate has acted without jurisdiction regarding the charge relating to the forgery of the lottery ticket when he recorded the plea of the accused thereon and then he eventually convicted him, though he did not mention the right section in his order.10 ..... the alleged forged ticket is said to have been presented before the authority of the state lottery department of jammu & kashmir, who had produced that ticket there and under what circumstances and what was its condition, a thorugh investigation needed to have been made by the police. ..... . in the present case the charge framed by the learned magistrate itself indicated that it was the accused who had forged the lottery ticket by changing the figure 'i' to '7' in it ..... there is no manner of doubt that a lottery ticket the production of which will enable the person holding the ticket to receive the amount of the prize is a valuable security. ..... eventually the director of lotteries reported the matter with the kashmir police and a case was registered against lalchand and khema. ..... b-155027 of the state lottery of jammu & kashmir and told him that in the third draw of the lottery on 11-1-70. ..... the prosecution case, in brief, was that the accused had approached the complainant hastimal kothari of pali on 22-1-70 with a lottery ticket bearing no. ..... shri lalchand and khema then went to srinagar and there contracted the director of the state lotteries. .....

Board of Governors, Hyd. Public School Vs. P. Rajender and Others

Court : Andhra Pradesh

Reported in : AIR1995AP316; 1995(2)ALT778

..... that arises for consideration is, the direction of the learned single judge, while taking exception to the admission process evolved by the appellants of selecting candidates for admission at class i stage through lottery system, to evolve and adopt a fair and reasonable method of selection in public interest, from the academic year 1995-96.3. ..... reason only a basic test is conducted to broadly find out an eligible group of students and thereafter the lottery is conducted in the presence of eminent persons to pick up the students who are to admitted.5. ..... the learned single judge held the selection of candidates for admission through lottery to be inherently arbitrary as treating unequals as equals and the selection to be without ..... without recourse to such studies, a blanket of adoption of the lottery method would undoubtedly expose the admission to the charge of arbitrariness and discrimination, a position to which ..... adopted the method of determining the eligibility of candidates for admission on the basis of a basic test in english and mathematics and once the eligible candidates are identified, the admission is conducted on the basis of lottery and all the eligible candidates are considered. ..... that taking a decision through lottery is inherently arbitrary and discriminatory, cannot be denied, but, whether such a process is capable of being adopted, in special circumstances, for admission into educational institutions at the primary stage, is a matter for which conclusion there must .....

Hemant Spices Vs. Assistant Commissioner (Assessment), Sales Tax and a ...

Court : Kerala

Reported in : [1994]95STC336(Ker)

..... constitute one single right was not accepted by the court with the following observations :'it is not possible to accept this contention for the simple reason that the two entitlements which arise on the purchase of a lottery ticket are of different character, inasmuch as the right to participate arises in praesenti, that is to say, it is a choate or perfected right in the purchaser on the strength of which he can enforce the holding of the draw ..... one of the questions posed for consideration was the meaning of the expression 'movable property' and whether lottery tickets constitute 'goods' as defined in section 2(7) of the sale of goods act, 1930, the definition of 'goods' in which is similar to that in section 2(xii) of the kerala ..... it is thus clear that a transfer of the right to participate in the draw which takes place on the sale of a lottery ticket would be a transfer of beneficial interest in movable property to the purchaser and, therefore, amounts to transfer of goods and to that extent it is no transfer of an actionable claim ; to the extent that it involves a transfer of the right to claim ..... the supreme court dealt with this question in relation to lottery tickets in anraj [1986] 61 stc 165 with reference to the decision in swami ..... the supreme court considered the nature of a lottery ticket, whether it is a chose in action, in anraj ..... it was accordingly held that lottery tickets would be movable property as opposed to immovable property and would normally qualify to fall .....

S. FakruddIn and Others Etc. Vs. the Govt. of A. P. and Others Etc.

Court : Andhra Pradesh

Reported in : AIR1996AP37; 1995(2)ALT439

..... a closer examination, however, of the facts of the case and the law laid down by the court shows that it approved of lottery in a situation where the population of males and females in different villages had been found to be practically equal in the ratio of 1:1 and, 'with a view to give women the due representation for the earlier time consuming process of ..... what has been seriously contended is the method of implementation of the reservation for backward classes in the wards or territorial constituencies and that of the chairpersons of the panchayats by a method lottery or drawing of lots for allotment of the seats or reservation of seats for backward class condidates for elections. ..... state, air 1992 madh pra 177 wherein some wards appear to give the impression that a bench of the madhya pradesh court accepted that lottery can be a proper method to allot to a reserved category a particular ward or panchayat. ..... we are inclined for the said reasons to agree with the learned counsel for the petitioners and hold that lottery is not an appropriate system. ..... it is next contended that lottery may reserve a territorial constituency for a backward class candidate in which territorial constituency there is no eligible backward class voter who can offer himself as a candidate.26. ..... system of lottery has given rise to the doubts about the intentions of the authorities who are conducting the elections and set in uncertainty in the procedure of allotement of seats for reserved category candidates .....

Lala and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1933All941

..... to disastrous result, for it could be proved that the name of a particular bystander was not put into the ballot box and there might be large number of such bystanders, the accused would argue that the lottery was defective and that the names of all persons present in court should have been put into the ballot box because the legislature has not said 'chosen from such other persons present ..... it may be argued that this perhaps is not a conclusive reply if all that can be said is that where choice by lottery is intended it is specifically so mentioned, but if 'chosen' in the second proviso means 'chosen by lot' then it would follow as a natural consequence that the names of all the bystanders that might be present in court will have to be put into ..... it is then argued that according to our view it may not be possible in certain cases to have an effective lottery, which is the basic idea in a jury trial. ..... this is the first effective lottery that takes place, and it is sufficient in the majority of cases to safeguard the interests of the accused. ..... then another effective lottery takes place at the opening of the trial, when the names of the persons summoned are put into the ballot box and they are called out one by one, when the accused has an opportunity to ..... , it simply said 'chosen' in the second proviso when as a matter of fact here again the intention was a choice by lottery. .....

State of Kerala and ors. Vs. Mini ShamsudIn and ors.

Court : Supreme Court of India

Reported in : JT2009(14)SC369; 2009(3)SCALE143; (2009)3SCC466; 2009(3)LC1296(SC); 2009AIRSCW2194

..... the court in h.anraj, as we have seen, held that a lottery ticket is a slip of paper of memoranda evidencing the transfer of certain rights. ..... there can be no doubt that on purchasing a lottery ticket, the purchaser would have a claim to a conditional interest in the prize money which is not in the purchaser's possession. ..... xxxxxx xxxxxx xxxxxa lottery ticket has no value in itself. .....

Hmm Ltd. Vs. Director General, Monopolies and Restrictive Trade Practi ...

Court : Supreme Court of India

Reported in : 1998VIAD(SC)214; AIR1998SC2691; [1998]94CompCas132(SC); JT1998(5)SC433; 1998(4)SCALE490; (1998)6SCC485

..... it stated that the appellants had organised the said scheme from which it 'appeared that as prizes were offered by draw of lots, the respondent had indulged in unfair trade practice of organising a lottery for purpose of promotion of its sales and thereby resorted to the unfair trade practice as defined in section 36a(3)(b) of the act. ..... the commission held, 'on these postulates it is not difficult to say that the rate practice is no better than a lottery and that the buyer who does not get any prize, does lose it as against the one who wins it although both take to the same transaction. ..... the fact that some bottles of horlicks contained a slip of paper which entitled the buyer to a prize is not a lottery in the ordinary sense of the word.11. ..... (b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest. ..... the conduct of a lottery for the purpose of promoting the sale, use or supply of a product is an unfair trade practice. .....

Fifth Income-tax Officer Vs. A. U. Chandrasekaran.

Court : Chennai

Reported in : [1986]17ITD202(Mad)

..... representative vehemently contended that all the elements of an aop are present in this case, that the ten persons had entered into an agreement to buy raffle tickets regularly in order to earn income, that winnings from lotteries have been included in the definition of income under section 2(24) (ix) of the act with effect from 1-4-1972 and that, therefore, the assessment made by the ito should be restored.6. ..... they entered into an agreement on 17-2-1977 as per which they agreed to jointly purchase lottery tickets of the tamil nadu government for which the prize was declared on 28-2-1977. ..... it is seen therefrom that the ten person have jointly purchased 30 lottery tickets issued by the tamil nadu government for which the prize was declared on 28-2- ..... the aac held that the joint purchase of the lottery tickets was not an investment for definite expected gains, that the same does not amount doing any business, that there was no management involved in getting the prize money and that, therefore, ..... therefore, brought to tax the above receipt from lottery after giving the statutory deductions.3. ..... mere purchase of lottery tickets would not lead to the conclusion that the ten persons are associated in a commercial activity of producing ..... taking note of the fact that winnings from lotteries are deemed as income with effect from 1-4-1972, as per the amendment made to the act, it is difficult to hold that the ten persons joined together to produce income in the share of winnings from lotteries. .....