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Anand Commercial Agencies Vs. Commercial Tax Officer, Vi Circle, Hyder ...

Court : Andhra Pradesh

Reported in : [1988]71STC45(AP)

..... is whether the direct and immediate result of the impugned notification is to impose an unfavourable and discriminatory tax burden on the imported goods (here lottery tickets of other states) when they are sold within the state of tamil nadu as against indigenous goods (tamil nadu government lottery tickets) when these are sold within the state from the point of view of the purchaser and this question has to be considered from the ..... question was whether such an exemption from payment of tax is discriminatory because of the tax burden on the sale of lottery tickets of other states (imported goods) when they are sold within the state of tamil nadu as against the lottery tickets of tamil nadu government when these are sold within the state ..... is a clear case where an unfavourable and discriminatory tax burden was laid on the lottery tickets from other states as against the state owned lottery tickets and this hampered free flow of trade, commerce and intercourse ..... under a raffle scheme promulgated by the state government of tamil nadu, the first sale of lottery tickets issued therein by the state government to various wholesalers and the state government became liable to pay sales tax as the ..... discriminatory treatment in the matter of levying the sales tax on imported lottery tickets which are similar to the ones issued by the state government so as to hamper free flow of trade, commerce and intercourse is writ large on the face of the impugned notification and in my view the same is clearly .....

Manoj Kumar Sahu Vs. State of Orissa and anr.

Court : Orissa

Reported in : 2008(II)OLR256

..... 5 failed to furnish up-to-date sales tax clearance certificate at the time of submission of the application form but the collector permitted them to participate in the lottery subject to condition that they shall produce up-to-date sales tax clearance certificate in the event of settlement of the shop. ..... 5 were found suitable for consideration for settlement of the said shop through lottery process subject to production of valid documents as per their undertaking submitted in response to letter no. ..... 5 having not mentioned the essential requirement whether he is convicted or not by any court of law, he should not have been allowed to take part in the lottery and the licence could not have been granted in his favour. ..... in the result, we allow the writ petition, quash the result of the lottery held on 10.3.2008 and the exclusive privilege granted to opposite party no. ..... 5 in respect of the aforesaid off shop and to declare him as the lottery winner being the remaining qualified and sole applicant for the said shop.2. ..... 5 to furnish undertaking in shape of an affidavit showing their readiness to furnish the necessary documents on the very date of drawal of lottery in connection with settlement of imfl off shop by 15.2.2008. ..... 5 was declared as the winner and was asked to produce the wanting documents within 7 days from the date of drawal of lottery and both petitioner as well as opposite party no. .....

Harish and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1999P& H291; (1999)122PLR420

..... restrictions as spelled out from annexures r1 and r2, mentioned above, are reasonable all that has been stated while pleading that these instructions are reasonable is that the instructions were issued due to over-crowding on lottery stalls situated in the cities/towns within the municipal limits which were causing nuisance to the public in general besides maintenance of law and order and to observe normal restrictions near national highway/other ..... for the reasons mentioned above, we hold that the action of deputy commissioner and superintendent of police, rohtak in placing restriction upon the trade of the petitioners of selling lottery tickets at rohtak, is discriminatory as also that the restrictions placed vide annexures rl and r2, reference whereof has been made above, are unconstitutional and illegal ..... whereas, one can understand desirability of not over crowding near the national highways and other roads, it is wholly un-understandable as to how crowding of lottery stalls or shops can possibly cause nuisance to the public in general and what problem the administration can face while maintaining law and order ..... it has then been pleaded that the instructions dated 24-10-1997 and 4-11-1997, annexures rl and r2 were issued due to over crowding on lottery stalls situated in the cities/ towns within the municipal limits which were causing nuisance to the public in general besides maintenance of law and order and to observe the normal restrictions near national highways/other .....

M.S. Associates Vs. Commissioner of Police and anr.

Court : Delhi

Reported in : 62(1996)DLT638

..... , ministry of home affairs, new delhi's notification no.o-11036'/3/73(i)-utl dated i.7.1978,1, nikhil kumar, commissioner of police, delhi do hereby make this written order to prohibit from 28th december, 1995 any person or persons from selling lottery tickets, both state and private and all activities connected to it which are likely to cause disturbances of the public tranquillity and public morals and breach of peace and/ or danger to human ilife and property in the ..... the state gov'-rnment has power to legislate under entry 34 list ii seventh schedule of the const^ution of india regarding 'betting and gambling' but the lotteries organized by a state government or the government of india have been specifically taken away from the said entry and have been placed in entry 40 list i seventh schedule of the constitution of india, which cannot be banned by such ..... commissioner of police received reports to the effect that on account of lottery menace which has resulted in spurt in various crimes in delhi besides unhealthy competition between lottery sellers having ill effect of the addiction of the innocent public, it was found that being lured by the hope of winning the lottery, the young and poor wage earners and working masses, recklessly start gambling till they are finally exhausted. ..... in the present case also since the petitioner is selling the state organized lottery, hence the nct of delhi could not have banned it even by resorting to the provision of section 144 cr.p.c. .....

Rama Nava Nirman Samithi, Hyderabad Vs. State of Tamil Nadu

Court : Chennai

Reported in : 1990CriLJ2620

..... government of india, addressed a communication dated july 1, 1968 to the chief secretaries to the government was opposed to the idea of lotteries being conducted by governments, they had decided to authorise the state governments to conduct lotteries in view of the representations of some of the state government that it would help them 'to mobilise savings and to find funds for financing their development plans'. ..... in order to avoid objections, from such states it has been decided that the central government permission for conducting state lotteries is available on the condition that tickets to such a lottery will not be sold in another state without the express consent of the state government concerned. ..... learned counsel fro the petitioner contends that under section 294-a of the indian penal code, a state lottery and a lottery authorised by the state government are permissible and it is only the other lotteries which shall be punished with imprisonment prescribed in the section. ..... state of maharashtra, : [1984]2scr440 the supreme court has considered the question with reference to state lotteries and held that a state government is not entitled to prevent the sale of tickets for lotteries held by the other state government is not entitled to prevent the sale of tickets for lotteries held by the other state government is not entitled to prevent the sale of tickets for lotteries held by the other state governments. .....

Sri Dip Gogoi and ors. Vs. Numoligarh Refinery Ltd. and anr.

Court : Guwahati

..... in that view of the matter, on consideration of the rival contentions of the parties at length, this court is of the view that the impugned procedure for selection by lottery is not a gambling and has not offended the meaning of 'trade' or 'commerce' under article 301 of the constitution in any matter as argued by the learned sr. ..... counsel appearing for the respondents-nrl, has vehemently argued that there is no illegality or arbitrariness in making the impugned selection by lottery when the tenders are invited for hiring of the vehicles giving a fixed rate as evident from the schedule of rates above noted. ..... his contention is that such practice of selection of agencies for vehicles by draw of lot is also being followed in some other public sector units in north east region and such selection by lottery cannot be termedas 'gambling' and it is accepted procedure for selection when all are found at par. ..... the bidders to accept the same and the bid being identical in nature, it is only for the purpose of fairness and transparency that the impugned procedure has been adopted so as to select the bid of those bidders by a lottery in their presence without giving any special treatment to any bidder. 10. ..... denying the allegations that in floating the nit, the nrl has been indulging itself in lottery transaction which is being gambling in nature and opposed to public policy, mr. .....

Tashi Delek Gaming Solutions (Private) Limited and ors. Vs. State of K ...

Court : Karnataka

Reported in : AIR2005Kant261; ILR2005KAR1548; 2005(2)KarLJ403

..... the question that we need to answer is whether the appellants herein have an independent right to challenge the impugned notification which 'declares that the karnataka state shall be the free zone from online and internet lotteries and prohibits the sale of all computerized and online lottery tickets marketed and operated through vending machines, terminals, electronic machines and tickets sold through internet in karnataka'. ..... the learned single judge also held that it was the state government alone which could prohibit the sale of lottery tickets in a state under section 5 of the act and when the sale is so prohibited as has been done by the state of karnataka by the impugned notification, it was only the state of sikkim or other state governments which could ..... with the issuance of the impugned notification the appellants had to stop their business of selling online tickets of the lotteries run by the state of sikkim and others in the state of karnataka and it was then that they along with the state of sikkim filed the writ petition out of which this appeal has arisen.5. ..... appellant 2 is the distributor/sub-agent/retailer of appellant 1 and is engaged in the business of selling lottery tickets of online lotteries of the states of sikkim, meghalaya and obtains the same from the marketing agents of the said state namely, appellant 1 and others. .....

Thomson Press (India) Ltd. and anr. Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (1996)112PLR345

..... haryana is not competent to levy sales tax on the transfer of property in goods involved in the execution of a 'work contract' in a case where the order for printing of lottery tickets has been placed by another state, and there is movement of the end product in the course of inter-state trade and commerce. ..... the questions that arise for consideration are :-i) is the review petition competent?ii) does the printing of lottery tickets amount to execution of a 'works contract'?iii) is the state of haryana competent to levy sales tax on the goods involved in the execution of a works contract where the order for printing of lottery tickets has been placed on the petitioner by another state and the goods have been accordingly supplied to ..... he prays that a clarification in the same terms as in the case of east india cotton manufacturing company namely that the lottery tickets having been printed at the instance of states other than haryana, in execution of a works contract, the goods were not exigible to the levy of sales tax under the state and the central ..... result the amount charged by the petitioner for the printing of lottery tickets from different customers could not be included in the taxable ..... of certain amounts on the ground that lottery tickets were exempt from the payment of sales ..... haryana competent to levy sales tax on 'transfer of property in goods involved in the execution of a works contract' where the order for printing of lottery tickets has been placed by another state? .....

Jasmine and Company Vs. State of Nagaland

Court : Delhi

Reported in : 157(2009)DLT509

..... the necessary clarification to the governments of tamil nadu and kerala claiming lottery to be the lottery of the respondent state; consequently the petitioner could not make payments for the draws already scheduled; ..... appointed the petitioner as a sole organizing agent for the nagaland state lotteries in the name and style of sri lakshmi lottery; that the agreement was for three years; the lottery was to be freely sold all over india; that the respondent state will place orders with the printers for printing of lottery tickets and the petitioner will pay the cost of the paper and ..... case of the petitioner that the petitioner organized from delhi the sale of lottery tickets in different part of the country; that out of the total agreed 156 weekly draws, the lottery continued till the 65th draw but thereafter the governments of tamil nadu and kerala banned the sale of the tickets of the lottery assuming it to be a private lottery; that in spite of representations of the petitioner the respondent did not render ..... the bank guarantee dated 4th august 1990 inter-alia intimated to the bank that the petitioner had failed to meet the financial obligation in connection with her organizing of lottery with the government of nagaland and gave notice to the bank that a sum of rs. .....

S. Nagaraj Vs. S. Govindaswamy and anr.

Court : Chennai

Reported in : AIR1984Mad212; (1983)IIMLJ314

..... in the above said relation's house, we entered into an agreement in and by which the first defendant will purchase and sell lottery tickets by the money entrusted by the plaintiff and also the first defendant will put 1/4th of the amount invested by the plaintiff ..... srinivasan, learned counsel for the appellant, contends that there is an agreement at madras, between the plaintiff and respondent i in respect of the dealing in lottery tickets and as such, part of the cause of action has arisen within the jurisdiction of the original side of this court. mr. ..... nowhere in the plaint it has beta alleged that there was an agreement between the plaintiff and defendant i at madras for the purpose of purchasing a lottery ticke4 from royal bhutan lottery and sharing the prize money, if won, equally between them. mr. m. ..... according to the plaintiff, he and respondent 1 were jointly* carrying on trade in selling lottery -tickets.on 1-6-1992, respondent 1 cam6 ti) the house, of the plaintiff and took the winning ticket' froth the plaintiff's wife, whittle plantain was absent from his house after informing the wife of the plaintiff ..... a -reading of the above averments, it is too much for us to presume that the parties intended to purchase lottery tickets at madras and share the prize, if any, between themselves. ..... the plaintiff and the plaintiff and the first defendant were in the habit of purchasing lottery tickets jointly and that the said lottery tickets will be kept in the house of the plaintiff.. .....