Court : Kolkata
Reported in : AIR1936Cal184,162Ind.Cas.129
..... the learned commissioner seems to have misdirected himself in law, and has acquitted the accused, not because the evidence was defective, but upon the ground that what was described by the inspector did not amount to gambling within the meaning of section 13, act iii of 1867. ..... the evidence shows that such a game was carried on in this carnival grounds, and that the respondent renny was either the owner of the implements or the organiser of the game, and that the other two respondents in some way or other, assisted him in carrying it on. ..... this is an appeal by the remembrancer of legal affairs, bengal, on behalf of the government of assam, against a decision of the extra assistant commissioner of dibrugarh, acquitting the respondents of an offence under section 13, public gambling act (act iii of 1867). ..... the fact that the dart game it-self cannot be said to be a gambling game, does not in any substantial way affect the question whether what these people are alleged to have been doing amounted to gambling or not. ..... the prosecution must appreciate what are the essential facts which must be proved bearing in mind the points to which i have drawn attention. ..... the accused, who are on bail, will remain upon the same bail.jack, j.3. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN307
..... according to learned counsel, if a viewer takes part by sending sms, then such viewer has taken part in gaming or gambling and for that purpose his house itself becomes a common gaming house.6. ..... he has also made a reference to entry 34 or entry 62 of the state list in the seventh schedule and puts it that it is for the legislature to prevent the public gambling house from being maintained. ..... channels amount to gaming exercise or for that purpose the whole area becomes a common gaming house. ..... the definition of gambling as it is found in various dictionaries is relied on and thereafter a reference is made to sections 30 and 31 of the indian contract act which declares that the wagering contract is a nullity. ..... the petitioner has referred to the bombay prevention of gambling act, the madras gaming act, the hyderabed prevention of public gaming act and the west bengal gambling and prize competitions act of 1957.3. ..... mitra that such competitions which are floated on the t.v. ..... such can never be a gaming or gambling for the simple reason that in sending the sms there is no betting involved on the part of the viewer. ..... he invites our attention to the 'common gaming house' under section 2(a) and the definition of gaming and gambling in section 2(b). ..... the provisions of the west bengal act, referred to above, are then brought out in the petition and ultimately in paragraph 17 the petitioner refers to various private channels including the star tv group, zee group, the sony group etc. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal30
..... however, only common gambling house has been defined which reads :'common gambling house means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owing, occupying, using or keeping such horse, enclosure, room or place, whether by way of charge for the use of the instruments of gaming or of the house, enclosure, room or place, or otherwise howsoever.'10. ..... in this connection, learned counsel have also invited our attention to various statutes like prize competitions act, 1955; west bengal gambling and prize competition act, 1957; and public gambling act, 1867. mr. ..... mr, mitra, learned counsel for the petitioner in the public interest litigation has argued before us that such programmes are polluting the indian culture and heritage, therefore, government should stop such kind of programmes. ..... the basic question which has been agitated by the learned counsel for the petitioner is that such programme encourages the flame of greed and encouraging the gambling instinct in a human being. ..... a perusal of section 19(d) clearly shows that prize competition includes the puzzle based upon the building up, arrangement, combination or permutation of letters, words or figure, that is not here in this game. ..... learned counsel further submitted that this is in violation of provisions of mrtp act and in this connection made reference to section 36-a as well as section 36-a(3b) and section 50 of the act.5. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1947Cal429
..... section 47, calcutta police act reads:when under the provisions of the last preceding section, any cards, dice, gaming table or cloth, board or other instruments of gaming, are found in any house, room or place, or about the person of any of those who are found therein, it shall be evidence until the contrary is made to appear that such house, room or place is used as a common gaming house and that the persons found therein were there present for the purpose of gaming although no play was actually seen by the police officer or any of his assistants.mr. ..... the prosecutions were under the public gambling act (act 8 [iii] of 1867) as amended by the united provinces public gambling amendment act (act 1 [i] of 1917). ..... ;,' in the definition, of 'common gaming house' imply that it must be proved that profit has been made by the owner or that profit to the owner is inevitable, or is it sufficient if the owner or occupier etc. ..... held that the warrant was illegal and that accordingly no presumption arose from the finding of instruments of gaming, and he held that it must be proved by independent evidence that the accused made a profit. ..... but, in all cases, in which a warrant has been issued after strict compliance with the provisions of section 46, calcutta police act, and 'cards...or other instruments of gaming' have been found on the premises, the presumption may be made under section 47 of the act, that the cards etc. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal413
..... in the present cases, i am of opinion that the warrants issued under section 5, bengal public gambling act, were illegal, as they do not indicate that the magistrate had any reason to believe that the houses, which he directed to be searched were used as common gaming-houses. ..... must be remembered that under the bengal public gambling act, gambling, in itself, is not illegal, but the act only makes punishable certain specific kinds of gambling, for instance, gambling in a common gaming-house. ..... in both these cases the courts below appear to have based their judgments to a large extent upon the presumption which arises under section 6 of the act, to the effect that, when any instruments of gaming are found in a house, which has been entered or searched under the provisions of section 5 it shall be evidence, until the contrary is made to appear that such house .... ..... learned magistrate in support of this finding does not refer to any evidence from which it would be reasonable to infer that any profit was actually made by the keeper of the house. ..... these two rules arise with reference to the conviction of the petitioners under sections 3 and 4, bengal public gambling act (2 of 1867). ..... the matter came before the lower appellate court the learned district magistrate appears to have relied mainly on the presumption arising under section 6, and in dealing with the question whether or not the keeper of the house derived a profit from the alleged cotton gambling, his finding is somewhat vague. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal141,1959CriLJ307
..... that it had been expressly excluded from the definition of the words 'gaming' or 'gambling' in the several repealed acts which are mentioned in section 18 of the said act, namely the howrah offences act, 1857, the calcutta police act, 1866 and the bengal public gambling act, 1867 ..... the learned chief justice held that such competitions may consist of legitimate prize competitions in winch individual skill is the major requirement, but there may be illegitimate prize-competitions, and the definition of 'prize competition' as given in the bombay act, comprised of prize competitions which are of the nature of a lottery in a wider sense, that is to say, of the nature of gambling and that the legislation came properly under entry 34 in list ii in the seventh schedule ..... that in the west bengal act there is no such provision; on the contrary, lotteries have been expressly excluded from the definition of gaming or gambling ..... in this part 'gaming or gambling' includes wagering or betting except wagering or betting upon a horse race, when such wagering or betting takes place in the manner stated, but does not ..... pair word competition' about 16 pairs of words are given and the competitors are required to find out the correct word or solution out of each such pair from the clues furnished. ..... section 1 of the act came into operation at once, and the remaining provisions were to come into force in such areas and on such dates as the state government might, by notification in the officialgazette, appoint .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal36
..... , 6 cal wn 33 (i), was a case under section 11 of the gambling act ii of 1867, which laid down that a police officer may apprehend without warrant, any person found laying bets for money or other valuable things, with cards, dice or other instruments of gambling, in any 'public market, fair, street, place or thoroughfare situate within ..... that the word 'place' could not but be a public place within the meaning of this section and was evidently ejusdem generis with the other words in the section, and such a place must be of the same character as a public market, fair, street or thoroughfare and that a thakurbari surrounded by a high compound wall, to which members of the public have no legal right of access, was not such ..... had to construe section 11 of the bengal public gaming act 1867 which speaks of 'any public market, fair, ..... attempt has been made in the affidavits to show that there was a quid pro quo, but apart from mentioning that inspectors are appointed to check the sanitation and safety measures adopted by different cinema-houses, nothing more has been established. ..... lj 304 (r), i have summarised the findings of the learned judges in the abovementioned ..... were heard one after another, and the points of law involved are the same, and there was a common set of arguments. ..... act, 1906, under section 1 (1), prohibited a person from frequenting or loitering in any street or public place, on behalf of himself or of any other person, for the purpose of book-making or betting or wagering etc .....
Tag this Judgment!Court : Kolkata
Reported in : 1958CriLJ167
..... his lordship in that case pointed out that section 11 of the bengal public gaming act, 1867, speaks of ''any public market, fair, street, place ..... the petitioners in this case were convicted under section 11 of the bengal public gaming act (bengal act 2 of 1867) and each of them was sentenced to pay a ..... in the following terms:for that the place of gambling not being proved by the prosecution to be a 'public' place as defined by the act, the conviction is illegal.2. ..... finding is, in my opinion, not enough to satisfy the test that the place was a public place within the meaning of the act ..... english street betting act was not exactly in all fours with this act, the question of 'public-place' came up for interpretation in that case and the view of the law taken by this court was accepted by lord godard as to the meaning of ''public place'. mr ..... that there is no authority under the gambling act ..... where the place is an open piece of ground, the presumption that it is a public place is more easily created than where it is a building or is ..... on which the present rule was issued the finding of the learned magistrate was that the space surrounding the temple was a 'public place' within the meaning of act 2 of 1867. ..... in defence the petitioners pleaded that they did not take part in the gambling and that they were arrested by mistake when they started running at the sight ..... place' has to be interpreted ejusdem generis, and must be, therefore, some such place as is like a public market or fair or street. .....
Tag this Judgment!Court : Kolkata
Reported in : 80Ind.Cas.498
..... reference has also been made to the bengal public gambling act, 1913, which amended section 1 of the bengal public gambling act, 1867, by excluding from the definition of gaming, wagering or betting on a horse race when such wagering or betting takes place, (a) on the day on which the race is to be run and (b) in an enclosure which the stewards controlling the race have with the sanction of the local government set ..... case, i will briefly dispose of the only disputed question of fact, which is whether the defendant signed the hundi and letter at the solicitation of the member of the plaintiff firm who has given evidence, or whether on receipt of the letter from the secretary of the royal calcutta turf club, he went to see him in order to make arrangements which would prevent the consummation of the penalties with which be was ..... instance no difficulty arises, but that is not always the case and it is at times embarrassing that pleas may legitimately be taken in reply which are not on record until they find their place in the issues ..... the bengal amusements tax act, 1922 which imposes taxes on certain forms of betting including that of the kind carried on by 'licensed book-makers,' who are defined in the act as persons who carry on the business or vocation of or act as book-makers, etc, was also referred to in the ..... 675, 'by common law wagers were not illegal, and the nature of a wager is such that from the point of view of jurisprudence-there is ample ..... grosvenor house,' .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1948Cal116
..... in this case has been convicted under section 11, bengal public gambling act of 1867 for unauthorised betting at the calcutta race course ..... in section 5 the magistrate or other officer empowered is given certain powers to enter and search a suspected gaming house and it is provided that he.may seize or authorise such officer to seize all instruments of gaming and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming which are found ..... noad before us is that there is no authority under the gambling act (act 2 [ii] of 1867) for the magistrate to direct forfeiture of the money found with the accused and we must accept this ..... in section 8 it is laid down that 'on conviction of any person for keeping or using any such common gaming house, or being present therein for the purpose of gaming, the convicting magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited or, in his ..... facts, there is, in our opinion, ample evidence to justify the learned magistrate's finding that the accused was gambling in a public place.9. ..... in section 6 it is laid down that 'when any cards, dice, gaming-tables, cloths, boards or other instruments of gaming' are found a certain .....
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