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Need gaming consultant/lawyer

(Querist) 20 January 2012 This query is : Resolved 
Hi to all,

i am in search of gaming lawyer in Delhi, Mumbai. i had heard that Rummy was declared to be a game of skill by the Honorable Supreme Court of India in 1968. i am looking for consultant/lawyer who can help me to take indian rummy license. What are steps we have to take them according to Supreme Court of India for taking Indian Rummy License


Waiting for an quick reply.........
ajay sethi (Expert) 20 January 2012
State of Andhra Pradesh v. K. Satyanarayana and others (1968 AIR 825 1968 SCR (2) 387) while looking into whether playing rummy in clubs charging fee for the same can be construed as gambling observed:

“The game of Rummy is not a game entirely of chance like the ‘three-card’ game mentioned in the Madras case to which we were referred. The ‘three card’ game which goes under different names such as ‘flush’, ‘brag’ etc. is a game of pure chance. Rummy, on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill.”
sam (Querist) 20 January 2012
Hi Ajay,

i want to take rummy license in india. How is it possible ?
ajay sethi (Expert) 20 January 2012
Poker legal in West Bengal, is Kolkata all set to be the new poker haven?

By Jay Sayta On October 4, 2011 · 6 Comments
....






Exclusive: [With all poker enthusiasts just looking at the obvious destination, Goa, everyone seems to have missed the statutory provision that allows poker in West Bengal. Read on to know how poker is legal in West Bengal and how card-rooms can be started there.]

The popularity of poker in India has been increasing every day. Most people view it as means of socializing and recreation. Thus, quiet a few upper-middle class Indians have started weekend poker-evenings with friends and acquaintances. Some view it as an analytical indoor sport and a good-way of spending time rather than going to clubs or parties.

However, despite the increasing popularity of poker in India, the legal atmosphere is not conducive for poker to grow as an indoor game. There are various floating casinos having poker as a game in Goa and various casinos in hotels and other places in the North-Eastern State of Sikkim. There is a new huge resort-cum-casino coming up in the Union territory of Daman.

What however, has seemed to escape the notice of poker-lovers and entrepreneurs is a favourable and conducive legislation in the Eastern State of West Bengal. While, The West Bengal Prize Competition and Gambling Act, 1957 prohibits almost all forms of gaming and betting, Section 2 (b) iv of the Act has excluded ‘skill-based’ card games like poker, bridge, rummy and nap.
Thus as far as poker in West Bengal is concerned, the exemption of poker form the West Bengal Prize Competition and Gambling Act, 1957, clearly indicates that conducting poker games in West Bengal, even for cash would be permitted. Given the fact that it would be possible to have poker in the Kolkata-the largest city in Eastern India where a lot of enthusiastic poker lovers are situated, should be the greatest news for the gaming industry and poker-lovers in recent times.

However, a word of caution here Even in West Bengal. Section 12 of The West Bengal Prize Competition and Gambling Act, 1957, requires permission from the Police Commissioner of Kolkata or the District Magistrate of the concerned district for any ‘game of skill’ to be held in a public place. Whenever, card games are conducted, police assume it to be gambling and arrest owners, organisers and participants. Thus, to be on the side of caution (and since it can be inferred that poker is considered to be a game of skill, atleast in West Bengal after considering the Supreme Court judgment on rummy, referred earlier and the mention of poker along with indisputable skill-based card games like rummy and bridge).

Additionally, since poker is considered to be a legitimate form of gaming, it may be necessary to have appropriate ‘entertainment’ or ‘amusement’ license from the appropriate authorities as per the Bengal Amusements Act, 1922. The Kolkata Municipal Corporation issues entertainment licenses for games like pool-tables, video games etc. While neither poker nor rummy is mentioned in the list of games for which entertainment license is granted, it is still assumed that such a license would be required for carrying out any kind of poker game where cash is collected from participants.
ajay sethi (Expert) 20 January 2012
you can get rummy licence in west bengal . i have reproduced an article which mentions that rummy is permissible in west bengal .better start from west bengal
Deepak Nair (Expert) 20 January 2012
This is a new information for me.

thanks alot to Mr.Sam for putting such query and Mr.Ajay for providing the legal update.

I am not a card player and i don't know much about rummy. But the fact that the rummy reached High Court attracted my attention.
ajay sethi (Expert) 20 January 2012
these queries make us do lot of research . thanks for appreciation deepak nair
sam (Querist) 20 January 2012
Hi ajay,

In which Indian state, rummy is illegal........
ajay sethi (Expert) 20 January 2012
as per supreme court judgement it is a game of skill and not illegal . west bengal has specific act which as per article cited by me permist playing of rummy
each state whill have special laws . you have to go trhough the said laws of concerned state apply for permission so that you dont face problems later
ajay sethi (Expert) 20 January 2012
Since the Seventh Schedule of the Indian Constitution has given the State governments the power to enact laws regulating gambling, there is hardly any inter-state co-ordination or a cohesive policy on gambling laws. While states like Maharashtra have banned gambling, Goa and Sikkim follow a licensing policy in allowing certain forms of public gambling and casinos.
Raj Kumar Makkad (Expert) 20 January 2012
No room is left for me to enter in this game of rummy.
sam (Querist) 20 January 2012
Hi Ajay/Raj,

i am looking for rummy license for all over India. Plz guide me or tell me in details How can i take Rummy License for all over India...........

Deepak Nair (Expert) 20 January 2012
Dear Rajkumar Sir, Mr.Sam has now provided room to you too.
Sankaranarayanan (Expert) 20 January 2012
Hope this is accepted by all state as legal
Raja (Expert) 20 January 2012
Start from West Bengal first and open online system, having head office in WB. Technically this will work for you.
M/s. Y-not legal services (Expert) 21 January 2012
already online rummy games is going on..

really such an interesting query.. thank you sam.. and ajay sir, you are rocking..

as per given facts by ajay sir., rummy games permitted in w.b., then with that advantage you can seek permission from all state authorities., surely they will neglect your permission letter.,

then you may sent representation to all states., if there is no response mean you can invoke the extro ordinary jurisdiction of concern high courts u/a.226 or supreme court u/a. 32 by filing writ petition. petition for direct the respondents to consider your representation..

am not sure that how much its will be effectfull. but just we can try..

-tom-
prabhakar singh (Expert) 21 January 2012
NOTHING TO SAY ANY MORE.
M V Gupta (Expert) 22 January 2012
A novel field of law, which we do not generally visit. Quite informative.
Shonee Kapoor (Expert) 31 January 2012
The game is over, by the time I found this thread.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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