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Allahabad HC: Poker & Rummy Are Skill Games, Not Gambling

Case Law Details

TaxGuru Citation
2024 taxguru.in 4499
Case Name
Dm Gaming Pvt Ltd Vs State of Up And 6 Others (Allahabad High Court)
Date of Judgement/Order
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Dm Gaming Pvt Ltd Vs State of Up And 6 Others (Allahabad High Court)

In Dm Gaming Pvt Ltd vs. State of UP and Others, the Allahabad High Court ruled that Poker and Rummy are skill-based games, not gambling. The petitioner challenged an order denying permission to run a gaming unit offering Poker and Rummy, based on concerns about potential disruptions to public order and the possibility of illegal gambling. The court referenced Supreme Court rulings and judgments from other high courts, which have consistently held that such games are based on skill, not chance. The court criticized the authorities for rejecting the application without sufficient grounds or a thorough examination of relevant legal precedents. It emphasized that while gambling remains illegal, authorities must differentiate between gambling and skill-based games like Poker and Rummy. The court directed the concerned officer to review the case and issue a reasoned order within six weeks, ensuring the petitioner receives a fair hearing.

FULL TEXT OF THE ORDER OF ITAT ALLAHABAD

1. Heard Sri Amit Saxena, learned Senior Advocate assisted by Sri Yash Tandon and Sri Rohit Sharma, learned counsel appearing for the petitioner and Sri Praveen Kumar Giri, learned A.A.G. assisted by Sri Gireesh Chandra Tiwari, learned Standing Counsel appearing for the State.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,000

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