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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

GAMBLING NOT INCLUDED WITHIN MEANING OF TRADE, ...

  • 2022-10-10T05:40:43

GAMBLING NOT INCLUDED WITHIN MEANING OF TRADE, COMMERCE OR INTERCOURSE: SUPREME COURT OF INDIA In the case of State of Bombay vs R.M.D. Chamarbaugwala, the Hon’ble Supreme Court held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse. The petition was related to the validity of the Bombay Lotteries and Prize Competitions Control and Tax Act, 1948. The Court held that the Act comprises only prize competitions which are in the nature of a lottery or gambling. Hence it is a law on betting and gambling under Entry 34, and not on trade and commerce under Entry 26 of List II. However, it is not protected by the fundamental right to trade and profession under Article 19(1)(g) or the freedom of trade, commerce and intercourse under Article 301 of the Constitution of India. Reddy & amp; Reddy Law Firm is one of the few law firms that has been recognized for its experience in sports law. Our dynamic and diversified team of sports lawyers have dealt with matters ranging from anti- doping policy, professional service contracts and other relevant contracts, sports law advisory, gaming and betting, athlete and industry representation.

GAMBLING NOT INCLUDED WITHIN MEANING OF TRADE, COMMERCE OR INTERCOURSE: SUPREME COURT OF INDIA In the case of State of Bombay vs R.M.D. Chamarbaugwala, the Hon’ble Supreme Court held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse. The petition was related to the validity of the Bombay Lotteries and Prize Competitions Control and Tax Act, 1948. The Court held that the Act comprises only prize competitions which are in the nature of a lottery or gambling. Hence it is a law on betting and gambling under Entry 34, and not on trade and commerce under Entry 26 of List II. However, it is not protected by the fundamental right to trade and profession under Article 19(1)(g) or the freedom of trade, commerce and intercourse under Article 301 of the Constitution of India. Reddy & amp; Reddy Law Firm is one of the few law firms that has been recognized for its experience in sports law. Our dynamic and diversified team of sports lawyers have dealt with matters ranging from anti- doping policy, professional service contracts and other relevant contracts, sports law advisory, gaming and betting, athlete and industry representation.

  • 2022-10-10T05:40:43

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