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2021 (10) TMI 240 - KERALA HIGH COURTJurisdiction - power of the Government to include the game "Online Rummy played for stakes" within the purview of the Kerala Gaming Act, 1960 - validity of notification issued by the Government, amending the exemption notification issued on 30.09.1976 under Section 14A of the Act - only restriction in the notification is that no side betting shall be allowed - HELD THAT:- Section 14 deals with games of mere skill. The observation referred to by the State Attorney can hence only take in situations like “side betting” during a game of Rummy, which has been taken care of by Ext.P7 notification and to profit or gain made by the owner of the house or club from the game of rummy or any other game played for stakes. What matters is not the stakes but the profit or gain made by the owner of the house. “Side betting” is not a term that the law is not aware of. What is sought to be done in the case on hand is not a prohibition of Online Rummy as a trade of business which is dangerous to the community. Instead, the game Online Rummy is sought to be exempted from the provisions of the Kerala Act, to a limited extent when it is not played for stakes, as a game predominantly of skill. Such a notification is totally ill-conceived in my opinion since, the moment online rummy is recognised as a game predominantly involving skill, it will come within the purview of Section 14 of the Kerala Act and nothing more is required to take it out of the purview of the other provisions of the Kerala Act, which speak of penalty for gaming. So also, stakes cannot be the criterion for assessing whether a game is one involving skill or chance. On the question whether the power available to the State to issue a notification under Section 14A to exempt a game, clothe it with a power to notify a game which is a game of mere skill under Section 14, it is held that once a game comes within the purview of Section 14, any notification under Section 14A exempting it further as a game involving skill predominantly is only a superfluous, and even without such a notification, the game stands exempted. The question whether a prayer for a writ of certiorari to quash Ext.P6 notification is maintainable does not really arise for consideration, since one of the writ petitions already had a prayer seeking declaration and the other writ petitions have been amended including a prayer for declaration. On the question whether the petitioners are entitled to a declaration that Ext.P6 notification is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India, it is held in the affirmative. Ext.P6 notification is declared as arbitrary, illegal and violative of the fundamental rights guaranteed to the petitioners under Articles 14 and 19(1)(g) of the Constitution of India and hence not enforceable - petition allowed.
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