TMI Blog2020 (2) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate for respondents No.1 2. Mr. Arvind Lakhawat, Mr. Prateek Kasliwal, Ms. Gauri Jasana, Mr. Prakhar Sharma, Ms. Arani Mukherjee for respondents No.3 4. Judgment By the Court: (Per Hon ble Gaur, J.) The present Public Interest Litigation (PIL) petition has been filed by the petitioner claiming himself to be a resident of Ajmer City, involved in the business of imparting education by way of coaching to the youth of Ajmer City. 2. The grievance raised in the present petition is in respect of the online game known as Dream 11 and the said online game is alleged to be betting of cricket team and amounting to gambling. The petitioner has submitted that public in general are cheated in the name of Dream 11 game and pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Public Gambling Ordinance, 1949 and further as per the duties assigned under the Public Gambling Act, 1867. 5. The respondents have also pleaded that the Punjab and Haryana High Court in the case of Varun Gumber Vs. Union Territory of Chandigarh and Ors. reported in 2017 Cri.L.J. 3827 has considered the similar issue with respect to the game Dream 11 and it has been found that Dream 11 game does not involve any commission of offence of gambling and betting and accordingly, the writ petition was dismissed vide order dated 18.04.2017. The respondents have also pleaded that the order of Punjab and Haryana High Court was challenged before the Hon ble Supreme Court in Special Leave Petition No.27511/2017 and the Hon ble Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etting. 9. Mr.Sunil Kumar Singh, learned counsel for the petitioner submitted that this Court is required to declare the Dream 11 game to be involved in gambling and betting and playing such game is a mere chance and not the skill. Counsel further submitted that the State authorities have miserably failed to discharge their statutory obligation of preventing such game which is played by the innocent people and they indulge themselves in gambling and betting. 10. This Court finds that the issue of considering the nature of game played as Dream 11 has been examined by the Punjab and Haryana High Court in the case of Varun Gumber (supra) and the writ petition was dismissed vide order dated 18.04.2017. The extract of the order dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted a virtual team of a Cricket Match between two countries as indicated in the website by choosing 11 players out of total player, who were to play for two countries collectively and after forming a virtual team of 11 players as per his own selection, knowledge and judgment, which is thoughtful Will, he joined various leagues for the leagues selected by him and after registration which was declared before participating, was not about possibility of winning or losing like horse riding not every better is winner. The respondent company' s website and success in Dream 11's fantasy sports basically arises out of users exercise, superior knowledge, judgment and attention. I am of the further view that the element of skill and predo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Bench of the Bombay High Court in the case of Gurdeep Singh Sachar (supra) has again considered whether the activity of playing Dream 11 game amounts to gambling/betting and dismissed the petition vide order dated 30.04.2019. The relevant portion of the order dated 30.04.2019 is reproduced hereunder:- 8. XX XX XX It is evident that the expressions 'betting' or 'gambling' were used interchangeably in Section 65B(15) of the Finance Act, 1994. Again the test applicable was whether it was a game of chance or game of skill. Only if the result of the game/contest is determined merely by chance or accident, any money put on stake with consciousness of risk and hope to gain, would be 'gambling' or 'betting'. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the definition contained in Finance Act, 1994 is taken into consideration. 9. to 16. XX XX XX 17. The authorities have therefore not taken any coercive steps against the respondent No.3, and rightly so. No case for issuing any directions is made out. It is seen that the entire case of the Petitioner is wholly untenable, misconceived and without any merit. It can be seen that success in Dream 11's fantasy sports depends upon user's exercise of skill based on superior knowledge, judgment and attention, and the result thereof is not dependent on the winning or losing of a particular team in the real world game on any particular day. It is undoubtedly a game of skill and not a game of chance. The attempt to reopen the issues decid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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