Case Note & Summary
The petitioner, Sri Siragalli Lakshmidevi Recreation Club (R), a society registered under the Karnataka Societies Registration Act, 1960, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that it is not required to obtain any permission or license under the Licensing and Controlling of Places of Public Amusement Order to play indoor games such as rummy, chess, carom, billiards/snooker, and other skill games for the benefit of its members. The petitioner also sought a mandamus directing the respondents, including the State of Karnataka and police authorities, not to insist on obtaining such a license. The court, after hearing the petitioner's counsel and the High Court Government Pleader, observed that rummy is a game of skill and not gambling. Relying on the settled legal position that games of skill are not covered under the Licensing and Controlling of Places of Public Amusement Order, the court held that the petitioner is not required to obtain any license under the said Order for playing rummy or other skill games. The court allowed the writ petition and directed the respondents not to interfere with the petitioner's activities of playing skill games in its premises.
Headnote
A) Gaming Laws - Game of Skill vs. Gambling - Rummy as Game of Skill - Rummy is a game of skill and not gambling, and therefore does not fall within the purview of the Licensing and Controlling of Places of Public Amusement Order - The court held that playing rummy in a club for members does not require a license under the Order (Paras 1-3).
Issue of Consideration
Whether a recreation club registered under the Karnataka Societies Registration Act, 1960 is required to obtain a license under the Licensing and Controlling of Places of Public Amusement Order to play indoor games like rummy, chess, carom, billiards/snooker, and other skill games.
Final Decision
The writ petition is allowed. The petitioner is declared not required to obtain any permission or license under the Licensing and Controlling of Places of Public Amusement Order to play indoor games such as rummy (card game), chess, carom, billiards/snooker, skilled games, and other indoor and outdoor games for the benefit of its members. The respondents are directed not to insist on the petitioner obtaining such license and not to interfere with the petitioner's activities of playing skill games in its premises.
Law Points
- Rummy is a game of skill
- not gambling
- Licensing and Controlling of Places of Public Amusement Order does not apply to games of skill
- Clubs playing skill games do not require license under the Order
Case Details
2022 LawText (KAR) (11) 18
Writ Petition No.22854/2022 (GM-RES)
Smt. Reshma K.T. for petitioner, Sri K.S. Arun, HCGP for respondents
State of Karnataka, Superintendent of Police, Mysore District, Deputy Superintendent of Police, Nanjangud, Circle Inspector of Police, Talakadu, Sub Inspector of Police, Talakadu
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Nature of Litigation
Writ petition seeking declaration and mandamus regarding requirement of license for playing skill games in a recreation club.
Remedy Sought
Declaration that petitioner is not required to obtain license under Licensing and Controlling of Places of Public Amusement Order for playing indoor games like rummy, chess, carom, billiards/snooker, and other skill games; mandamus directing respondents not to insist on license.
Filing Reason
Petitioner, a recreation club, was being insisted by police authorities to obtain a license under the Licensing and Controlling of Places of Public Amusement Order for playing rummy and other skill games.
Issues
Whether a recreation club playing games of skill like rummy requires a license under the Licensing and Controlling of Places of Public Amusement Order.
Submissions/Arguments
Petitioner argued that rummy is a game of skill and not gambling, and therefore no license is required under the Order.
Respondents did not file any detailed submissions; the HCGP appeared and the court considered the matter.
Ratio Decidendi
Rummy is a game of skill and not gambling, and therefore playing rummy in a club does not require a license under the Licensing and Controlling of Places of Public Amusement Order.
Judgment Excerpts
The petitioner in this writ petition is seeking direction to the respondents to declare that the petitioner is not required to obtain any permission or licence under the provisions of the Licensing and Controlling of Places of the Public Amusement Order to Play Indoor Games such as Rummy (Card Games), Chess, Carom, Billiards/Snooker, Skilled games and other indoor and outdoor games for the benefit of all its members.
Rummy is a game of skill and not gambling.
In the light of the above, the petitioner is not required to obtain any licence under the Licensing and Controlling of Places of Public Amusement Order.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It came up for preliminary hearing before the High Court of Karnataka at Bengaluru on 25th November 2022, and the court made the order allowing the petition.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Societies Registration Act, 1960:
