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๐ŸŽฎ๐ŸŸ๏ธ Do you think Dream 11 and other similar apps are game of skill and not game of chance? #Question @CurrentLegalGK
๐Ÿง  Answered: Game of Skill or Chance, Wagering Contracts

โœ… How to Distinguish between both---

K. R. Lakshmanan v/s State of Tamil Nadu, 1966 [Landmark]

1. a game of chance whether played with stakes is gambling;
2. a game of skill whether played with stakes or without stakes is not gambling;
3. a game of mixed chance and skill is gambling, if it is substantially and preponderantly a game of chance and not of skill;
4. a game of mixed chance and skill is not gambling, if it is substantially and preponderantly a game of skill and not of chance.



โœ… While citing the Apex Court's ruling in the case of State of Bombay Vs. R.M.D. Chamarbaugwala & Anr., AIR 1957 SC 699, wherein it was held that the games of skill are distinguishable from gambling and enjoy protection under Article 19(1) (g) of the Constitution of India, the HC said that competitions which involve substantial skill are not gambling activities and such competitions are business activities entitled to protection guaranteed by Article 19(1) (g) of the Constitution of India.

โœ… Varun Gumber Vs. Union Territory of Chandigarh, 2017 , vide judgment dated 18.04.2017 and the order dated 15.09.2017 passed by the Honโ€™ble Supreme Court dismissing the Special Leave Petition against the aforesaid judgment have come to hold that the fantasy games of Dream 11 are games of mere skill and their business has protection under
Article 19(1)(g) of the Constitution of India.

Avinash Mehrotra v. The State Of Rajasthan, 2021

"This matter is no longer res integra as Special Leave Petitions have come up from the Punjab & Haryana High Court and have been dismissed by this Court as early as on 15.06.2017. Also, from the Bombay High Court, Special Leave Petitions have been dismissed on 04.10.2019 and 13.12.2019.", the bench said while dismissing the SLP.


๐ŸŒŸ๐ŸŒŸ๐ŸŒŸ In a nutshell supreme court rejected the SLP filed against judgment passed by Punjab HC bombay HC and Rjasthan HC by declaring Dream 11 as game of Skill and not chance in 2017, 2019 and 2021 respectively.

๐Ÿง  Relevance/Use- Wagering Contract, Article 19 (1) (g) and gaming rules, GST was in news as well.


Now How Dream 11 is More a Game of Skill rather than game of chance can be ascertained by reading the 3 HC judgments (reasoning) in detail, ex facie Dream 11 looks game of chance in general.



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