...submission. The law, as it stands today (although it is possible that this Court in future may take a different view), recognises lottery to be gambling. Gambling is res extra commercium as has been...holding of lottery being gambling comes within the purview of the doctrine of res extra commercium.19. Organising lottery by the State is tolerated being an economic....23. The doctrine of res extra commercium was invoked in the United States of America where keeping in view the nature of right conferred on its citizens and the concept of imposition of reasonab...

..., learned Additional Solicitor General of India is that the lotteries, whether organised by the State or otherwise partake the vice of betting and gambling and is thus res extra commercium. Lotteries are inherently...lotteries are a distinct class, and is run under the authority of law hence could neither be pernicious nor res extra commercium.64. For this, we revert to scrutinise as to what made lotteries ...it takes on the cloak of State lotteries? Whether such cloak dissolves its character as res extra commercium? In any case, even if it is legalised, would it qualify to be or can it be held to be a...

...which could be regarded as lawful trading activities, that gambling is not trade but res extra commercium, and that it does not fall within the purview of those Articles. Following that decision, we must hold that ...restrictions as regards competitions which are in the nature of gambling, they could not be supported as regards competitions wherein success depended to a substantial extent on skill, and that as the...substantial degree on skill and are essentially gambling in their character; that gambling activities are not trade or business within the meaning of that expression in Article 19(1)(g), and that accordingly...

...considering the said issue, reliance was placed by this Court on R.M.D. Chamarbaugwala (supra), to hold that gambling activities are in their very nature and essence, res extra commercium. That, even if...to be gambling, which is res extra commercium. In paragraph 17, following has been laid down:—“17. We fail to persuade ourselves to agree with the aforementioned submission. The ...is res extra commercium as has been held by this Court in State of Bombay v. R.M.D. Chamarbaugwala [AIR 1957 SC 699] and B.R. ...

...Constitution. As stated by us earlier in this Judgment, a lottery is a gambling activity. On the basis of the ratio of this judgment of the Supreme Court, a lottery is res extra-commercium and cannot...the contract is merely a part of the activity of the organising or conducting of a lottery.24. Mr. Parikh contended that the principle that gambling is res extra commercium was laid down by the Supre...difference. The Supreme Court has held gambling to be res extra-commercium, not because it goes to swell the riches of a private individual, but because of the consideration, as pointed out by it In its...

...recognises lottery to be gambling, which is res extra commercium. In paragraph 17, following has been laid down:—“17. We fail to persuade ourselves to agree with the aforemention...is res extra commercium as has been held by this Court in State of Bombay v. R.M.D. Chamarbaugwala [AIR 1957 SC 699] and B.R. ...filed by the writ petitioner under Article 32 is not maintainable. It is submitted that lottery is “res extra commercium” and no right under Article 19(1)(g) and Article 301 can be claimed by the...

...does not have similar protection. Gambling is res extra commercium. The observations about one domicile or one citizenship in these judgments have to be construed in this context...not change its character as res extra commercium. It is held that in “trade” and “commerce” there is no element or ingredient of chance. This element of chance makes the lottery gambling. In the trade...19(1)(g) confers only a qualified, not absolute right. A citizen has no fundamental right to trade or business in liquor as a beverage. Activities which are res extra commercium cannot be carried on...

...in other States. It is further contended that the business of lotteries would be a form of gambling and amount to res extra commercium and, therefore, the State of Meghalaya cannot claim any legal...‘lottery’ was a form of gambling and merely because a lottery is run by the State itself, it would not change its character as res extra commercium. However, it was observed that sale of lottery tickets by...

...Section 11 of the Act and till its end, it is the game of pure chance that was prohibited. 21. In such context, these petitioners refer to the doctrine of res extra commercium as understood ...activities, that gambling is not trade but res extra commercium and that it does not fall within the purview of those Articles.” Paragraph 5 of the report is of some relevance...power to regulate includes the power to prohibit. The other judgment is founded on the doctrine of res extra commercium as judicially interpreted in this country...

...holds that such activities are not res extra commercium. In fact, nowhere in the judgment does the Apex Court hold that playing a game “predominantly of skill” played with money or money's worth or for stakes amount to ‘gam...activities from the scope of Article 19(1)(g) and thereby, depriving them of Constitutional protection. It was held that the doctrine of res extra commercium can be applied having regard to the obnoxious nature of trade. ...words, merely because lottery is run by State, it will not change its character from being res extra commercium. Entry 62 of List II of the Seventh Schedule refers to taxes on betting and gambling which...

...in markets which are res commercium. The lottery business being gambling and falling within the purview of the doctrine of res extra commercium and not qualifying in the normal parlance of trade a...doctrine of res extra commercium and, therefore, rendering of service of distribution or acting as agent of the organizing state does not fall under the ambit of the scope of service as provided under...a trade in any case, would not qualify to be ‘trade and commerce’ as used in article 301.Further, the Hon'ble Supreme Court was of the opinion that no gambling could be commercium and...

...Chamarbaugwala (Supra), followed by the decision in B.R Enterprisess case, lottery by its very nature is nothing but gambling and it is res extra commercium and does not enjoy protection of....”32. It is therefore clear from the aforesaid observations of the Apex Court that lottery is nothing but gambling and it is res extra commercium and does not have the protection of...Court held that this case relates to lottery which is gambling in nature. This Court held that merely because a lottery transaction is run by the State itself will not change its character as res extra commercium a...

...doctrine of res extra commercium. The Competition Act, it was opined, was applicable to legitimate trade and goods, and was promulgated to ensure competition in markets that are res commercium. Thus..., lottery activity being in the nature of res extra commercium could not be covered by the Competition Act and consequently the CCI did not have jurisdiction to entertain the complaint of respondent No...Article 19(1)(g) of the Constitution of India while the present case really dealt with the interplay of the Competition Act and the Regulation Act. In such a scenario the doctrine of res extra commercium...

...that the activity of the petitioners was res extra commercium and was connected only with gambling and no other.44. Sri Pai has, however, urged that the two Acts, the bill that became...gambling. Gambling activities from their very nature and in essence are extra commercium although the external forms, formalities and instruments of trade may be employed and they are not protected either...have urged that the activity carried on by the petitioners was nothing but betting or gambling and was not a lawful trade or business guaranteed by Article 19(1)(g) of the...

...those activities which can be regarded as lawful trading activities and that gambling is not a trade but res extra commercium. It was held that the enactment by which the control and regulation of the...was formed by including areas which were under the erstwhile Governments of Travancore, Cochin and Malabar Presidency, was governed with respect to Gambling, by the Travancore Public Gambling Act, III...of 1071ME (corresponding to 1896), The Cochin Public Gambling Act, IV of 1082 ME (corresponding to 1907) and the Madras Gaming Act, 1930 (III of 1930). After the formation of the State of Kerala, the...

...regarded as lawful trade activity and does not amount to an activity which is 'res extra commercium'. The concept of trade or business cannot include activities which are inherently pernicious such as trafficking in women, gambling or...

...activities which could be regarded as lawful trading activities, that gambling is not trade but res extra commercium, and that it does not fall within the purview of those articles...) and Art.301 are only those activities which could be regarded as lawful trading activities, that gambling is not trade but res extra commercium, and that it does not fall within the purview of those Articles. Fol...such restriction in the interest of general public. Thus the activities which are dealing in articles or goods which are res extra commercium, could not have been intended to be permitted in the first...

...held that the law as on today recognizes the lottery to be gambling. The holding that lottery is essentially gambling makes it an act of “res extra commercium. Organizing a lottery by the State is...Constitution, since the business of lottery is essentially res extra commercium. This is a regulated commodity and, therefore, there is no freedom given in marketing or purchase of lotteries and it...of the consumers and freedom to trade, which is res extra commercium. E. State, in exercise of its executive powers, has made laws imposing reasonable restrictions...

...the fundamental rights involved. It may be mentioned that lottery and gambling have been held by this Hon'ble Court to be res extra commercium and not entitled to the benefit of Article 19. A law...sought to be undertaken by the petitioners before a Bench of 9 Hon'ble Judges is entirely impermissible as the issue of validity of Article 31-B is no longer res integra in view of Kesavananda...of the Thirty-fourth Amendment Act in the Ninth Schedule is no longer res integra and is concluded by the decision in Maity case.102. It is further submitted that the...

..., does it lose its character as such when it takes on the cloak of State lotteries and whether it sheds its character as res extra commercium. The Hon'ble Apex Court considered the whole gamut of sale of lottery tick...its business is res extra...upon an admission made before the Court that lottery comes within the expression "betting and gambling" as applied in Entry 34 10...