Poker Is a Game of Chance Says Bombay High Court

Tue / April / 2018

 

The latest Poker News Daily – A divisions bench of the Bombay High Court that the game of poker is dependent particularly on the chance you get. The division bench consisted of RM Sawant and Sarang Kotwal who also notified poker as the game of skill. The reason that the judges say so is that the players get cards according to chance. The player with better cards wins the game.

THE DETAILS OF THE RULE:

The bench was noted saying –

“We have perused the description of the game; we find that it is not a game of skill but of pure chance. Prima facie we find that a case under the gambling act has been made out.”

AN EXAMPLE OF THE CASE:

The Maharashtra Prevention of Gambling act filed against The Spartan Poker Head of operations – Nasir Patel by the Gurgaon police; this was refused to quash by the Bombay HC. Patel was arrested for playing Poker in his apartment. The copy of the petition that served by Patel’s Lawyers on the public prosecutor was not a legible one. This was the ground that made Bombay High Court stay filing of Charge sheet against The Spartan Poker Head.

WHAT PATEL HAS TO SAY?

Patel had made threefold argument seeking the quashing of FIR that identifies him as an accused. The three points that were raised by Patel are noted below:

The game was played on a private premise with friends, without money or stakes.
The second point is – poker games played inside personal premises do not need any permission or license.
The third is that poker is a game of skill and exempted from the criteria of gambling by Maharashtra Prevention of Gambling Act.
RECOGNITION OF POKER:
The lawyer of Patel, Ram Mani Upadhyay also submitted that game of poker is already recognized by High Courts of Karnataka and Calcutta. On the other hand, the public prosecutor chose to rely on the single judge of Gujrat High Court who ruled Poker to be a game of chance that falls under the category of Bombay Prevention of Gambling Act.

THE RESULT:
The exact ruling and copy of the order is yet to be published. But, this could be considered as a major setback for the poker industry in India since it comes a month after the judgement of Gujrat High Court. This is still in appeal before the division bench of the same court.

 

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