Statutory protection for games of skill justified deleting a club condition that barred play with stakes.

A restrictive condition on play of games of skill in club premises could not stand where it conflicted with the statutory protection for pure games of skill. Section 176 of the Karnataka Police Act, 1963 was overlooked in framing the earlier direction, even though it excludes the restrictions in Sections 79 and 80 for pure games of skill and for wagering by participants in such games. The Court noted that rummy has been recognised as a game predominantly of skill, and held that retaining the words "without stakes" would invite inconsistency and misinterpretation. The review petition was allowed and those words were deleted from Condition No. 3(iv).

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Issues: Whether the review petition should be allowed to delete the words "without stakes" from the condition regulating play of games of skill in the club premises.

Analysis: Section 176 of the Karnataka Police Act, 1963, was overlooked when the earlier direction was framed. That provision declares that the restrictions in Sections 79 and 80 do not apply to the playing of any pure game of skill and to wagering by persons taking part in such game. The Court also noted that rummy has been judicially recognised as a game which is preponderantly one of skill. In that setting, continuing the phrase "without stakes" would make the earlier condition inconsistent with the statutory protection available to games of skill and would create scope for misinterpretation.

Conclusion: The review petition was allowed and the words "without stakes" were directed to be deleted from Condition No. 3(iv).

Ratio Decidendi: Where a statutory provision expressly saves pure games of skill and wagering by participants, a restrictive condition inconsistent with that saving clause may be corrected in review.

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