1984 (7) TMI 407

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....itale, Vimal Dave, randhir Singh, O. Swamy and Vineet Kumar, Advs For the Respondents: N.H. Gurusahani and M.N. Shroff, Advs. JUDGMENT O. Chinnappa Reddy, J. 1. This order is virtually a postscript to our judgment in H. Anraj and Ors. v. State of Maharashtra What was in question in H. Anraj and Ors. v. State of Maharashtra was the ban imposed by the Government of Maharashtra on the sal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....II and was reserved to be dealt with by Parliament under Entry 40 of List I of Schedule VII. Even so, we held, Article 298 of the Constitution left the Government of a State free to carry on any trade or business in respect of which it may not have the power to make laws, but that the power to carry on such trade or business shall be subject to legislation by Parliament. Therefore, we said, in the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a or the Government of a State. 2. The Bombay Lotteries (Control and Tax) and Prize Competition (Tax) Act, 1958 is an Act to control and tax lotteries and prize competition in the State of Maharashtra. Section 3 of the Act declares : "Save as provided by the Act, all lotteries are unlawful." The Act contains detailed provisions for the licencing, regulation and control of lotteries within State....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed by the Government of Maharashtra, the Government of Maharashtra may retain to itself all necessary powers for the regulation and control and the prevention of misuse of funds and exploitation of guileless members of the public In the case of lotteries authorised by the Governments of other States it may be difficult and even impossible for the Government of Maharashtra to take adequate regulato....