TaxTMI 
TaxTMI 
2011 (11) TMI 873
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.... or without stakes whatever and also from harassing the members, the guests or the members of the Management of the Petitioner-Association in any manner. The Petitioner-Association is a registered association registered under the Societies Act 1960. It was formed in the year 1981. It is currently registered as a society. The Petitioner-Association is formed with the following objectives: a. To bring willing members into contact with one another with a view to establish relations of friendship and goodwill towards one another so that they can have exchange of thoughts and views; b. To establish a Library consisting of useful books for the use of the members; c. To organize picnics, travels, etc.; d. To enc....
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.... Rummy with stakes, which do not amount to gambling. This association is functioning from the year 1981 till date without any complaints. 3. While so, on 10.8.2011 the 4th Respondent raided the Association premises charging that the Petitioner's premises was used for gambling and members were found playing Rummy. Consequently, fourth Respondent registered a FIR in Crime No. 1053/2011 dated 10.8.2011 against the Petitioner-Association alleging commission of offences under the provisions of Tamil Nadu Gaming Act, 1930. Even in the year 2002, the Respondents interfered with the activities of the Association making similar allegations, which necessitated the Petitioner to file a Writ Petition in W.P. No. 30315 of 2002. This Court passed ....
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....ng was seized from the cashier. It was found that there were 12 tables and in 8 tables 5 persons were playing cards using the tokens issued in lieu of cash for monetary gain. Hence, all the 56 persons who were gambling were secured along with two others of the Petitioner-Association. It was also gathered that they had involved in similar offences earlier in the year 2006 and 2007. Besides that, 56 persons secured were also not the members of the Petitioner-Association and their names were not found in the members list. The Secretary and the Treasurer of the Petitioner-Association also know about these unlawful activities, which is nothing but gambling activity going on in the Petitioner-Association permitted for monetary gain in an unlawful....
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....re, action has been taken by registering a case against those 56 persons and others. Thus, it is the specific case of the Respondent police that Petitioner-Association is not propagating any sport or cultural activities as contended, but was letting out the club for playing cards for stakes for monetary gain. Hence, according to the Respondent-Police it is nothing but a gambling being permitted in the Petitioner's premises for monetary gain in an unlawful manner and they do not deserve any sympathy at all. Further she adds that the Respondent-Police can never be restrained from doing their duty when any unlawful act is committed. Therefore, she prayed for dismissal of the Writ Petition. But it is the case of the Petitioner-Association t....
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.... chance. Rummy on the other hand, requires certain amount of skill because the fall of the card has to be memorized and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. In fact in all games in which cards are shuffled and dealt out there is an element of chance because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone, it cannot be said that Rummy is a game of chance and there is no skil....
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....etc., which are impermissible. He also submits that his submission could be recorded as the Petitioner-Association is very particular in acting within the framework of law. Therefore, his submission that the Petitioner's-Association is conducting only legal and permissible activities and in so far as playing of cards is concerned their members and guests play only Rummy with stakes. This submission is recorded. 11. In the light of the aforesaid, this Writ Petition is disposed of in the following terms: a. The Petitioner-Association shall not indulge in any illegal activity other than playing Rummy (13 cards) with stakes by its members and guests; b. If there is any evidence of gambling in some other way, the Respond....