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1999 Supreme(SC) 617

K.VENKATASWAMI, A.P.MISRA
B. R. Enterprises: Gujarat Lottery Sellers Asson: State Of U. P. : State Of U. P. : Union Of India: State Of C. T. P. : Government Lotteries Agents And Seller Association (R) : N. C. T. Of Delhi: State Of U. P. : State Of U. P. : Union Of India: G – Appellant
Versus
State Of U. P. : State Of Gujarat: State Of Nagaland: State Of Mizoram: State Of Nagaland: Jyoti And Company: Union Of India: State Of Nagaland: Jyoti Agencies: State Of Nagaland: S. M. Agency: Nahata And Company: Lottery Dealers Asson: D. R. Rajasekar: K – Respondent


43. From the references from Dhara­shastra, opinions of distinguished au­thors, references in the Encyclopedia of Britannica and Boston Law Review and others, we find that each concludes, as we have observed, lottery remains in the realm of gambling. Even where it is state sponsored still it was looked down as an evil. Right from ancient time till the day all expressed concern to eliminate this, even where it was legalised for raising revenue either by the king or in the modern times by the State. Even this legitimisation was for the sole purpose of raising revenue, was also for a limited period, since this received condemnation even for this limited purpose. All this gives clear picture of the nature and character of lottery as perceived through the conscience of the people, as revealed through ancient scriptures, also by various courts of the countries. It is in this background now we proceed to examine, if lotteries are goods, could a contract for sale of such goods be conferred the status of trade and commerce as used in Chapter XIII of our Constitution.

44. Thus, now we proceed to examine what are lottery tickets? What ate the ingredients of a contract of sale of lottery ticke




































































































































































































































































































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