Future Gaming And Hotel Services PVT. LTD. vs. The State Of Kerala
Held
The Court held that the State of Kerala does not have the authority to make rules to regulate or control lotteries of other states, especially when Central Government rules occupy the field. The impugned amended rules were declared ultra vires and unenforceable.
Facts
The petitioner, a company marketing Nagaland State lotteries in Kerala, challenged amendments to the Kerala Paper Lotteries (Regulation) Rules, 2005. These amendments aimed to regulate lotteries organized by other states within Kerala.
Key Issues
The primary issue was whether the State of Kerala had the power under Section 12 of the Lotteries (Regulation) Act, 1998, to frame rules governing lotteries organized by other states.
Sections Cited
Section 12, Section 4, Section 10
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C).No.34025 OF 2019(C) PETITIONER/S: FUTURE GAMING AND HOTEL SERVICES PVT. LTD. (FORMERLY FUTURE GAMING SOLUTIONS INDIA PVT. LTD.), HAVING ITS REGISTERED OFFICE AT DOOR NO.54, G. N. MILLS POST, METTUPALAYAM ROAD, COIMBATORE - 641 029 AND PLACE OF BUSINESS AT DOOR NO.15/651, KUNNATHUR MEDU, PALAKKAD - 678 013, THROUGH ITS DIRECTOR, SHRI.G.NATARAJAN. BY ADVS. SRI.A.KUMAR SMT.G.MINI(1748) SRI.P.J.ANILKUMAR SRI.P.S.SREE PRASAD SRI.JOB ABRAHAM SRI.NEERARJ KAUL SR., RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. 2 THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA TAXES (H) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. WP(C).No.34025 OF 2019(C) 3 THE STATE OF NAGALAND, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA - 797001. 4 THE ADDITIONAL CHIEF SECRETARY AND FINANCE COMMISSIONER, GOVERNMENT OF NAGALAND, KOHIMA - 797001. 5 THE DIRECTOR, NAGALAND STATE LOTTERIES, GOVERNMENT OF
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