J. K. BHARATI versus STATE OF MAHARASHTRA AND ORS .

J. K. BHARATI versus STATE OF MAHARASHTRA AND ORS .

The exemption under Section 32(c) of the Bombay Lotteries (Control and Tax) and Prize Competition (Tax) Act, 1958 for lotteries specially authorised by the State Government does not violate Article 14, as the State's regulatory power justifies the limitation, and there is no hostile discrimination involved in not...

Source-derived case information.

Parties
Petitioner: J.K. Bharti; Respondent: State of Maharashtra; Other Party: Indian Red Cross Society, Dadra and Nagar Haveli branch
Jurisdiction
India
Judgment Date
23 July 1984
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions dismissed with costs.
Legal Topics
Lotteries Regulation, Discrimination Under Article 14, State Legislative Competence
Constitutional Law Administrative Law Lotteries Regulation Discrimination Under Article 14 State Legislative Competence

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Parties

J.K. Bharti

Petitioner

State of Maharashtra

Respondent

Indian Red Cross Society, Dadra and Nagar Haveli branch

Other Party

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the ban on sale within Maharashtra of tickets of lotteries authorised but not organised by governments of other states is competent
  2. 2 Whether exemption in the Bombay Lotteries Act only for lotteries authorised by Maharashtra is discriminatory under Article 14

Ratio Decidendi

The exemption under Section 32(c) of the Bombay Lotteries (Control and Tax) and Prize Competition (Tax) Act, 1958 for lotteries specially authorised by the State Government does not violate Article 14, as the State's regulatory power justifies the limitation, and there is no hostile discrimination involved in not extending the exemption to lotteries authorised by other State governments but not organised by them.

Court Disposition

Petitions dismissed with costs.

Orders

  • Petitions are dismissed with costs.