Supreme Court of India

M/s. B.R. Enterprises Etc. Etc. v. State of U.P. and Ors. Etc. Etc.

Neutral citation

Reported as [1999] 2 S.C.R. 1111

Bench K. Venkataswami and A.P. Misra JJ.

Decided 7 May 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

11 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reason, we have no hesitatiun to hold that sale of lottery tickets organised by the State could not be construed to be trade and commerce and even if it could be construed to be so, it cannot be raised to the status of 'trade and commerce' as understood at common parlance or 'trade and commerce' as used under Article.

Judgment, page 63

From the headnote

The Lotteries (Regulation) Act, 1998--Section 5-Lotteries-Ingredients of-State lotteries-Conduct of lotteries by States-Nature of-Held, State lotteries also fall within the ambit of gambling. Constitution of India-Articles 298, 301 and 303-Trade-Meaning of-Ccmduct of lotteries by States-Held, is not Trade-The Lotteries (Regulation) Act, 1998--Section 5. Constitution of India -Articles 14 and 303-Discrimination-Lotteries c of Bhutan Government allowed under a Treaty-Sale of Bhutan Lottery subject to laws in India-States given power to prohibit sale of lotteries of other States-Held, the

Authorities it was built on

1950 Chiranjit Lal Chowdhuri v. The Union of India and Others. cited by 50
1959 Hamdard Dawakhana (wakf) Lal Kuan, Delhi and Another v. Union of India and Others cited by 25
1959 Gherulal Parakh v. Mahadeodas Maiya and Others cited by 23
1960 Atiabari Tea Co., Ltd. v. The State of Assam and Others. (and Connected Petition and Appeals) cited by 20
1963 Jayantilal Amrit Lal Shodhan v. F.N. Rana and Others cited by 10
1989 A.N. Parasuraman Etc. v. State of Tamil Nadu cited by 5

Where later benches applied it

2024 Allahabad University Etc. v. Geetanjali Tiwari (pandey) & Ors. Etc. Etc. relied on
2024 Authorised Officer, Central Bank of India v. Shanmugavelu relied on
2022 State of Karnataka & Anr. Etc. v. State of Meghalaya & Anr. Etc. relied on
2020 Indore Development Authority v. Manoharlal & Ors. Etc. relied on
2015 Bhanushali Housing Cooperative Society Ltd. v. Mangilal & Ors. relied on
2011 Union of India & Ors v. M/s. Ind-swift Laboratories Ltd relied on
2025 Union of India & Others v. Future Gaming Solutions Pvt. Ltd. & Another Etc. referred to
2022 Competition Commission of India v. State of Mizoram & Ors. referred to
2022 The State of Maharashtra v. Shri Vile Parle Kelvani Mandal & Ors. referred to
2018 Indore Development Authority v. Shailendra (dead) through Lrs. & Ors. referred to
2013 Econ Antri Ltd. v. Rom Industries Ltd. & Anr. referred to

Of those, 6 relied on · 5 referred to

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