PIL has been dismissed by Rajasthan High Court file against Dream11

The Bench of Chief Justice Indrajit Mahanty and Justice Mahendar Kumar Goyal on 16th October dismissed the writ petition filed in the nature of public interest litigation against the online game “Dream 11 fantasy Private Limited” alleging that it is is a game of chance which involves illegal act betting and gambling.

The petitioner referred to Section 65-B(15) of the Finance Act, 1994 for definition of “betting or gambling”, Section 2(13) of the CGST Act for definition of “consideration” and rule 31-A of the Central Goods and Service Tax Rules, 2018 (for short ‘the CGST Rules’).

The bench further observed that “Since the result of fantasy game depends on skill of participant and not sheer chance, and winning or losing of virtual team created by the participant is also independent of outcome of the game or event in the real world, we hold that the format of online fantasy game offered by respondent No.5 is a game of mere skill and their business has protection under Article 19(1)(g) of the Constitution of India, as repeatedly held by various Courts and affirmed by the Hon’ble Supreme Court.”

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