Online Poker - Update on the Gaussian Network Case
In Gaussian Network Pvt Ltd v. Monica Lakhanpal1, a District Court in New Delhi had in 2012 opined that virtual gaming portals would come within the purview of the definition of “Common Gaming House”, as they housed instruments of gaming and are only an alternative to brick and mortar casinos, and are thus prohibited. Additionally, the court also opined that even players of such online portals would be liable to penal consequences, without going into the merits of the argument.
However, this judgment is only binding on the parties to the matter as the petitioners had filed a petition under Order 36 Rule 1 of the Code of Civil Procedure (“CPC”). This matter is currently pending before the Delhi High Court2 by way of a revision petition and was heard by the court on January 21, 2016. The proceedings before the Delhi High Court were as follows:
The developments in this case, especially the line of arguments advanced by Respondent 2 would be interesting to follow. We will keep you posted as and when there are more updates.
– Mithun Verghis, Ranjana Adhikari & Gowree Gokhale
You can direct your queries or comments to the authors
1 Suit No 32 of 2012
2 CRP 119 of 2012
3 AIR 1996 SC 1153
4 AIR 1962 SC 159