Others

7 POST
LegalKart - Download the app for consumer App

Download LegalKart

  • Trusted
  • Affordable
  • Secure
Download Now!
Real Money Gaming in India Explained
Others

Real Money Gaming in India Explained

Real Money Gaming is any wagering activity in any format, including pari-mutuel wagering in any format, skill-based games, or any other wagering activity conducted over any medium (including ground/offline, smartphone, or online world), that gives a player participating in such wagering activity the chance to win payment in the manner of money or any other form. Real-Money Gaming (RMG) is a business structure where users play games for real money with the hope of winning more than they initially invested. The game operator generates income by charging users a network fee and a flat commission based on how much they bet in each game. This approach is successful because it does not rely on in-game marketing for revenue, which is more cyclical in character and loses value with time in other games.

Everyone is placing large bets on this gaming niche as the gaming industry grows, including gaming corporations, advertising, A&M agencies, and industry analysts. According to Shivanandan Pare, Executive Director & CEO of Gaussian Networks, skill-based games like "Poker" are becoming more popular because they have a decent chance of generating some revenue. It does really form a part of a larger ecosystem. He says, "Globally, gaming has already surpassed the combined size of the film and music industries. I believe that if the age of streaming sites was 2010–2020, then the age of gaming would be 2020–2030. 

 

ISSUES

Although it appears positive to the general public, the industry faces numerous difficulties. The most frequent one is the conflict over the label of "gambling." RMG is sometimes confused with "Gambling," which has the stigma of being the most heinous of all the socially pervasive vices. Although the "game of skill" defence is the industry's well-known fact and legal defence, it is not just a front that the business is trying to utilise to provide the appearance of legitimacy. Using one's talent is similar to using one's intellect and aptitude, whether it be at job, in a sport, or just in daily life, to advance and experience success. So why should it not be a respectable activity, and why should the reputation of gambling hound this company or the player if they can put their cash where their mouth is? In contrast to the internet gaming industry, horse racing betting is largely recognised as a skill-based activity and rarely attracts negative attention. However, the basic idea is the same. 

While talent, drive, and tenacity are all important factors that influence a player's performance, we must admit that the one vice (that most of us fall prey to in some form or another in life) offers an immediate threat to the player is greed. The "addiction/habit building" and risks mentioned in the ASCI mandatory disclaimers refer to this, as a player who begins chasing losses may end up harming both the ecology and himself.

 

SAFETY

Data demonstrates the contrary, despite the fact that this is a well-known aspect of the business—every organisation has one—and the prevalent theme used to denigrate the sector. On the majority of these operators, 98% of the teams play "for entertainment" and "within their means," while the remaining 2% will continue to be difficult to deal with. Since the survival of this company depends on both the provider and the player exercising restraint, the industry is aware of and prioritises player safety. Bear this in view, the majority of the major operators have made significant advancements toward "responsible gambling." To make things simple, the provider monitors the player's activities and establishes daily and monthly financial restrictions.

When it comes to "trust" and "bots," RMG operators go above and beyond to protect the user by using "Random Number Generation" (RNG) algorithms that have been independently audited by a third party as a standard tool for ensuring procedural fairness of cards. They also have highly sophisticated machine learning-based "anti-fraud" engines that guarantee high game dignity and player safety from intra-player colluding. All participants have their KYC validated, and the sector is transitioning to "video KYC," which will confirm the end user's identity and age. 

Online gambling for real money is a well-regulated sector on a global scale. Regulations are in place in several nations, such as England, States, and Europe, to make sure that gamers engage in this sort of entertainment appropriately. India may become a global player in this business and improve player protection by enforcing strong regulations and receiving backing from the national government.

 

After the PMO rejected a proposal to exclusively oversee games of skill and exclude games of chance, India's proposed regulation of internet gambling would cover all real-money games. The planned restrictions are expected to influence the direction of India's gaming industry. In an August report, the government group proposed that new regulations must be inclusive of some "de-addiction measures" like deposit and withdrawal limitations and regular warnings and cautions.

Delhi HC Judgement: Imported Food Articles Cannot Be Cleared For Home Consumption Without FSSAI Inspection
Others

Delhi HC Judgement: Imported Food Articles Cannot Be Cleared For Home Consumption Without FSSAI Inspection

The Delhi High Court held that an importer of food articles cannot contend that the goods be cleared for home consumption even before they have been duly inspected by the authorities of FSSAI.

 

The petitioner’s grievance was essentially that while FSSAI proceeded to inspect and examine the imported articles, importers were forced to store the same in the custodian warehouse at the airport which resulted in huge liabilities towards demurrage being levied. Petitioner requested that importers must be recognised to have the right as well as the choice to move the goods to a public warehouse pending clearance by FSSAI.

 

The Court explained the role of the FSSAI and noted that, "that imported articles of food are statutorily subject to inspection and analysis under the provisions of the Act read with the Import Regulations which have been noticed above. An importer of food articles thus cannot contend that the goods be cleared for home consumption even before they have been duly inspected by the authorities of FSSAI and a conforming report having been submitted before the authorised officer.

 

The Court disposed of the writ petition and ordered that the authorities of FSSAI would inspect imported articles of food and draw samples for analysis thereof irrespective of whether the imported articles of food are stored in a custodian warehouse or a public warehouse.

 

Download the Hon'ble Delhi High Court judgement for your reference:

Pro Bono Legal Service - Know About Free Legal Services
Others

Pro Bono Legal Service - Know About Free Legal Services

About Pro Bono Legal Service

'Pro bono legal service implies free legal service by lawyers. In a country like India that is overwhelmed by poor and underprivileged undertrials, pro bono legal services can immensely contribute to the fast disposal of cases and reduce the burden of pendency from the judiciary.

The expression ‘pro bono’ is derived from the Latin expression pro bono public which means ‘for the public good’. The pro bono services' beneficiaries need not pay their lawyers professional fees.. Article 39A of the Constitution directs the State to provide free legal services to the weaker sections of society to facilitate justice based on equal opportunities. Additionally, Goal 16 of the United Nations Sustainable Development Goals underlines the obligation of the Member States to ensure equal opportunities of justice to all without discrimination. The concept of pro bono legal consultation was formally given a statutory shape under the Legal Sevices Authority Act, 1987, and the wings of the Legal Services Authority were set up with a three-tier system i.e the National Legal Services Authority (NALSA) in New Delhi along with State and District Legal Services Authority in each state and districts respectively. The Chief Justice of India is the ex-officio patron-in-chief of NALSA while the second seniormost judge serves as its ex-officio executive chairman.

Also, read The Unique Identity Of A Company Director As Per The Company Law

Objectives of the Pro Bono Legal Services

The motto of this program is to promote the pro bono culture of legal consultation and it seeks to develop the institutional structure for the same. The program serves dual objectives, firstly, it seeks to address the legal needs of the underprivileged and deprived section of the society, and secondly, it duly acknowledges and recognizes the lawyers who volunteer for this program and invest their time and effort. This initiative aims to expand the accessibility of justice to the last man standing in the queue. This initiative provides a platform for the lawyers to demonstrate their social awareness abilities, enhance their network, promote professional development, and ensure publicity for the volunteer lawyers.

The major objectives include:

  1. Encouraging lawyers and legal professionals to render pro bono legal services for society.
  2. Recognizing and appreciating pro bono legal work by lawyers and legal professionals.
  3. Creation of a database to maintain a bank of lawyers and legal professionals for appropriate positions in the relevant field.

Additionally, the Department has launched a Pro Bono Club Scheme, to strengthen the pro bono scheme, by including law schools and students under its domain. This initiative aims to enhance the quality of pro bono legal services by assisting pro bono advocates by selected law students. The selected law students, known as ‘Pro Bono Associates’ become a part of the Pro Bono Club and the Legal Aid Society of their law school.

You may also read What are the legal compliances required for a Start-up?

Eligibility to apply for legal help                                  

The government has specifically launched a Nyaya Bandhu Application and this Application serves as a connecting link between the needy and the experts, i.e the Applicants and the Advocates. Any person intending to benefit from the Nyaya Bandhu initiative must be covered under Section 12 of the NALSA Act, 1987. It lays down the eligibility criteria for availing of the benefits of this scheme. Marginalised sections of the society can also avail of free legal aid.

Registration for the Applicants

Any applicant aspiring to become a beneficiary of this scheme and get free legal advice can register themselves on the UMANG portal, Nyaya Bandhu App, or the Nyaya Bandhu web portal. The Applicants need to complete their profile and add the relevant details of their case on the portal. Once the details of the case are uploaded, any advocate from the database is randomly allotted that case, subject to the satisfaction of two parameters, first, the area of practice of the advocate and the jurisdiction in which the case is pending or is to be heard.

Thereafter, the Applicant is, either navigated to ‘Assign Advocate’ page with a list of advocates shortlisted as per the case details, or sometimes, the Applicant is directly notified that an advocate will be assigned to the case by the Department itself. When an advocate accepts a case, that case shifts to ‘Ongoing Cases’. It also facilitates the exchange of information between the Applicant and the Advocate. Lastly, the Advocate can mark the case as closed if he is satisfied with the court's final judgment.

Eligibility for lawyers and legal professionals to register for the service

The lawyers and advocates intending to provide pro bono services must be enrolled with any Bar Council of the country. He/She must be a practicing advocate. This scheme does not create any age limit for the advocates willing to contribute and enrich the pro bono culture in the legal practice. However, advocates aged 44-54 years are provided the opportunity to serve in different capacities for which they need to provide additional details.

The advocates must be registered with ‘Service Plus’, a government portal, and have a ‘Service Plus’ ID. The lawyers must log in through their ‘Service Plus’ ID, register themselves, and create their profile for pro bono services by furnishing the required details. The registered advocates are then included in the database and are notified of any requirement when requested by the registered Applicants.

Also read Tax Exemptions: Know About Incentives For Start-Ups

Download Legalkart app now

Get 5 mins of talk time Free !
LegalKart Apps

LegalKart- Your Legal Advisor App is for general users who need to avail services like consulting a Lawyer on phone, document drafting, getting property verified by lawyers.