2014 (6) TMI 1023

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..... SUPREME COURT] has, after examining the provisions of the Gujarat Shops and Establishments Act , which are identical to the provisions of Bombay Shops and Establishments Act, 1948 come to the conclusion that private dispensary of doctor is not commercial establishment . The amendment incorporating medical practitioners within the definition of commercial establishment will have to be held ul .....

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..... cense under the Bombay Shops and Establishments Act, 1948 and criminal prosecution was launched against her for contravention of section 7(1) of the said Act. Learned Counsel appearing on behalf of petitioner has submitted that a medical practitioner cannot fall within the definition of commercial establishment since a doctor is providing services to the patients and the said activity the .....

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..... cial establishment. It is submitted that the judgment of the Apex Court therefore, applies to the facts of the present case. 3. We have heard the learned Counsel for the petitioner and the Counsel on behalf of the State. The Apex Court in Deoenira M. Surti, Dr. v. State of Gujarat (supra) has, after examining the provisions of the Gujarat Shops and Establishments Act , which are identica .....

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