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TMI Blog2014 (7) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... 1977, insofar as it includes medical practitioner within the definition of the expression "commercial establishment" under Section 2(4) of the Bombay Shops and Establishments Act, 1948 is unconstitutional. By the said amendment, a medical practitioner who is duly registered under the provisions of the Maharashtra Medical Council has been included in the definition of the said expression. It is submitted by the petitioner that prior to the amendment, medical practitioners were not included in the definition of the said expression. However, subsequently by the said amendment, all professionals have been included in the definition of the said expression. The petitioner, who is a doctor by profession, has invited our attention to the Judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken care of by referring to the settled position in law as laid down by the Apex Court and other High Courts and therefore the request for adjournment for filing an affidavit is declined. 6. In 1977 Section 2(4) of the Bombay Shops and Establishments Act, 1948 has been amended and the amended provision reads as under: "(4) "Commercial establishment" means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession (and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes) a society registered under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A similar issue had arisen before the Division Bench of this Court in the case of Narendra Keshrichand Fuladi (supra). There the question which fell for consideration before the Court was whether a legal practitioner having an office can be treated on par with the other commercial establishments. The Division Bench held that a legal practitioner having an office cannot be said to be carrying on commercial activity and would not fall within the definition of the expression "commercial establishment". This Bench also, by order dated 12-6-2014 passed in the petition filed by Dr. (Smt.) Shubhada Motwani (supra) raising similar issue, has held that the amendment incorporating medical practitioners within the definition of the expression "commerc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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