Legal News: Bombay High Court: Private Practices not to be considered Commercial Establishments

Legal News: Bombay High Court: Private Practices not to be considered Commercial Establishments

Bombay High Court News Medical Practitioners:

In Indian Medical Association vs. State of Maharashtra case the Bombay High Court has made the rule absolute that the private practices set up by medical practitioners are not be considered as commercial establishments.

The Bench favoured the petitioner, in this case the IMA, that sought for a declaration according to which the establishments of individual medical practitioners and the medical practitioners working under partnership were not commercial establishments within the meaning of section 2 (4) of the Bombay Shops and Establishments Act, 1948.

The association also demanded from the court a declaration that the inclusion of the term ‘medical practitioners’, in the definition of commercial establishments under section 2 (4) of the act by amendment is violative of the provisions of Article 14 of the Indian Constitution.

The association recapitulated previous decisions of the Supreme Court in 1969 Mh.L.J. 391, whereby it was held that the professional establishments of doctors do not fall within the ambit of the definition of commercial establishments under the Bombay Shops and Establishments Act.

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