2014 (6) TMI 1023

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.... V.M. Kanade and P.D. Kode, JJ. 1. By this petition, which is filed under Article 226 of the Constitution of India, petitioner has challenged section 7(1) of the Bombay Shops and Establishments Act, 1948. The petitioner is a medical practitioner who is duly registered under the provisions of Maharashtra Medical Council. Show-cause notice was issued to the petitioner for not obtaining a license ....

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....ment by filing a petition. This Court was pleased to hold that the said amendment is ultra vires and struck down the inclusion of legal practitioners from the definition of commercial establishment. 2. It is also submitted that the Apex Court in Devendra M. Surti, Dr. v. State of Gujarat 1968 (17) FLR 370 (SC), also held that private dispensary of doctor is not commercial establishment. It i....