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2014 (6) TMI 1023 - HC - Indian LawsValidity of Section 7(1) of the Bombay Shops and Establishments Act, 1948 - Non-obtaining of license under the act - launching of Criminal prosecution - medical practitioner - Commercial establishment or not - HELD THAT:- The Apex Court in DR. DEVENDRA M. SURTI VERSUS STATE OF GUJARAT [1968 (5) TMI 57 - 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 ultra vires and is accordingly struck down - Criminal prosecution which has been initiated against the petitioner is quashed. Petition allowed.
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