V. SASIDHARAN versus PETER & KARUNAKAR & ORS.
The office of a lawyer or of a firm of lawyers is not a 'commercial establishment' within the meaning of section 2(4) of the Kerala Shops and Commercial Establishments Act, 1960. The statutory definitions and other provisions of the Act are inconsistent with professional offices being included as commercial establishments.
- Parties
- Appellant: V. Sasidharan; Respondents: Peter & Karunakar & Ors.; Intervener: Bar Council, Kerala; Intervener: Supreme Court Bar Clerk's Association
- Jurisdiction
- India
- Judgment Date
- 23 August 1984
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From the Kerala High Court (letters Patent Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Definition of Commercial Establishment, Scope of Kerala Shops and Commercial Establishments Act
Case Brief
Summary, issues, holding and outcome
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Parties
V. Sasidharan
Appellant
Peter & Karunakar & Ors.
Respondents
Bar Council, Kerala
Intervener
Supreme Court Bar Clerk's Association
Intervener
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Kerala High Court (letters Patent Appeal)
Legal Issues
- 1 Whether a firm of lawyers is a 'commercial establishment' under the Kerala Shops and Commercial Establishments Act, 1960
Ratio Decidendi
The office of a lawyer or of a firm of lawyers is not a 'commercial establishment' within the meaning of section 2(4) of the Kerala Shops and Commercial Establishments Act, 1960. The statutory definitions and other provisions of the Act are inconsistent with professional offices being included as commercial establishments.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with no order as to costs.
Full Case Text
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