Running clinic from residence not a commercial activity: Delhi High Court

11:03 am Health Care, Medicine

Tuesday, July 3, 2012

New Delhi: Running a clinic from one’s residence can’t be labeled a commercial activity, the Delhi High Court has said.

Quashing a criminal case lodged against Dr D V Chug, who was booked by the Municipal Corporation of Delhi (MCD) in 2004 for running a clinic from his house at Rajouri Garden, Justice Suresh Kait on Monday said he wasn’t liable to be prosecuted for running the clinic.

“The professional establishment of a doctor cannot come within the definition of commercial activity. Commerce is that activity where a capital is put into work and risk run of profit or loss… The word ‘profession’ used to be confined to the three learned professions: the Church, Medicine and Law. There is a fundamental distinction between the professional activities and commercial activities,” Justice Kait said.

According to the MCD, running of a doctor’s clinic from the residential premises is currently permissible and is not an offence. However, at the time of filing the complaint against Dr Chug, it was not permissible. [Source: ToI]

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