Non-Residential Club Won’t Come Under MP Shops & Establishments Act Merely Because Food Supply Is There: Supreme Court

  • Post category:Daily Judgments
  • Reading time:3 mins read

Non-Residential Club Won’t Come Under MP Shops & Establishments Act Merely Because Food Supply Is There

Case: P.B. Nayak And Ors. v. Managing Director, Bhilai Steel Plant And Ors.

Coram: Justices KM Joseph and PS Narasimha

Case No: Civil Appeal No(s) 4613 of 2013

Court Observation: “Section 2 (22) – “residential hotel” means any premises in which a bona fide business is carried on of supplying for payment lodging or board and lodging to travellers and other members or class of members of the public and includes a residential club.”

“The word “club” means essentially an association of individuals in a way that involves to some degree the factors of free choice (which connotes a power of exclusion), permanence, corporate identity and the pursuit as a common aim of some joint interest other than the acquisition of gain (or some mutual advantage directly connected with the acquisition of gain, such as those provided by membership of a professional society or trade union. It is the last- named qualification that distinguishes clubs from business or professional partnerships, and from trade unions and the like.”

[doc id=11715]

Previous Posts

Taluk Land Board’s Determination Has Evidentiary Value In Proceedings Under Kerala Private Forest Vesting Act: Supreme Court

Evidence In A Trial Against An Accused Does Not Have Any Bearing Upon A Co-Accused In A Separate Trial For The Commission Of Same Offence: Supreme Court

PC Act – More Time Taken For Preliminary Enquiry Not A Ground To Quash Criminal Proceedings: Supreme Court

Waqf Tribunal Has Jurisdiction Even If Subject Property Is Admitted To Be A Waqf Property: Supreme Court

Civil Dispute Given Colour Of Criminal Offence: Supreme Court Says Criminal Proceedings Should Not Become Weapons Of Harassment Download Judgement


Non-Residential Club, MP Shops & Establishments Act