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Documents citing Sh Medical Center Hospital vs State Of Kerala & Ors on 16 January, 2014

M/S Lisie Medical Institutions vs The State Of Kerala . on 9 February, 2023

8 At this stage, it would be material to note the submission of the respondents, urged by Mr V Giri, senior counsel, to the effect that apart from the interpretational issue which is addressed in the decision of the two-Judge Bench in SH Medical Centre Hospital (supra), the Court has dwelt on other aspects of Section 3(1). Mr. Giri adverted to the expression “buildings used principally for … charitable … purposes” in Section 3(1)(b) and urges that the interpretation of that phrase in the decision in SH Medical Centre Hospital is correct. 9 Undoubtedly, Section 3(1)(b) provides that nothing in the Act shall apply to buildings which are used ‘principally’ for specific purposes, including among them, ‘charitable purposes’. The expression “principally” conveys the meaning of that which is the dominant purpose. The interpretation placed by the two-Judge Bench on the expression “principally used for charitable purposes” does not call for interference in view of the statutory language used in Section 3(1). Principal use refers to the dominant substantive use as distinguished from an ancillary use. 10 The Explanation goes to indicate that ‘charitable purposes’ includes and is, therefore, not confined to the relief of the poor and free medical relief.
Supreme Court - Daily Orders Cites 9 - Cited by 0 - P S Narasimha - Full Document

M/S Lisie Medical Institutions vs The State Of Kerala on 9 February, 2023

8 At this stage, it would be material to note the submission of the respondents, urged by Mr V Giri, senior counsel, to the effect that apart from the interpretational issue which is addressed in the decision of the two-Judge Bench in SH Medical Centre Hospital (supra), the Court has dwelt on other aspects of Section 3(1). Mr. Giri adverted to the expression “buildings used principally for … charitable … purposes” in Section 3(1)(b) and urges that the interpretation of that phrase in the decision in SH Medical Centre Hospital is correct. 9 Undoubtedly, Section 3(1)(b) provides that nothing in the Act shall apply to buildings which are used ‘principally’ for specific purposes, including among them, ‘charitable purposes’. The expression “principally” conveys the meaning of that which is the dominant purpose. The interpretation placed by the two-Judge Bench on the expression “principally used for charitable purposes” does not call for interference in view of the statutory language used in Section 3(1). Principal use refers to the dominant substantive use as distinguished from an ancillary use. 10 The Explanation goes to indicate that ‘charitable purposes’ includes and is, therefore, not confined to the relief of the poor and free medical relief.
Supreme Court of India Cites 9 - Cited by 0 - Full Document

M/S Lisie Medical Institutions vs The State Of Kerala . on 9 May, 2017

The appeal filed by the Civil Appeal No. 6799 of 2017 (@ SLP (C) No.31682 of 2016) Page 6 of 15 appellant under Section 11 of the Act was dismissed on 25.04.2015. Thereafter, the appellant made a representation to the Chief Minister under Section 3(2) of the Act on 27.10.2015 which was rejected vide order dated 17.03.2016 passed under Section 3(1)(b) of the Act on the ground that the entire medical relief is not rendered free of cost. Challenging that order, the appellant filed the writ petition in the High Court of Kerala. The learned single Judge dismissed the said writ petition holding that the case was covered by the judgment of this Court in S.H. Medical Centre Hospital v. State of Kerala, (2014) 11 SCC 381. This order dated 16.06.2016 reads as under:
Supreme Court - Daily Orders Cites 16 - Cited by 2 - A K Sikri - Full Document
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