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Start Free TrialDrugs and Cosmetics Act, 1940 Complete Act
State: Central
Year: 1940
.....of property, apparatus, etc., used for the manufacture of such drugs."-S.O.R., Gazette of India, 11-5-1963, Pt. II, S. 2, Ext., page 465. Act 68 of 1982 The Drugs and Cosmetics Act, 1940, regulates the import into, manufacture, distribution and sale of drugs and cosmetics in the country. The problems of adulteration of drugs and also of production of spurious and sub-standard drugs are posing serious threat to the health of the community. It is, therefore, considered necessary to amend the Drugs and Cosmetics Act, so as to impose more stringent penalties on the anti-social elements indulging in the manufacture or sale of adulterated or spurious drugs or drugs not of standard quality which are likely to cause death or grievous hurt to the user. This opportunity is also being availed of to incorporate certain other provisions on the other aspects of effective control on the manufacture, distribution, sale of drugs and cosmetics on the basis of experience gained in the working of the Act. 2. Some of the important proposals envisaged are set out below:- (1) (a) Widening of the definition of the expression 'cosmetics' so as to bring within its scope 'tiolet soaps' in order.....
List Judgments citing this sectionArbitration Act, 1940 Complete Act
State: Central
Year: 1940
.....not after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties. SECTION 09: POWER TO PARTY TO APPOINT NEW ARBITRATOR OR IN CERTAIN CASES, A SOLE ARBITRATOR - Where an.....
List Judgments citing this sectionArbitration Act, 1940 [Repealed] Chapter II
Title: Arbitration Without Intervention of a Court
State: Central
Year: 1940
.....cause being shown allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit. Explanation.-The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Sec. 8 and this section. Section 10 - Provisions as to appointment of three of more arbitrators (1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties. (2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than as mentioned in sub-section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail. (3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of.....
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 5
Title: Authority of Appointed Arbitrator or Unpire Irrevocable Except by Leave of Court
State: Central
Year: 1940
The authority of an appointed arbitrator or umpire shall not be revocable except with the leave of the Court, unless a country intention is expressed in the arbitration agreement.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Complete Act
Title: Arbitration Act, 1940 [Repealed]
State: Central
Year: 1940
..... Section36 - Power of court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not shall not apply to such difference Section37 - Limitations Section38 - Disputes as to arbitrators remuneration or costs Chapter VI Section39 - Appealable orders Chapter VII Section40 - Small cause Court not to have jurisdiction over arbitratons save arbitrations in suits before it Section41 - Procedure and powers of court Section42 - Service of notice by party or arbitrator Section43 - Power of court to issue processes for appearance before arbitrator Section44 - Power to high court to make rules Section45 - Government to be bound Section46 - Application of act to statutory arbitrations Section47 - Act to apply to all arbitrations Section48 - Saving for pending references Section49 - Repeals and amendments [Repealed] ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE ScheduleIII - THIRD SCHEDULE ScheduleIV - FOURTH SCHEDULE Repealing Act1 - ARBITRATION AND CONCILIATION ACT, 1996
List Judgments citing this sectionArbitration Act, 1940 [Repealed] Repealing Act 1
Title: Arbitration and Conciliation Act, 1996
State: Central
Year: 1940
.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....
View Complete Act List Judgments citing this sectionIndian and Colonial Divorce Jurisdiction Act, 1940 Complete Act
State: Central
Year: 1940
.....with the necessary adaptations, apply in relation to any part of His Majesty's dominions to which the provisions of section 1 of the principal Act (Act of 1926)apply by virtue of an Order in Council under section 2-thereof, wherever made, as they would have applied in relation to India, if the Indian Independence Act, 1947, had not passed. SECTION 06: AREAS FOR WHICH THE VARIOUS HIGH COURTS IN INDIA ARC TO ACT (1) A High Court in India on which jurisdiction is conferred by sub-section (1) of section 1-of the principal Act shall, on and after the appointed day. exercise that jurisdiction if, and only if, the parties to the marriage last resided together, or at the date of the presentation of the petition each reside, in the appropriate area. (2) In this section the expression "the appropriate area" means, in relation to any Court, the area with reference to which that Court is for the time being a High Court for the purposes of the Indian Law known as the Indian Divorce Act, 1869-, or such other area as the Governor- General may from time to time by public notification specify, in relation to that Court as the appropriate area for the purposes of this section. (3) The.....
List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 12
Title: Power of Court Where Arbitrator is Removed or His Authority Revoked
State: Central
Year: 1940
(1) Where the Court removes an umpire who has not entered on the reference or one or more arbitrators (not being all the arbitrators), the Court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancies. (2) Where the authority of an arbitrator or arbitrators or an umpire is revoked by leave of the Court, or where the Court removes an umpire who has entered on the reference or a sole arbitrator or all the arbitrators, the Court may, on the application of any party to the arbitration agreement, either- (a) appoint a person to act as sole arbitrator in the place of the person or persons displaces; or (b) order that the arbitration agreement shall cease to have effect with respect to the difference referred. (3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the arbitration agreement.
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 33G
Title: Inspectors
State: Central
Year: 1940
(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such areas as may be assigned to them by the Central Government or the State Government as the case may be. (2) The powers which may be exercised by an Inspector and the duties which may be performed by him and the conditions, limitations or restrictions subject to which such powers and duties may be exercised or performed shall be such as may be prescribed. (3) No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be an Inspector under this section. (4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as the Government appointing him may specify in this behalf.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 6
Title: Arbitration Agreement Not to Be Discharged by Death of Party Thereto
State: Central
Year: 1940
(1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such event be enforceable by or against the legal representative of the deceased. (2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed. (3) Nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.
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