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Start Free TrialArbitration 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List Judgments citing this sectionArbitration Act, 1940 [Repealed] Chapter II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] 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 sectionDrugs 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 sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 3
Title: Definitions
State: Central
Year: 1940
.....under section 5;] 23 [(i) "prescribed" means prescribed by rules made under this Act.] 24 [* * *] _______________________ 1. Inserted by Act 13 of 1964, Section 2 (w.e.f. 15-9-1964). 2. Substituted by Act 68 of 1982, Section 2, for "Ayurvedic (including Siddha) or Unani" (w.e.f. 1-2-1983). 3. Substituted by Act 68 of 1982, Section 3, for "disease in human beings, mentioned in, and processed and manufactured" (w.e.f. 1-2-1983). 4. Substituted by Act 68 of 1982, Section 3, for "Ayurvedic (including Siddha) or Unani (Tibb) system of medicine" (w.e.f. 1-2-1983). 5. Original clause (a) relettered as clause (aa) and Substituted by Act 13 of 1964, Section 2 (w.e.f. 15-9-1964). 6. Substituted by Act 68 of 1982, Section 3, for "Ayurvedic and Unani Drugs Technical Advisory Board" (w.e.f. 1-2-1983). 7. Clause (aa) Inserted by Act 21 of 1962, Section 4 (w.e.f. 27-7-1964) and relettered as clause (aaa) by Act 13 of 1964, Section 2 (w.e.f. 15-9-1964). 8. The words "but does not include soap" omitted by Act 68 of 1982, Section 3 (w.e.f. 1-2-1983). 9. Substituted by Act 11 of 1955, Section 2, for clause (b) (w.e.f. 15-4-1955). 10. Substituted by Act 68 of 1982,.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Chapter I
Title: Introductory
State: Central
Year: 1940
.....1972), as the Central Government may, by notification in the Official Gazette, appoint in this behalf.] ________________________ 1. Inserted by Act 21 of 1962, Section 3 (w.e.f. 27-7-1964). 2. The words "except the State of Jammu and Kashmir" omitted by Act 19 of 1972, Section 2 (w.e.f. 31-5-1972). 3. 1st April, 1947; see Notification No.F. 28(10) (3) 45H(I), dated 2nd September, 1946, Gazette of India, 1946, Pt. I, p. 1349. Chapter IV came into force in the States of Delhi, Ajmer and Coorg on 1st April, 1947, see Notification No. F. 28 (10)(3) 45H(I), Chapters III and IV came into force in the States of Himachal Pradesh, Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur on 1st April, 1953, vide Notification No. S.R.O. 663, dated 30th March, 1953, Gazette of India. Pt. II, Section 3, p. 451. Chapter IV came into force in the Union Territory of Dadra and Nagar Haveli w.e.f. 1st August, 1968, see Notification No. ADM/Law/117(74), dated 20th July, 1968, Gazette of India, Pt. III, Section 3, p. 128. The Act is extended to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Schedule I; to Pondicherry by Reg. 7 of 1963, Section 3 and Schedule I; to Goa,.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 9B
Title: Spurious Drugs
State: Central
Year: 1940
1[9B. Spurious drugs For the purposes of this Chapter, a drug shall be deemed to be spurious,-- (a) if it is imported under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Section 9B Inserted by Act 13 of 1964, Section 8 (w.e.f. 15-9-1964) and Substituted by Act 68 of 1982, Section 6 (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 9D
Title: Spurious Cosmetics
State: Central
Year: 1940
1[9D. Spurious cosmetics For the purposes of this Chapter, a cosmetic shall be deemed to be spurious,-- (a) if it is imported under a name which belongs to another cosmetic; or (b) if it is an imitation of, or is a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or (c) if the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist; or (d) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Inserted by Act 68 of 1982. Section 6 (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 17B
Title: Spurious Drugs
State: Central
Year: 1940
1[17B. Spurious drugs For the purposes of this Chapter, a drug shall be deemed to be spurious,-- (a) if it is manufactured under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Section 17B Inserted by Act 13 of 1964, Section 12 (w.e.f. 15-9-1964) and Substituted by Act 68 of 1982, Section 13 (w.e.f. 1-2-1983)
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 17D
Title: Spurious Cosmetics
State: Central
Year: 1940
1[17D. Spurious cosmetics For the purposes of this Chapter, a cosmetic shall be deemed to be spurious,-- (a) if it is manufactured under a name which belongs to another cosmetic; or (b) if it is an imitation of, or a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or (c) if the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist; or (d) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Inserted by Act 68 of 1982, Section 13 (w.e.f. 1-2-1983).
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