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Feb 06 2012

Rajendra Prasad Bagaria Vs. Pharmacy Council of State of Raj. and anr.

Court : Supreme Court of India

Decided on : Feb-06-2012

Subject : Education

Acts : The Pharmacy Act, 1948 - Section 32, 36(4), 30, 31, 33

of the State of Rajasthan (respondent No.1 herein - `Rajasthan Council' for short) under Section 32 of The Pharmacy Act, 1948 (hereinafter referred to as `the Act'). 4. It is the further case of the appellant that the Rajasthan … entitle a registered pharmacist in one State to have his name entered in the register of another State. Section 33 of the Act, however, gives the power of scrutiny to the State Council and every enrolment is subject

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Oct 08 1998

Dr. Mukhtiar Chand and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Decided on : Oct-08-1998

Subject : Civil

Acts : Indian Drugs and Cosmetics Act, 1940 - Sections 33; Indian Medical Council Act, 1956 - Sections 15(2), 21, 25 and 27; Drugs and Cosmetics Rules, 1945 - Rule 2; Indian Medical Central Council Act, 1970 - Sections 17(3), 22; Constitution of India - Articles 19(1 and 6); East Punjab Ayurvedic and Unani Practitioners Act, 1949; Pepsu Ayurvedic and Unani Practitioners Act, 2008 BK - Sections 16(3); Punjab Ayurvedic and Unani Practitioners Act, 1963; The Indian Medical Degrees Act, 1916 - Sections 3; Indian Medical Council Act, 1933; The Homeopathic Central Council Act, 1973; Pharmacy Act, 1948 - Sections 2; Evidence Act, 1872 - Sections 45; Bombay Medical Act, 1912 - Sections 7(3); Bihar and Orissa Medical Act, 1916; Maharashtra Medical Council Act, 1965; Uttar Pradesh Indian Medicine

Reported in : 1998VIIAD(SC)457; AIR1999SC468; JT1998(7)SC78; 1998(5)SCALE501; (1998)7SCC579; [1998]Supp2SCR143

dated April 9, 1960 with effect from 14.05.1960, defines the expression 'registered medical practitioner'.25. For purposes of the Pharmacy Act, 1948, the expression medical practitioner is defined by substituting Section 2(f) therein with effect from 01.05.1960. Section 2(f) of … interest. The rule, it is argued, cannot be said to be illegal for want of legislative competence as Section 33 of the Drugs Act confers very wide powers on the Central Government to frame rules. As the class

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Jun 02 2011

Dina Nath Dhawan and anr. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Jun-02-2011

Subject : Education

Acts : The Pharmacy Act 1948 - Sections 31(a), 31(b), 31(c), 31(d), 2, 32(2), 42, 34

petitioner was registered in the First Register of Pharmacists, under section 31 (a) (b), (c), (d) of the Pharmacy Act, 1948 (hereinafter referred to as the ‘Act’ for brevity sake) on 28.8.1969. Thereafter the same was renewed for life … of the Act provides for registration of Pharmacists. Section 32 lays down the qualification for subsequent registration and section 33, in detail, provides for the scrutiny of applications for registration. Section 34 provides for renewal fees. It reads

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May 18 2007

Orissa Management Colleges Association and Etc. Vs. State of Orissa an ...

Court : Orissa

Decided on : May-18-2007

Subject : Constitution

Reported in : AIR2007Ori120; 104(2007)CLT310

the Central Government such as the Dentists Act, Medical Council Act, All India Council for Technical Education Act, Pharmacy Act, the field of Higher and Technical Education has been occupied by the Central Laws. Under such Central Legislations, … the petitioner to hold the Common Entrance Test as It was held in the last year.25. The Dentists Act, 1948 was enacted for the purpose of laying down standards of education and training in Dental Colleges. After the … established under Section 3 of the said Act. The said Council has the power to frame regulation under Section 33 and under Section 33(1) the said Council has been empowered to make regulation for the conduct of professional

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Jan 28 2004

Rajesh Kumar Srivastava Vs. A.P. Verma and ors.

Court : Allahabad

Decided on : Jan-28-2004

Subject : Contempt of CourtConstitution

Acts : Constitution of India - Articles 141 and 142; Indian Medical Council (Professional Conduct, Etiquette and Ethics), Regulations, 2002; Contempt of Court Act, 1971 - Sections 2 and 12; Magic Remedies (Objectionable Advertisement) Act, 1954

Reported in : 2004(2)AWC967; 2005(2)ESC857

health. A physician should observe the provisions of the State Acts like Drugs and Cosmetics Act, 1940 ; Pharmacy Act, 1948 ; Narcotic Drug and Psychotropic Substances Act, 1985 ; Medical Termination of. Pregnancy Act, 1971 ; Transplantation of … to the legal provisions for taking appropriate action against such persons. In this letter attention was drawn to Section 15 of the Indian Medical Council Act, 1956, Section 17 of the Indian Medicine Central Council Act, 1970, … 6th April, 2002). These Regulations made under Section 20A read with Section 33(m) of the Indian Medical Council Act, 1956, with previous approval of Central

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Oct 04 2012

Jawahar Lal Mishra Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Oct-04-2012

Subject : Education

M.P. Pharmacy Council, Bhopal, respondent No.2, rejecting the application filed by the petitioner under Section 32 of the Pharmacy Act, 1948 (hereinafter referred to as 'the Act') requesting for registration as a Pharmacist.2. It is submitted by the learned … his case was rejected. It is, however, stated that the order passed by the Registrar is appealable under Section 33 of the Act before the State Council and therefore, he is required to approach the said authority for

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May 15 1992

Subhasis Bakshi and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : May-15-1992

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14 and 226; ;Bengal Medical Act, 1914 - Sections 15, 18 and 20; ;Bengal Medical Act, 1915; ;Paschim Banga Ayurvedic System of Medicine Act, 1961; ;Paschim Banga Unani System of Medicine Act, 1979

Reported in : (1993)1CALLT272(HC)

can prescribe this medicine is a logical argument by Mr. Chatterjee. Next the learned Advocate referred to the Pharmacy Act, 1948 wherein by virtue of Section 42 the prescriptions of the petitioners would not be honoured and served by … iv (vide Rule No. 1) given in Appendix to the Rules under clause (h) of sub-section 2 of Section 33 of the Bengal Medical Act, 1914. In this connection the petitioners referred to the State Medical Faculty which

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Aug 09 2019

l.r. College of Pharmacy vs.all India Council for Technical Education

Court : Delhi

Decided on : Aug-09-2019

Subject : Education

Hon’ble High Court of Madras vide order dated 31.01.2019 has held that in as much as both the Pharmacy Act, 1948 and the AICTE Act, 1987 contain provisions regarding pharmacy education leading to duplications of regulations and considerable confusion … the academic session 2019-20 at the W.P. (C) 7390/2019 Page 1 of 33 earliest and permit it to admit the students and start courses from … proper maintenance of norms and standards in the technical education system and' for matters connected therewith." 2. Whereas, Section 10 of the AICTE Act prescribes the function of the Council and mandates that it shall be the

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Mar 26 2007

Mahesh Kumar and ors. Vs. Directorate of Education and ors.

Court : Delhi

Decided on : Mar-26-2007

Subject : Constitution

Acts : University Grants Commission Act, 1956 - Sections 3; Pharmacy Act, 1948 - Sections 2, 3, 12, 12(1), 12(2) and 12(3); Education Regulation, 1991 - Regulations 10 to 13 and 18; Constitution of India - Articles 32 and 226

Reported in : 140(2007)DLT509; 2007(96)DRJ589

inspection of D. Pharma course for granting approval of the D. Pharma course under Section 12 of the Pharmacy Act, 1948 for the purpose of registration as a pharmacist. It will be the responsibility of the institution to obtain

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Mar 13 2003

Anil Dattatraya Ade Vs. Presiding Officer, School Tribunal,

Court : Mumbai

Decided on : Mar-13-2003

Subject : Service

Acts : Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Sections 2, 2(20), 2(24) and 9; Maharashtra Employees of Private Schools (Conditions of Service) Regulation (Amendment) Act, 1990; Pharmacy Act, 1948; All India Council for Technical Education Act, 1987; Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981; Constitution of India - Articles 245, 246, 254 and 254(1); Bombay Civil Services Rules

Reported in : 2003(3)BomCR465; 2003(2)MhLj316

apply to technicalinstitutions. Pharmacy institutions are not governed by theAct and the Rules as they are governed by Pharmacy Act, 1948,as well as by the All India Council for Technical EducationAct, 1987. The Tribunal, therefore, committed an error of … passed by the management, thepetitioner approached the School Tribunal, Amravati Region, byfiling Appeal No. 43 of 1984 under Section 9 of the Act. ThePresiding Officer of the School Tribunal vide an order datedJanuary 16, 1986 partly allowed … to includethe employees of technical institutions under the Act. A Bill(L.C.Bill No. XXXIII of 1990) was prepared with a view toamend the Act, inter alia,

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