Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 22 powers of inspectors Court: chennai Page 1 of about 10 results (0.138 seconds)

T. Ramesh and Others Vs. The State of Tamil Nadu, represented by the P ...

Court : Chennai

..... section 224, 376, 396 to 400, 402, 467, 471, 472,474, 489-a, 489-b and 489-d of the indian penal code (central act xlv of 1860); (ii) prisoners convicted of economical offences, black marketing, smuggling or misuse of power and authority; (iii) prisoners sentenced under the prevention of corruption act, 1988 (central act 49 of 1988), the suppression of immoral traffic in women and girls act, 1956 (central act 104 of 1956), the drugs and cosmetics act, 1940 (central act xxiii of 1940, the drugs control act, 1949 (tamil nadu act xxa of 1949), the dangerous drugs act ..... one suseela ranganathan was murdered, in connection with which a case in crime no.829 of 1995 was registered by the inspector of police, g-3, kilpauk police station, chennai and after the investigation was completed, final report was filed, in which the petitioners herein, were arrayed as accused. ..... (4) (i) the case of prisoners coming under sub-rule (2) shall be submitted to the government by the inspector general for orders with the recommendation of the advisory board, whether it recommends parole or not, together with the judgment of the court and other connected papers. .....

S. Srinivasan (Died) and ors. Vs. Assistant Collector of Central Excis ...

Court : Chennai

Reported in : 1982(10)ELT360(Mad)

..... it must be stated that the petitioner therein was engaged in the business of manufacture of homoeopathic medicines even since 1944 and after the drugs and cosmetics act, 1940 came into force, it had been in receipt of licence in form 28 for the manufacture of homoeopathic medicines which included injections also ..... contention was repelled by the learned judge and it was held that the drugs and cosmetics act, 1940, itself did not comprehend homoeopathic injections or homoeopathic medicines intended to be administered by parenteral route within the scope of the homoeopathic medicines and consequently rule 2(dd) of the said rules is not outside the scope of the said act and all that rule 2(dd) of the rules did was to make explicit what was implicit in the said act itself. ..... the third respondent has placed reliance on the drugs and cosmetics act, 1940, to hold that homoeopathic drugs in india do not include the administration of homoeopathic medicines by ..... is based on the assumption that the act itself did not exclude homoeopathic medicines meant for administration by parenteral route and it is only the rule which excluded them and that therefore the said rule is beyond the scope of the rule making power of the authority under the act. ..... section 16 of the act defines the expression 'standard quality' and states that for the purpose of chapter iv, the expression 'standard quality' means in relation to a drug, that the drug complies with the standard set out in the second .....

K. Poruthammal, Vs. the Assistant Director, Drugs Control, Zone Iv,

Court : Chennai

Reported in : (2008)4MLJ1151

..... said order of the first respondent on various grounds, including that the same is arbitrary; that it is ultra vires the provisions of drugs and cosmetics act and rules; that the licensing authority must be satisfied that the licensee is in lawful occupation and mere possession does not entitle the occupant to have the licence; that the rules and act make it mandatory that the licensee should satisfy that the possession of the property is lawful and the rental agreement must be produced. ..... it was thereafter, the first respondent, by proceedings dated 18.01.2005, forwarded a copy of the letter dated 03.01.2005 said to have been given by the deponent of this writ petition, who is the power agent of the petitioners and a copy of the proceedings dated 02.09.2002 by the first respondent, assistant director of drugs control, zone iv, tambaram west, stated to have been passed pursuant to the earlier order passed by this court in w.p. no. ..... 9 of 2000, claiming the third respondent as their tenant and eviction was granted in the petition filed under section 11(4) of the tamil nadu buildings (lease and rent control) act,1960 on 05.12.2001 and according to the third respondent, it is for the first time the petitioners claiming that the third respondent as tenant, started interfering with her business and it was against the order of eviction, she has filed rca.nos.6 and 7 of 2001.5(b). .....

M/s. ALM Enterprises No.134/63, Royapuram, Chennai, by its authorized ...

Court : Chennai

..... through this notification, the drugs and cosmetics (4th amendment) rules 2010, framed in exercise of powers conferred by sections 12 and 33 of the drugs and cosmetics act, 1945 have been notified. ..... commissioner of customs, the adjudicating authority, but any such restriction or regulation can only be dealt with by some other agency such as for example the director general of foreign trade or the competent authority under the drugs and cosmetics act, there is no way that the adjudicating authority under section 125 of the act can effectively waive or condone such restrictions /regulatory regime and then provide for an option for payment of redemption fine. ..... in the instant case, the goods are found imported without obtaining the registration certificate from the central drug standard control organization and therefore, it is found that the importer did not possess necessary permission/registration certificate from the competent authority under the drugs and cosmetics rules, 1945. ..... " from the above statement, the learned senior counsel would draw an inference that the importer has been effectively denied access to the imported goods and their usage and hence such act of the customs inspector in sealing the container would amount to seizure of the imported goods. ..... the examination proceedings were drawn by the inspectors (preventive - siib) in the presence of two witnesses and before the superintendent of customs siib and the importer was given a copy thereof. .....

V.C. Ramalingam and Sons, Represented by Its Partner V.R. Jagannathan, ...

Court : Chennai

Reported in : [2002]127STC382(Mad)

..... items listed above even if medicated or as defined in section 3 of the drugs and cosmetics act, 1940 (central act iii of 1940) or manufactured on the licence issued under the drugs and cosmetics act, 1940 (central act) will fall under this entry.5. ..... pastes, tooth powders and mouth washes and other dentifrices whether or not medicated or defined in section 3 of the drugs and cosmetics act, 1940 (central act xxiii of 1940) or manufactured under a licence issued under that act, tooth brushes, tongue ..... creams, hair oils, tooth paste, tooth powders, cosmetics, toilet articles, soaps and shampoos' found in parenthesis in entry 20 in part c of the first ..... assessment order dated 16.08.1996 for the assessment year 1994-95 and also for a declaration that the explanation to serial no.i of part f of first schedule to the tamil nadu general sales tax act reading 'any of the item listed above even if medicated or as defined in section 3 of the drugs & cosmetics act, 1940 (central act xxiii of 1940) or manufactured on the licence issued under the said act will fall under this item' and the words 'excluding products capable of being used as .....

The State of Tamil Nadu Vs. Tvl. Sri.Ramtirth International

Court : Chennai

..... beauty creams, beauty milk, cleanif milk, hair foods, skin tonics complexion rouge, nail cuttars, sanitary towels andnapkins astringent lotions, pre-shave and after shave lotions and creams moistuisers of all sorts and personal (body) deodorants.explanations any of the items listed above even if medicated or as defined in section 3 of the drugs and cosmetics act, 1949, (central act xxii of 1940) or manufactured on the license issued under the said ..... authority, placing reliance on the explanation in entry i part f of the act that ramthirth brahmi oil is a hair oil even after medication and hence a drug as defined under section 3(b) of the drugs and cosmetics act and therefore, the same would fall under entry 1 of part f to 1st ..... cosmetic" is defined in the drugs and cosmetics act, 1940 ..... and the explanation to the said entry stated that any of the items, even if medicated, or as defined under section 3 of the drugs and cosmetics act, or manufactured on the licence issued under the said act ..... mitigation or the stateprevention of disorders in human beings or animals (excluding products capable of being used as creams, hair oils, toothpastes tooth powders, cosmetics, toilet articles, soaps and shampoos) but including:i) allopathic medicine.ii) other medicines and drugs includingayurvedic, homepathic, siddha and unani preparations.iii) medical mixtures or compounds the compounents of which have not already suffered tax.iv) surgical dressing which expression shall include adhestive plasters, .....

Macleods Pharmaceuticals Limited Vs. Union of India and anr.

Court : Chennai

..... government is satisfied that use of the following drugs is likely to involve certain risks to human beings and whereas safer alternatives to the said drugs are available;and whereas the central government is satisfied that it is necessary and expedient to prohibit the manufacture, sale and distribution of the said drugs in public interest;now, therefore, in exercise of the powers conferred by section 26a of the drugs and cosmetics act, 1940 (23 of 1940), the central government hereby prohibits the manufacture, sale and distribution of the following drugs with immediate effect, namely:-(i) gatifloxacin formulation ..... for systemic use in human by any route including oral and injectable; and(ii) tegaserod and its ..... chapter-iv contains prescription regarding the manufacture, sale and distribution of drugs and cosmetics, power of the state government to prohibit the manufacture and sale of certain drugs and cosmetics, appointment of analysts, inspectors etc. .....

Ezekial Toyo Vs. State Rep. by the Inspector of Police, Nib Cid, Chenn ...

Court : Chennai

Reported in : 2002(80)ECC64

..... the learned counsel appearing for the revision petitioner points out that section 80 reads that the provisions of this act or the rule made thereunder shall be in addition to, and not in derogation of, the drugs and cosmetics act, 1940 or the rules made thereunder. ..... down that a report of the government analyst shall be evidence of the facts stated therein and shall be conclusive, unless the person from whom the sample was taken or the person whose name, address and other particulars have been disclosed under section 18-a of the act has, within twenty eight days of the receipt of a copy of the report, notified in writing the inspector or the court before which any proceedings in respect of the sample are pending that ..... ultimately, what is important is theintention of the accused to adduce evidence in contravention of the report and the said intention should be notified in writing either to the inspector or to the court within 28 days of the receipt of a copy of the analyst report. ..... inasmuch as sub-section (3) of section 25 of the act, 1940 expects the accused to notify his intention within 28 days of receipt of the copy of the analyst report and the revision petitioner herein has not done so within that period, the question of invoking provision of section 25 of the drugs and cosmetics act by virtue of section 80 of n.d.p.s.act does not arise in this case.6. .....

Drugs Inspector, Central Drugs Standard Control Organisation (South) Z ...

Court : Chennai

Reported in : 1982CriLJ2285

..... seven accused faced a trial for offences under sections 18(a)(i), 18(a)(ii) and 18(a)(ii)(a) read with section 27 of the drugs and cosmetics act, 1940, before the x metropolitan magistrate, egmore, madras, in c.c. no. ..... to appreciate the contention raised, it is necessary to refer to the relevant provisions of the act section 23(3) reads as under : 'where an inspector takes a sample of a drug or cosmetic for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal ..... and mark to all or any of the portions so sealed and marked : provided that where the sample is taken from premises whereon the drug or cosmetic is being manufactured it shall be necessary to divide the sample into three portions only : provided further that where the drug or cosmetic is made up on containers of small volume, instead of dividing a sample as aforesaid, the inspector may, and if the drug or cosmetic be such .....

C.Tharmaraj Vs. the Commissioner of Prohibition

Court : Chennai

..... case of the appellant is that he had obtained valid licence in form 25-d issued under the drugs and cosmetics act, 1940, to manufacture and sell the ayurvedic medicines viz. ..... the meanwhile, a batch of writ petitions have been disposed of by this court holding that l2 licence is necessary for manufacturing ayurvedic medicines even though the manufactures have already secured licence under the drugs and cosmetics act, 1940.5. ..... at this point of time, we would state insofar as the sealing of premises on 08.06.2007 alone has to be set aside and the appellant will be permitted to open the shop only to sell any goods under the licence issued in form 25-d under the drugs and cosmetics act and it is also further directed that his application for renewal of licence under form 25-d which is pending is to be disposed of by the authorities concerned within a period of three months from the date of receipt of copy of this ..... , the licence issued under drugs and cosmetics act and the same was in force upto ..... revocation and suspension of license-(1) any license granted under these rules may be revoked or suspended by the licensing authority if the holder, or any person in his employ, is found to have committed a breach of the conditions thereof or of any of the provisions of the act or these rules or has been convicted of an offence under section 161, read with section 139 or with section 116 of the indian penal code (45 of ..... as per section 157, if no order is passed, it deemed to have continued the .....