Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 33i penalty for manufacture sale etc of ayurvedic siddha or unani drug incontravention of this chapter

Leukoplast (India) Ltd. Vs. State of Goa

Court : Mumbai

Reported in : 1992(40)ECC186; 1988(36)ELT369(Bom); [1988]71STC180(Bom)

..... chapter iv deals with the manufacture, sale and distribution of drugs and section 18(c), inter alia, provides that no person shall himself or by any other person on his behalf manufacture for sale, or sell, or stock, or exhibit for sale or distribute any drug or cosmetic except under a licence issued for such purpose under the said chapter ..... definition of a drug given under section 3(b) of the drugs and cosmetics act, 1940 which lays down that drug includes all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals and also such substances other than food intended to affect the structure or any function of the human body or intended to be used for the destruction of ..... local sales tax as well as central sales tax and prior to 1st november, 1981, the rate of the local sales tax leviable on then being of 6% and under section 8(2-a) of the central sales tax act, the rate of the central sales tax of 4% 28-10-1981, drugs and medicines were exempted from the levy of local sales tax in excess of 3% and thus, according to the petitioners, as a result of this exemption, the central sales tax leviable under section 8(2-a) of the central sales tax act was ..... section 27 imposes penalties for the manufacture, sale, stock, exhibit for sale and distribution of drugs in contravention with the provisions of the act and ..... and in ramavatar budhaiprasad etc .....

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. ..... this 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 said act has been enacted for the purpose of regulating the import, manufacture, distribution and sale of drugs and cosmetics. s. ..... 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 schedule. ..... 18 of the act states that from such date as may be fixed by the state government by notification in the official gazette in this behalf, no person shall himself or by any other person on his behalf manufacture for sale, or sell, or stocks or exhibit for sale, or distribute any drug or cosmetic which is not of standard quality. .....

Rajasthan Drugs and Pharmaceuticals Limited Vs. Government of Andhra P ...

Court : Andhra Pradesh

Reported in : 2004(1)ALD436; 2003(6)ALT434

..... 13 of the counter-affidavit, it is stated as under:'it is submitted that in order to manufacture drugs for sale, licensees are required to comply with the conditions of schedule 'm' of the drugs and cosmetics act, 1945. ..... the said gmp certificates have been issued by the drug controlling agency of the state in compliance with the provisions of the drugs and cosmetics act, 1940 (for short 'the act'), and the petitioners have been supplying their respective products to various hospitals through the respective agencies of the government. ..... the government of india, in exercise of the powers conferred by sections 12 and 33 of the drugs act promulgated the drugs and cosmetics amendment rules, 2001 in gsr 894 (e), dated 11-12-2001. ..... the learned judge further observed that there are various reasons placed before this court by respondents 1 to 4 and keeping in view the overall circumstances and in the interest of the general public such a condition had been imposed to ensure the international standards. ..... schedule-m of the drugs rules was amended by gsr 735 (e), dated 24-6-1998, which lays down that each licenser shall evolve a methodology and procedure to achieve the objectives listed in schedule-m which include physical infrastructure, efficient equipment, purity of raw materials, personal hygiene of workers etc. .....

Prem Pharmaceuticals and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ473

..... applicants stand prosecuted in respect of an offence under section 18(a)(i) read with section 27 of the drugs and cosmetics act, 1940 (for short 'the act') on the ground that sample of intravenous fluid sodium chloride injection manufactured and sold by them was taken on 8-10-1983 from m/s ..... for the purposes of section 18 a drug shall not be deemed to be misbranded or adulterated or spurious or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality only by reason of the fact that -(b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it : provided that this clause shall not apply in relation to any sale or distribution of the drug or cosmetic occurring after the vendor or distributor became aware of such ..... chapter iv of the act which pertains to 'manufacture, sale and distribution' of drugs and cosmetics, contains sections 16 ..... by a company, every person who at the time of the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to he guilty of the offence and shall be liable to be proceeded against and punished accordingly;(2) notwithstanding anything contained in sub-section (1) where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable .....

The Commissioner, Trade Tax Vs. Emami Ltd.

Court : Allahabad

Reported in : (2008)15VST433(All)

..... argued that the assessee had placed before the assessing authority as well as the first appellate authority a copy of the drug licence issued to the assessee under drugs and cosmetics act for the preparation and production of the items in question. ..... the second finding as recorded is in respect of the possession of licence under the drugs and cosmetics act but the finding does not record whether the licence granted was in respect of the ..... therefore, do not find any force in the contention that the tribunal was in error in holding these items as cosmetics.in the said case, it was held that the products of the assessee were not medicines but were cosmetics.being aggrieved by the appellate order, the assessee dealer preferred second appeal under section 10 of the act before the trade tax tribunal, kanpur, who passed a common order on 21.10.1999 which is the impugned order in the ..... ' is not defined anywhere while the word 'cosmetic' is defined in the dugs and cosmetics act, 1940 as under:3. ..... the case are as such that the assessee dealer is a limited company having its registered office and manufacturing unit at kolkatta west bengal and its sale depot at kanpur u.p. ..... order to substantiate this argument, learned counsel for the assessee has relied on three decisions of hon'ble supreme court namely puma ayurvedic herbal (p) ltd ..... medicament falling in chapter 30 of the traffic act.ii ..... cosmetics usually has some medicinal properties for the care of the skin, teeth, hair etc ..... medicinal herbs etc. .....

Shahnaz Ayurvedics and ors. Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(88)ECC615

..... in april 1996, show cause notices were issued for demanding central excise duty and imposing penalties on the ground that the products manufactured by them were cosmetics under chapter 33 of the central excise tariff and not ayurvedic medicines; various chemicals used by them were commonly used in cosmetics and were not declared by them to the licensing authority and they and fraudulently obtained a licence under drugs and cosmetics act; goods are being supplied to various hotels who ..... classification of dant manjan lal came up for consideration of the larger bench in 2002 (48) rlt 897 wherein the manufacturer contended that the product is manufactured as per the formulae prescribed in the book 'ayurveda bar sangreh' and are also using the same name and the book is included in the first schedule to drugs and cosmetics act, 1940 ..... that the extended period of limitation under the proviso to section 11 a(1) of the central excise act is not invocable because the department was aware of all the facts regarding sales made to hotels, exports made by them as ayurvedic products and the literature describing the products as cosmetics and beauty care products; that the department had raised the issue of classification of their products for the first time in 1987 pursuant to a visit of ..... this list includes products such as 'flower powder -- ayurvedic after bath body treatment lotion', 'herbbase', honey health ayurvedic freshness lotion ((skin tonic), shacure (useful in acne & skin inflammation), .....

Gardner Vs. Toilet Goods Assn., Inc.

Court : US Supreme Court

..... in effect, the court says that the food, drug, and cosmetic act has always authorized threshold injunctions or declaratory judgment relief: that this relief has been available since the enactment of the law in 1938, and that it would have been granted in appropriate cases which are "ripe" for review. ..... 167 certiorari to the united states court of appeals for the second circuit syllabus the commissioner of food and drugs, by delegation from the secretary of health, education, and welfare, issued three regulations under the color additive amendments of 1960 to the federal food, drug, and cosmetic act, which the respondents challenge in a pre-enforcement action on the ground that the commissioner impermissibly expanded the reach of the statute. ..... (b) these regulations, which are self-executing, have an immediate and substantial impact on the respondents, providing extensive penalties and substantial preliminary paper work, scientific testing, and recordkeeping for the cosmetic manufacturers. pp. ..... district courts were also empowered to enjoin "any regulation promulgated in accordance with section 24" (which would include the regulations at issue in these cases, page 387 u. s. ..... in this way, and only in this way, will the administrative process have an opportunity to function -- to iron out differences, to accommodate special problems, to grant exemptions, etc. ..... as he points out the regulations here merely require common honesty and fair dealing in the sale of drugs. .....

Ms Himani Limited (Now Known as Emami Limited) Vs. the Commissioner of ...

Court : Allahabad

..... "ayurvedic, siddha or unani drugs" has been defined in section 3(a) of the drugs and cosmetics act, 1940 as under: "(a) "ayurvedic, siddha or unani drug" includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, and manufactured exclusively in accordance with the formulae described in, the authoritative books of ayurvedic, siddha and unani tibb systems of medicine, specified in the first schedule;" 17. ..... now when the licensing authority under the above act has granted the assessee dealers licenses either for the manufacture, sale or distribution of drugs and not for cosmetics, it means they can not deal with cosmetics unless a separate license to that effect is produced. ..... lateron, proceedings under section 21 of the act were initiated by issuance of a show cause notice dated 6.2.1998 in view of a decision of this court in the case of balaji agency v. ..... smita pharsole dated 28.8.1989; and (iii) dr niranjan prasad sharma dated 8.10.1991 etc. ..... 21.8.1996, clearly states that himani boroplus antiseptic cream is an ayurvedic medicine which was prescribed by him to various patients suffering from skin diseases such as minor cuts, burns wounds, chopped skin, scratches etc. ..... etc. .....

Rajeev Kumar Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1998CriLJ1460

..... if at all there is contravention by the petitioner that may 6e of the provisions of drugs and cosmetics act, 1940 for which complaint lies by the drugs inspector to the court and not fir and not prosecution by the police. ..... punishment for contravention in relation to manufactured drugs and preparations :-whoever, in contravention of any provision of this act, or any rule or order made or condition of licence granted thereunder manufactures, possesses, sells, purchases, transports, imports, inter-state, exports inter-state or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one ..... medical store, new dana mandi, sirhind carrying on the business of wholesale chemists under a valid drugs licence annexure p/1 authorising to sell, stock or exhibit (or offer) for sale or distribute by retail the categories of drugs specified in schedule c and c (i) excluding those specified in schedule x to the drugs and cosmetics rules, 1945 and to operate pharmacy on the premises situated at g.t. ..... in exercise of the powers conferred by sub-section (1) of section 52-a of the ndps act, the central government has specified the following narcotic drugs and psychotropic substances, namely :-1. .....

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

Court : Chennai

Reported in : (2008)4MLJ1151

..... of licence imposes certain conditions which are relating to the adequacy of premises for storage and relating to the person in charge of the shop that he is competent in the opinion of the licensing authority to supervise and control the sale and therefore, the said rule is focused more on the person, who is controlling the pharmacy and it is basically intended for the protection of public from unauthorised persons without qualification selling the drugs and cosmetics, whereas in the other rule relating to petroleum, it is more relating ..... 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). ..... of 2002 before this court for direction against respondents 1 and 2 to dispose of their representations dated 14.12.2001 and 10.01.2002 and the same was ordered on 16.07.2002, it is the case of respondents 1 and 2 that pursuant to the order stated above, the first respondent has called the petitioners and the third respondent on 27.08.2002 and heard them. ..... circumstances, the petitioners have made representation to the first and second respondents about the factual position of termination of tenancy, etc. .....