Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 36ab special courts Page 1 of about 959 results (0.245 seconds)

C.P. Udayadivakaran Vs. State of Kerala

Court : Kerala

Reported in : 2012(3)KLJ835

..... special courts - (1) the central government, or the state government, in consultation with the chief justice of the high court, shall, for trial of offences relating to adulterated drugs or spurious drugs and punishable under clauses (a) and (b) of section 13, sub-section (3) of section 22, clauses (a) and (c) of section 27, section 28, section 28a, section 28b and clause (b) of sub- section (1) of section 30 and other offences relating to adulterated drugs or spurious drugs, by notification, designate one or more courts of session as a special court or special courts for such area or areas for such case or class or group of cases as may be specified in the notification. ..... he is being prosecuted with some others for offences under the drugs and cosmetics act, 1940, for short, 'the act', on a complaint filed by the drugs inspector, palakkad. ..... " other than the offences referred to in section 36ab of the act, which are exclusively triable by the special court, the rest of the offences punishable under the act can be taken cognizance of and tried by the magistrate as before. ..... in basheer's case referred to above, constitutional validity of the proviso to sub section (1) of section 41 of the narcotic drugs and psychotropic substances (amendment) act, which was challenged as discriminatory arose for consideration. .....

Pfizer Products Inc. Vs. Rajesh Chopra and ors.

Court : Delhi

Reported in : LC2007(2)323; 2007(35)PTC59(Del)

..... dire effects on the public health.keeping in view the provisions of section 17b of the drugs and cosmetics act, 1940 which inter alias indicates an imitation or resemblance of another drug in a manner likely to deceive being regarded as a spurious drug it is but proper that before granting permission to manufacture a drug under a brand name the authority under that act is satisfied that there will be no confusion or deception in the market ..... the defendant pleads that registration of the plaintiff's trade mark is invalid; or(b) the defendant raises a defense under clause (e) of sub-section (2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark, the court trying the suit (hereinafter referred to as the court), shall,-(i) if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark are pending before the ..... requiring such an applicant to submit an official search report from the trade mark office pertaining to the trade mark in question which will enable the drug authority to arrive at a correct conclusion.so far as medicinal products are concerned, the courts have emphasised that an exacting judicial scrutiny is required if there is a possibility of confusion over marks on medicinal products because the potential harm may ..... court also noticed that there may be other special circumstances existing which may provide a special defense to the registered proprietor in an action under section .....

The State Of Karnataka Vs. S B Shivashankar

Court : Karnataka

..... according to the provisions of section 27(d) of the drugs and cosmetics act, 1940, if a person contravenes the said provision, he or she shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine and which shall not be less than rs.20,000/-, provided that the court may record adequate or special reasons in the judgment in order to impose a sentence of imprisonment for a term of less than one year. ..... before the court having jurisdiction and initiated criminal prosecution against the accused for offences under section 27(d) of the drugs and cosmetics act, 1940 relating to violation of certain provisions, that is section 18(a)(vi) read with rule 65(2) of the drugs & cosmetics act, 1940. ..... this criminal revision petition coming on for admission, this day, the court made the following: order this criminal revision petition is filed challenging the order passed by the trial court in c.c.no.3659/2014 dated 01.04.2015 convicting the respondent / accused for offences under section 27(d) of the drugs and cosmetics act, 1940 as well as the order passed by the first appellate court in crl.a.no.129/2015 dated 16.02.2018 dismissing the appeal as not maintainable under section 374 of the cr.p.c.2. ..... district and sessions court, hassan dismissing the appeal filed by the petitioner/state; impose adequate sentence on the respondent/accused for the offence punishable under section 27(d) of the drugs and cosmetic act, 1940. .....

Heinz India Limited Vs. The State Of Kerala

Court : Supreme Court of India

..... the high court so held because the explanation to the said entry stated that: any of the items listed above even if medicated or as defined in section 3 of the drugs and cosmetics act, 1940 (central act xxiii of 1940) or manufactured on the license issued under the said act will fall under this ..... by amendment to the tngst act, in 1994, the following explanation was added, below item i (iii), part f, of the first schedule: explanation- any of the items listed above even if medicated or as defined in section 3 of the drugs and cosmetics act, 1940 (central act xxiii of 1940) or manufactured on the licence issued under the said act will fall under this ..... . the court took note of a number of previous judgments, especially ciens laboratories (supra), muller and phipps (india) ltd (supra); puma ayurvedic herbal (supra) and b.p.l pharmaceuticals (supra) and, after considering that the product in question was developed specially to treat fungal infection, having antifungal properties, held it to be classifiable as medicinal, meant for therapeutic use, to treat cracked ..... in view of this inclusive definition, though the nycil powder has all the qualities and ingredients of medicines and since the same is basically a talcum powder which has preventive and curative power, the same requires to be brought under the special entry rather than the general entry.5 ..... the present appeals, by special leave, concern two sets of appeals: one, from the state of kerala and the other from the state of 2 tamil .....

Bharat Prasad Gupta Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1996SC1043; 1996(1)ALD(Cri)763; 1995(43)BLJR1447; 1996CriLJ1369; 1995(4)Crimes155(SC); JT1995(7)SC191; 1995(5)SCALE541; 1995Supp(3)SCC639

..... challaned for an offence under section 27 of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') read with west bengal act of 1973. ..... court also opined that by keeping in his possession the allopathic medicines and exhibiting the same for sale in his dispensary, the appellant had contravened the provisions of section 18(c) of the act and therefore had been rightly convicted by the trial court for the offence under section 27 of the act ..... keeping in view the peculiar facts and circumstances of this case and the comparatively small quantity of the allopathic medicines recovered from his dispensary and the fact that the proceedings have continued for almost two decades, in our opinion, the interest of justice would be met by maintaining his conviction as recorded by the trial court and upheld by the high court but reducing the sentence of imprisonment to the period already ..... though in an appeal by special leave, this court generally does not reappreciate the evidence, considered by two courts below, but to satisfy our judicial conscious we have examined the evidence to find out whether the findings recorded by both the courts below are based on proper ..... on the basis of the material on the record and keeping in view the ingredients of the offence, we agree with the trial court and the high court that the prosecution has established the case against the appellant beyond ..... of the appellant was upheld by the high court, he filed a special leave petition in this court. .....

Bio-chem Pharmaceutical Industries Vs. Astron Pharmaceuticals and Assi ...

Court : Delhi

Reported in : 2003IIAD(Delhi)41; 102(2003)DLT840; 2003(26)PTC200(Del); 2003(1)RAJ464; [2003]47SCL574(Delhi)

..... keeping in view the provisions of section 17-b of the drugs and cosmetics act, 1940 which inter alias indicates that a limitation or resemblance of another drug in a manner likely to deceive being regarded as (sic) spurious drug it is but proper that before granting permission to manufacture a drug under a brand name the authority under that act is satisfied that there will be no confusion or deception in the market. ..... it would not be out of place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. ..... learned counsel for the appellant has further submitted that the word 'bicillin' could not have been registered in view of the provisions of section 17(b) of the drugs and cosmetics act. ..... ignorance would again lead to unnecessary wastage of time, energy and money of the state and innocent accused who fail to make any search about similar trade mark and the graph of ever increasing social cost in the shape of time, energy and money of the public officers and the courts would continue to rise causing loss to national exchequer. 19. ..... stringent measures should be adopted specially where medicines are the medicines of last resort as any confusion of such medicines may be fatal or could have disastrous effects. .....

Leukoplast (India) Ltd. Vs. State of Goa

Court : Mumbai

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

..... such products are, according to the learned counsel, well within the 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 ..... concerned, he argued, what matters is not the definition given in the drugs and cosmetics act but the commercial and popular understanding of the products, as has been held by the division bench of this court in writ petition no. ..... view to elaborate the above submission, the learned advocate general took us minutely through the judgment delivered in the said case and contended that, though the court has stated in paragraph 4 that the question which was falling to its determination was whether the said product handyplast is a drug or medicinal preparation falling under item 14e of the first schedule of the tariff for purposes of duty, the fact remains ..... gujarat woollen felt mills, the court while addressing in special to the interpretation of tax statutes, namely, the central excises and salt act, 1944, observed that the well known rule in interpreting items in such statutes is that resort should be had not to the scientific or the technical meaning of such terms but to their popular .....

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 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 ..... for the purpose of understanding the first of the arguments, it is necessary to refer to certain provisions of drugs and cosmetics act, 1940, as well as the rules. ..... as he then was, in the above decision, the said rule made it explicit what was implicit the drugs and cosmetics act, 1940. ..... 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 .....

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

Court : Andhra Pradesh

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

..... 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 'good manufacturing practices (gmp)' certificates, though not contemplated under the provisions of the drugs and cosmetics act, or the rules made thereunder, are being issued by the drugs control administration at the request of manufacturers to meet the requirements of the purchasers. ..... 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 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 ..... hence, in the said judgment, the learned judge had observed that since the said policy decision had been taken based on special reasons, which are on, record, imposition of such a condition is not arbitrary.6. .....

Prem Pharmaceuticals and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ473

..... 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 ..... the act which pertains to 'manufacture, sale and distribution' of drugs and cosmetics, contains sections 16 ..... and sale of certain drugs and cosmetics ..... 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 to any neglect on the part of, any director, manager, secretary ..... section 482 of the code which shows that the high court's inherent powers stand preserved ..... shall be deemed to limit or affect the inherent power of the high court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.'18. ..... the court of shri ..... cases falling in the last category do not involve appreciation of evidence as to its reliability which is properly the function of the trial courts.22. ..... word, meaning in effect anything done by the court. ..... high court. .....