Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 36ab special courts Court: jammu and kashmir Page 1 of about 3 results (0.168 seconds)

L.N. Khosla Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : AIR1985J& K74

..... has prayed for the issuance of a mandamus against the respondents to declare the petitioner as registered medical practitioner by making declaration in accordance with the provisions of rule 2(ee)(iii) of the drugs and cosmetics rules, 1945 framed under the drugs and cosmetics act 1940 with a lurther direction that the name of the petitioner be entered in the register maintained for the registration of the registered medical practitioners or any other appropriate writ or order, to which ..... in this writ petition relates to the registration of the petitioner as medical practitioner as required under the drugs and cosmetics rules 1945 under rule 2(ee)(iii) framed under the drugs and cosmetics act 1940 (hereinafter called the rules). ..... is made or the rules are not extended the right of the petitioner to practise, the profession and to denying the facility to obtain the drugs in wholesale and retail from the dealers of the drugs and purchase by stockists on the plea that the petitioner was not a registered medical practitioner cannot be ..... the high court can under its power of prerogative conferred under article 226 of the constitution of india read with section 103 of the state constitution direct the ..... fact remains that a duty is cast on the respondents under sub-clause (iii) of clause (ee) of rule 2 of the rules to declare by a general or special order made by the state government in this behalf as a person practising in modern scientific system of medicines for the purpose of this act. .....

Rohit Drugs and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2002J& K127,2003(2)JKJ535

..... the learned counsel appearing for the petitioners submits that there is no requirement under the drugs and cosmetics act of 1940 (here-in-after referred to as the act of 1940) or the drug and cosmetics rules of 1945 (here-in-after referred as rules) as amended from time to time to have a certificate which is separate and distinct from the licence granted or the manufacture of medicines. ..... admitted.petitioners in this petition are the licencees which licences have been issued to them under the drugs and cosmetics act, 1940 and drugs and cosmetics rules, 1945. ..... . it was further directed that unit be got white washed and painted to make the walls of oral liquid section washable, to get repaired the seepage in washing section, to provide exhaust fan in finished goods store, to conduct fresh medical examination of workers, to submit a letter of consent from the state pollution control board and to update the wash and change room ..... . no doubt, these decisions have been given but in the intervening period, one decision given by the supreme court in the case reported as air 1979 sc 1628, ramana dayaram shetty v ..... . paragraph 3 and its sub-paras make mention as to what steps are to be taken in this regard by those who are attending to the various processes being undertaken by the concern, clothing, clean uniforms, hair covering, foot wears and special uniforms for those who are working in such areas and whether there is adequate staff are some of the matters which are dealt with in paragraph 3 .....

Balwant Rai Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Reported in : AIR1991J& K20

..... inspector rightly seized the medicines in exercise of powers under section 22 of the drugs and cosmetics act, 1940, herein called as the act from the possession of the petitioner on november 15, ..... in view of definition of registered medical practitioner prescribed under rule 2(ee) of the drugs and cosmetics rules 1945 as no such exemption is pointed out, that if a registered medical practitioner practising in any system of medicine stocks, distribute, exibits for sale or sells any drugs covered by the act and the rules made thereunder is not required to obtain or hold a licence under section 18 read with rule 61 of rules in accordance with procedure prescribed therein.7 ..... and its officers restraining them from any such action under the provisions of drugs and cosmetics act and ..... to have been registered under the act and the rules by virtue of his registration under the a & u act, 1959 as prescribed under rule 2(ee) clause (iii) of the drugs and cosmetics rules, 1945. ..... drugs act is to regulate the import, manufacture, distribution and sale of drugs and cosmetics ..... inspection when the inspector visited the premises of the petitioner situated at gole market gandhinagar, jammu, he had no licence under chapter iv of the act and fell his trap who in exercise of the powers conferred on him under section 22(c) of the act seized the stock of such drugs found in the premises and issued the receipt anne-xure e to the petitioner on the same day the 15th of november, 1977 in form 16 under rule 55 of .....

Madan Lal Aggarwal Vs. 1.State Through Drug Inspector

Court : Jammu and Kashmir

..... the complaint and criminal proceedings initiated against the petitioner by the special court are sought to be quashed in exercise of inherent powers under section 561-a cr.pc, primarily on the ground that the inspection report and the material collected, even if accepted, do not disclose commission of offences punishable under section 18-a read with sections 28, 18(a) (vi) read with section 27(d), drugs and cosmetics act, 1940 mentioned in the complaint and the trial court order dated 22nd october, 2011. ..... the drug inspector, zone-1, jammu on going through the inspection report dated 27th july, 2011 and reply to the questionnaire furnished by the petitioner on 22nd october, 2011 filed a complaint against the petitioner in the 3rd additional sessions judge court, jammu (designated as special court under sro 17.4 of 2011 dated 02.06.2011), alleging commission of offences punishable under section 18-a read with sections 28, 18(a) (vi) read with section 27(d), drugs and cosmetics act, 1940. ..... the special court on going through the complaint and annexures appended thereto, found the complaint to disclose commission of offences punishable under section 18-a read with sections 28, 18(a) (vi) read with section 27(d), drugs and cosmetics act, 1940 and, therefore, recorded satisfaction that there were sufficient grounds to proceed against the petitioner. .....

Nazir Ahmad Wani and Mushtaq Ahmad Khateeb Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ71

..... since reliance is placed on sub section (3) of section 21 of the drugs and cosmetics act, 1940, it will be appropriate to reproduce it as also sub clauses (i), (ii) of clause (e) section 3 which give the definition of inspectors.'21. ..... controller drugs and food organization jammu is hereby adjusted as incharge controller drugs and food organization j&k; in his own pay and grade pending clearance by dpc/psc.however this order is subject to out come of any writ petition pending in the hon'ble high court.assistant drug controller, kashmir will look after the working of dy. ..... reference to the act and rules aforementioned in my opinion has been made without any relevance simply to involve the court in an adjudication to stretch the beneficiary's continuation on a higher post, notwithstanding the fact that the question that arises for consideration is whether petitioner has any right of continuation on the basis of an order of assignment of charge. ..... law being no more res integra that administrative orders are required to be made in a manner and in consonance with the rules and the court is within its power to struck down the order if the appointment made to public office is violative of constitutional guarantees of the effected persons or same is dehors the rules as is true of the case on hand, obviously, swp 382/2004 succeeds and is allowed. .....

Vijay Chowdhary and anr. Vs. State and ors.

Court : Jammu and Kashmir

..... petitioners' first plea that prosecution could not have been launched without previous sanction of the authority specified under sub-section (4) of section 33g of the drugs and cosmetics act, 1940, is found to be misconceived, in that, this section does not contemplate issuance of any sanction before launching of prosecution. ..... supporting petitioners' alternative plea for transfer of the complaint, learned counsel submitted that it would be highly inconvenient and cumbersome for the petitioners to spend four/five days, on each and every date of hearing, to attend the court at srinagar, from their present location at chandigarh, and in these circumstances, fair trial of the petitioners warrants transfer of the complaint from the court of sub-registrar judicial magistrate ist class, srinagar to any court of competent jurisdiction at jammu.4. ..... ltd, derra bassi (punjab), have approached this court seeking quashing of the proceedings, or in the alternative, the transfer of the complaint for its trial by any court of competent jurisdiction at jammu. ..... been said above, i am of the view that continuance of proceedings on the respondent's complaint against the petitioners, in the absence of any allegation against them in the complaint or appearing from the material on records, of their being in-charge of, and responsible to the company for the conduct of its business, would amount to abuse of the process of court. .....