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Rajasthan Pharmacy Council, Jaipur Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2001(1)WLC722; 2001(2)WLN434

..... present writ petition can be effectively adjudicated without delineating the facts averred in the pleadings of the parties as the question for determination in the present case, gravitates and centres around the interpretation of section 26 of the pharmacy act, 1948, read with sections 14 and 16 of the general clauses act, 1897. ..... sections 14 and 16 of the general clauses act, 1897, can be used as catalysis to interprete section 26 of the pharmacy act, 1948 ..... the power to grant sanction or to withdraw such prior sanction for appointment of registrar under section 26 of the pharmacy act, 1948, as occasion requires in administrative exigency, is within the exclusive domain of the state government, and an argument contrary ..... is urged by the learned counsel for the petitioner that from reading of section 26 of the pharmacy act, 1948, it is revealed that appointment of registrar of the state council is within the control of the petitioner, therefore, the dismissal or removal or any order adverse to the appointment of sri subhash chandra pant, as registrar of rajasthan pharmacy council, is to be exercised only by the corporate body, not by ..... the instant writ petition has been filed by the petitioner, rajasthan pharmacy council through its president, sri ramesh ojha, which is a body corporate within the meaning of section 22 of the pharmacy act, 1948, having perpetual succession and a common seal with power to acquire or hold property both moveable and immovable and can sue and can be sued .....

Jasoria Medical Store and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(4)Raj2083; 2004(3)WLC626

..... counsel for the petitioners also referred section 42 of the pharmacy act, 1948, which reads as under:dispensing by unregistered persons:- (1) on or after such date as the (state government) may be notification in the official gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a medical practitioner.provided that this sub-section shall not apply to the dispensing ..... section 42 of the pharmacy act, 1948 ..... section 42 of the pharmacy act 1948 learned counsel for the petitioners submits that it pertains to dispensing by unregistered person, whereas, the petitioners are not operating or dispensing other medicines as provided by the drugs and cosmetics act ..... section 44 of the pharmacy act 1948 ..... or made up and supplied; or (2) where prescriptions are compounded; or (3) where drugs are prepared; or (4) which has upon it or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words 'pharmacy', 'pharmacist', 'dispensing chemist', or 'pharmaceutical chemist'; or (5) which, by sign, symbol or indication within or upon it gives the impression that the operations mentioned at (1), (2) and (3) are carried out in the premises; or (6) which is advertised ..... the allahabad high court has interpreted the qualified person as contained in explanation to clause (c) of sub-rule (15) of rule 65 and held that merely supplies or sells a drug as defined in rule 3 (b) in the same .....

Jagannath Das Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1968Ori176; 34(1968)CLT594

..... be the president of the orissa state pharmacy council is this: in accordance with sub-section (3) of section 1 of the pharmacy act, 1948 as it stood before its amendment by the amendment act xxiv of 1959 which came into force on may 1, 1950 chapter iii including section 23 (under which the petitioner was elected president) chapter tv and chapter v have automatically come into force after the expiry of three years from the date of commencement of the act which is march 4, 1948 even if the state government had ..... this case has to be considered in the light of the interpretation of section 1 (3) of the act as it stood before its amendment as the amending act 24 of 1959 was made effective from may 1, 1960 it was not disputed that the amendment has no retrospective operation prior to that ..... petitioner relied on certain fundamental propositions as reiterated by the supreme courts: the object of interpreting a statute is to ascertain the intention of the legislature enacting it; and an interpretation defeating the object of the statute is of course not permissible. ..... day is named for its commencement, but the royal assent is not given until a later day, the act would come into operation only on the later day; statutory instruments come into operation, not on the day on which they are signed, but on the day on which they are first made available or known to the public, or to the persons whom it is sought to affect by them: maxwell on interpretation of statutes, eleventh edition, page 397.15. .....

Brijesh Shukla Vs. the State of Madhya Pradesh Judgement Given By: ...

Court : Madhya Pradesh

..... , in the considered opinion of this court has to be interpreted and understood in the context of the stipulations contained in the pharmacy act, 1948 and the rules framed thereunder. ..... to 15.01.2013 were not considered which led the petitioners to challenge the select list dated 31.07.2013, vide writ petition no.13858/2013 on the ground that the registration 2 w.p.2015/2014 with the madhya pradesh pharmacy council was not prescribed as necessary qualification in the advertisement and by clarification it was provided that the incumbent shall produce registration at the time of signing the agreement as such the rejection of their candidature on ..... qualifications for which marks had been given to each individual candidate for possessing the same, whether or not candidate possesses the qualification as on the cut off date prescribed, whether registration with the pharmacy council was an essential qualification or not and whether candidates have wrongly been awarded extra marks for diploma ..... that where no such date is appointed by the government of a state, this sub- section shall take effect in that state on the expiry of a period of 4[ eight years].from the commencement of the pharmacy (amendment) act, 1976. ..... " furthermore, section 42 of the pharmacy act provides for that ..... provided that this sub- section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the state government, for the patients of another .....

Dr. Thomas Eapen Vs. Asst. Labour Officer and ors.

Court : Kerala

Reported in : (1993)IILLJ847Ker

..... government of kerala have given notice of its intention of applying all the provisions of the said act to the establishments as defined in clause (8) of section 2 of the kerala shops and commercial establishments act, i960, by notification in the gazette as required by the proviso to sub-section (1) of section 2 of the said act (central act 53 of 1961).now, therefore, in exercise of the powers conferred by the proviso to sub-section (1) of section 2 of the maternity benefit act, 1961, the government of kerala with the approval of the central government hereby declares that ..... adichan sasi, (1975) klt 839, held that a notification issued under the travancore forest act should be deemed to be a notification issued under the travancore-cochin forest act and the kerala forest act by virtue of saving clause contained in the kerala forest act and section 23 of the interpretation and general clauses act. 7. ..... learned government pleader heavily relied on a division bench decision of this court in jayachandran v state of kerala (1984) klt 903, where the question arose whether a private hospital, dispensary or pharmacy will come within the purview of the minimum wages act, 1948. ..... it was held that a hospital, dispensary or pharmacy would be understood in common parlance either as an establishment or as a shop which are added as item 21 to the schedule of the act. .....

State of Punjab Vs. Okara GraIn Buyers Syndicate Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1964SC669; [1964]5SCR387

..... (9) where a displaced person makes a default in the payment of any instalment fixed in respect of the first part of the decree or does not pay the amount determined in accordance with sub-section (4) of section 16 or sub-section (8) of this section for which the first or the second charge may have been created upon the property received by way of exchange, the creditor may apply for the execution of the decree by the attachment and sale of ..... the decree into two parts and provide in the first part thereof (hereinafter referred to as the first part of the decree) that the sum equivalent to the paying capacity shall, subject to the provisions contained in section 33, be realised from the assets of the debtor in india, and provide in the second part thereof (hereinafter referred to as the second part of the decree) that the balance shall be realised, subject to the provisions contained in sub ..... this enactment of 1948 lapsed by efflux of time in 1951, its place was taken by the act and that as the same word 'person' with the qualifying expressions indicating his or its residence or place of business were repeated in the act without any specific provision for claims against the state, parliament must be taken to have affirmed this decision, adopting its reasoning and that consequently, in any event, the general rule of interpretation about the state .....

Smt. Ujjam Bai Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : [1963]1SCR778; [1963]Supp2SCR778

..... doubt, perfectly valid but by reason of this circumstance it does not follow that the depravation of property occasioned by the collection of a tax which is not imposed by the charging section does not involve the violation of a fundamental right merely because the imposition was by reason of an order of an authority created by the statute, though by a patent mis-interpretation of the terms of the act and by wrongly reaching the conclusion that such a transaction was ..... the sales tax officer in the case before us was not a statutory provision but a notification issued by the government of uttar pradesh on december 14, 1957 under section 4(1) of the uttar pradesh sales tax act, 1948 ..... purposes. he argues that in the present case an executive authority functioning under the uttar pradesh sales tax act, 1948 (act xv of 1948), hereinafter called the act, made a clearly erroneous order imposing tax on exempted goods, namely bidis, and that it is a clear infringement of the fundamental right of ..... u.p. sales tax act (act xv of 1948) hereinafter called the 'act', the state government is authorised by a notification to exempt unconditionally under clause (a) ..... u.p. sales tax act 1948 as amended up to date, the governor of uttar pradesh is pleased to order that no tax shall be payable under the aforesaid act with effect from the 14th of december 1957 by the dealers in respect of the following classes of goods : provided that the additional central-excise duties leviable thereon from the .....

Ujjam Bai. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Reported in : AIR1962SC1621; 1963(1)SCR778

..... reason of this circumstance it does not follow that the depravation of property occasioned by the collection of a tax which is not imposed by the charging section does not involve the violation of a fundamental right merely because the imposition was by reason of an order of an authority created by the statute, though by a patent mis-interpretation of the terms of the act and by wrongly reaching the conclusion that such a transaction was taxable.i consider that the four concessions made by the ..... assessees right under article 19(1)(g) of the constitution is infringed.what had do be construed by the sales tax officer in the case before us was not a statutory provision but a notification issued by the government of uttar pradesh on december 14, 1957 under section 4(1) of the uttar pradesh sales tax act, 1948 (u.p ..... . he argues that in the present case an executive authority functioning under the uttar pradesh sales tax act, 1948 (act xv of 1948), hereinafter called the act, made a clearly erroneous order imposing tax on exempted goods, namely bidis, and that it is a clear infringement of the fundamental right of the petitioner to carry on business in bidis ..... . sales tax act (act xv of 1948) hereinafter called the 'act', the state government is authorised by a notification to exempt unconditionally under clause (a) and conditionally under clause (b) any specified goods .....

Superintending Engineer Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(59)ELT610TriDel

..... taking the first question, first it has to be seen as to whether the 'casting yards' can be construed as a factory within the ambit and definition of the said term in section 2(m) of the factories act, 1948.the definition of 'manufacturing process' in clause (k) and 'factory' in clause (m) of section 2 of the factories act, 1948 is reproduced below: (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, ..... secretary for labour as reported in (air 1952 at page 109) while interpreting the definition of 'factory' occurring in clause (m) of section 2 of factories act has held in para 2 of its judgment as follows: "we may first consider the later ground taken by the employers' association ..... to interpret the word 'ordinarily', we can get assistance from the same word as used in the definition of the term 'factory' in this very act, clause (m) of s.2, factories act, 1948, defines factory as follows: (i) whereon ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, ..... while interpreting the section 2(m)(ii) and section 2(k) of the factories act held in para 4 as follows: "as is plain from the definition the whole premises are a factory even though the manufacturing process is being carried on only in a .....

Sahadu Bala Botre (Dead) by Lrs. and Another Vs. Namdeo Bapuji Kerala ...

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)108; AIR1996SC1658; JT1996(3)SC72; 1996(2)SCALE579; (1996)8SCC296; [1996]2SCR640

..... question in this appeal is whether the interpretation put by the high court on second proviso to section 84a of the bombay tenancy and agricultural land act, 1948 is correct? ..... (1) a transfer of any land in contravention of section 63 or 64 as it stood before the commencement of the amending act, 1955, made after the 28th day of december, 1948 (when the bombay tenancy and agricultural lands act, 1948, came into force) and before the 15th day of june, 1955, shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said sections if the transferee pays to the state government a penalty equal to one per cent ..... concerned with the second proviso in this case, the main part of sub-section (1) postulates that a transfer of any land in contravention of section 63 or 64 as it stood before the commencement of 1955 amending act, made, after december 28, 1948 and before june 15, 1955, i.e. ..... , when the amending act was brought into force, shall not be declared to be invalid merely on the ground that such transfer was made in contravention of section 63 or 64 provided that the transferee pays to the government a penalty equal to 1% of the consideration ..... of such tenant, or results in the eviction of the tenant in actual possession, then such transfer shall not be deemed to be validated unless such tenant has failed to apply for possession of the land under sub-section (1) of section 29 within two years from the date of his eviction from such land. .....