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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC693; 1996(2)WLN407
..... in other words a discretion has been conferred upon the court under section 13(5) of the rajasthan premises (control of rent and eviction), act to strike out defence if in the facts and circumstance of the case the court feels it proper to do so ..... the learned counsel for the petitioner has submitted that under section 13(5) of the rajasthan premises (control of rent and eviction), act learned low- court had discretion to strike out or not to strike out the defence of the petitioner and in view of the fact that the petitioner ' deposited the arreares of rent on 3rd february, 1987, the proper ..... on 4th july, 1988 the petitioner (defendant) moved an application under section 5 of the limitation act praying that delay in deposit of rent be condoned in view of the facts and circumstances stated by him ..... in that case hon'ble chief justice j.s.verma, held that striking out defence under section 13(4) is only discretionary and not mandatory and that section 5 of the limitation act can be applied to the deposit of rent under section 13(5) of the act. ..... which it was held that section 13(5) of the act is directory and not mandatory and that in suitable cases court has power to extend the time for depositing the rent beyond the period prescribed under section 13(4) of the act. ..... , he rejected the application filed by the petitioner under section 5 of the limitation act and struck out the defence in view of the provisions of section 13(5) of the rajasthan premises (control of rent and eviction), act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704
..... controlled by it; or(viii) a wakf as defined in the wakfs act, 1954 (central act 29 of 1954) and entered in the register of wakfs maintained under section 26 of that act; (ix) a market committee established under the rajasthan agricultural (produce market act, 1961 (rajasthan act 38 of 1961);(x) a body corporate established or constituted by a central act or a rajasthan ..... constructed in an industrial area developed by any of them; or(iv) a panchayat established under therajasthan panchayat act, 1953 (rajasthanact 21 of 1953); or (v) a panchayat samiti or a zila parishad established under the rajasthan panchayat samitis and zila parishads act, 1959 (rajasthan act 37 of 1959); or (vi) a government company as defined in section 617 of the companies act, 1956 (central act 1 of 1956) or(vii) devasthan department of the government of rajasthan or premises managed or ..... ali sarkar's case (air 1952 sc 75) (supra), the court opined that if there was a provision for reviewing the conclusions of the investigation commission when acting both as investigators and judges, there might not have been such substantial discrimination in the two procedures as would bring the case within article 14 and has ..... of interpretation of statutes to construe words in an act .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC540
..... pharmacy act, 1948 (for short, 'pharmacy act') covers sections ..... powers under section 26 of the pharmacy council act, 1948 (for brevity 'the act') appointed mr ..... approach this court, and further the impugned order is not a statutory order nor it was passed by the state in exercise of any judicial or quasi judicial power either under the pharmacy act or service rules nor any statutory provisions have been pointed out by the appellants necessitating to record reasons before passing such an administrative order withdrawing he services of s.c. ..... the state government is ceased of the power once it accords prior sanction for appointment of 'registrar' forever, whereas the legislative intent to contemplate section 46 in the act, itself, conferring upon state government to make rules to carry out the purposes of chapter iii (which deals with section 26, too) and such rules may provide for the qualifications, the term of office and the powers and duties of the registrar, as contemplated ..... made therein, in case of a joint state council an agreement is required to be made under section 20, and in either case the state government is required to constitute a state council consisting of; (a) six members elected from amongst themselves by registered pharmacists of the state; (b) five members of whom atleast three shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or registered pharmacists nominated by the state government; (c) one member elected from .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN206
..... ' is defined in section 2(ii) to mean any person to whom rent is, or but for a special contract would be, payable for any premises and includes any person who is liable to be sued by the landlord for rent, when the act therefore speaks of an application either by the landlord or the tenant to apply for to fix rent of standard rent it obviously implies that the controller is required to fix the rent of the tenancy in question that this is the true, interpretation of the word ..... 'premises' would also appear if we consider the other provisions of the act, namely provisions of ejectment of tenant etc. ..... the case was under the delhi and ajmer rent control act, 1952 under section 2(g) of which 'premises' meant any building or part of a building which was or was intended to be let separately for use as a residence or for commercial use or for any othjr purpose. ..... 28/- which could not be enhanced in view of the proviso to section 6(2)(b) of the rajasthan premises (control of rent and eviction) act, 1950 it followed a decision of the division bench of the calcutta high court in bata shoe & co. v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC480; 2001(1)WLN371
..... firstly that the workman was not given a copy of relevant documents inspite of demanding which has resulted in breach of principles of natural justice and also that the alleged act of misconduct do not fall within the definition of misconduct under clause 34(e) of the standing order which reads as under:clause 34(e): quarelling, abusing, teasing threatening, beating or assaulting a ..... persons while they are on corporation's duties or in corporation's bus or in corporation's premises, clause (f) is not inhibited by the place where such act or omissions detailed in clause (f) are committed, if they are directed towards fellow worker or officer or subordinate or business man or customers or any other ..... it has been contended by the learned counsel for the petitioner that labour court has seriously erred in holding that any act of violence and abusing co-worker outside the campus of establishment did not come within the definition of misconduct under the standing order 34(e) by ignoring sub-clause (f) of ..... the three clauses 10, 16 and 30 of standing order 22 found that in all the three clauses the acts or omissions falling within the definition of misconduct were envisaged to be committed within the premises of the establishment ..... itself has been totally ignored by the labour court in holding the alleged act to be beyond the scope of standing order, without considering the facts of the case, which were yet to be established and in declining any opportunity to the employer to justify .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj184
..... counsel for the petitioner contended that the learned tribunal committed an illegality in not allowing the application for compromise filed by the parties and issuing a certificate for recovery of possession of rented premise under sub-section (7) of section 15 of the act of 2001; the reasons assigned by the tribunal for not verifying the compromise and not issuing the certificate are absolutely illegal and without jurisdiction; the provisions relating to compromise, as enumerated in rule 3 of order ..... made the rule 3 of order 23 of the cpc inapplicable to proceedings contemplated by the act of 2001 and also there is no provision in the act of 2001 which prohibits the parties to enter into a compromise in the application for eviction filed under section 9 of the act of 2001, rather there is a specific provision under sub-section (6) of section 15 of the act of 2001 for making an effort for conciliation or settlement of dispute between the parties.21. in these circumstances i am of the view that the rent tribunal committed an ..... . the rent tribunal is directed to verify the compromise and to issue certificate in favour of the landlord applicants for recovery of possession from the tenant of the rented premise under sub-section (7) of section 15 of the act of 2001 on the basis of the compromise entered in between the parties as soon as possible preferably within a period of one month.23 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj220
..... taken under any such order and in force immediately before the commencement of the rajasthan ordinance.if it were the intention of the law making authority that prosecutions launched under the different acts repealed by the rajasthan ordinance were to survive after its enactment there was no difficulty in saying that things done or action taken under any of the repealed laws and in force ..... i may quote in support of the view that i have adopted the following passage from maxwell on interpretation of statutes page 20 'the true meaning of any passage, it is said, is to be found not merely in the words of that passage, but in comparing it with other parts of the law, ascertaining ..... mortgage of village service inam lands in a proprietary estate executed after the grant of the title deed of enfranchisement but before the notification referred to in section 17, act 2 of 1894 was held , invalid and inoperative in spite the fact that such notification was later on issued.22. ..... had become due as arrears of rent from the defendants from 20-10-1948, upto 28-2-1951, but the defendants did not pay the rent ..... from 20-10-1948 to 27-11-1950 before the date when the rajasthan premises act came ..... and that the rent note dated the 12-6-1948, was illegal and void under the jaipur rent control order, 1947, and that the plaintiffs were not entitled ..... the 12-6-1948, they never ..... 1948, and that, on the non-payment of the rent by the defendants, the plaintiffs obtained a decree on the 18-12-1948 ..... 1948 ..... 1948 ..... upto 19-10-1948. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj56; 1999(2)WLC248
..... 3 the pharmacy council of india (for short 'pci') is concerned, it has referred to section 12(1) of the pharmacy act, 1948 which states that any authority in a state which conducts course of study for pharmacists, has to apply to the central council for approval of the course and central council if satisfied after inspecting that the ..... finally been submitted by the pci that since the institution where the petitioners are studying is not an approved institution under section 12 of the pharmacy act for the conduct of degree course, no relief claimed by the petitioners can be granted through this writ petition and the students admitted to such unapproved course are not eligible to sit in the examination relating to the pharmacy nor are they eligible for any relief.14. ..... far as the role of the university of rajasthan is concerned, it is equally beyond the comprehension of this court as to why the university of rajasthan extended affiliation to the institution after 1994 when it had written to the pharmacy council of india that the institution in question does not deserve to be approved and although it did not grant approval to the institution after 1995 it conducted competitive entrance tests for entrance into the b. ..... the explanation and interpretation of the expression 'competent authority' given put in this celebrated decision comes as a great assistance while deciding the question involved herein and thus it is quite clear that the quotations hereinabove sufficiently clarify that .....
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