Court : Gujarat
Reported in : (1990)2GLR830
..... the case of ajay hasia, lila dhar, ashok kumar yadav did not militate against or render impermissible such a prescription, that there was nothing unreasonable or arbitrary in the stipulation that officers to be selected for higher services and who were with passage of time expected to man increasingly responsible positions in the core services ..... the asrb in prescribing minimum 40 marks for being qualified for viva voce test contravened rule 14 inasmuch has there was no such power in the asrb to prescribe this additional qualification, and this prescription of an impermissible additional qualification has a direct impact on the merit list because the merit list was to be prepared according to the aggregate marks obtained by the candidate at written test plus ..... the supreme court then proceeded to observe that on a careful consideration of the matter, they were persuaded to the view that the prescription of minimum qualifying marks of 60 (33%) out of the maximum marks of 180 set apart for the viva voce examination does not, by itself, incur any constitutional infirmity; that the principles laid down in ..... : air1988sc1451 it has been observed that the arguments in the case on the legality of the prescription of minimum qualifying marks in the viva voce turned more on the undesirability of such a condition in the background of the increasing public suspicion of abuse of such situations by the .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
..... so long as there is a rational basis for the classification, the prescription of different bases of valuation or different rates of tax would not be violative of article 14, even if it results in one class of property units being subjected to a higher burden of tax than the other. ..... if there is difficulty experienced by the commissioner in estimating the hypothetical rent, the legislature may give a new method for determining the hypothetical rent but it cannot justify prescription of a statutory formula which is wholly unrelated to the hypothetical rent. ..... it may justify prescription of a different method of finding out the hypothetical rent but it cannot justify introduction of a new method which can by no chance yield hypothetical rent. .....
Tag this Judgment!Court : Gujarat
Reported in : LC2010(1)217
..... the court further held that weightage required to be given to the doctor's prescription, the legibility of the handwriting of the doctors writing the prescription, the likelihood of the possibility of wrong reading of the said prescription by a letter here or there which may lead to serious consequences. ..... in india scheduled drugs which are to be sold under doctor's prescription are even sold without production of doctors prescription and as such reduces the weightage that can be given to this aspect of the matter while considering the question of deceptive similarity. ..... the court further held that although the possibility of confusion in a drug being sold across the counter may be higher, the fact that a drug is sold under prescription or only to physicians cannot by itself be considered a sufficient protection against confusion. ..... the court further held that in the present circumstances, doctor's prescription factor has lost its importance since the reality of the situation cannot be ignored. ..... the product to be supplied only against demand from cancer hospitals / institutions and that too against the prescription of a cancer specialist. .....
Tag this Judgment!Court : Gujarat
Reported in : [1965]58ITR811(Guj)
..... when a man went into a chemist's shop with a prescription he did not ask for this, that or the other drug mentioned in the prescription, but he really wanted the finished product in a form in which as a medicine it would be suitable for the use of the patient and when the chemist compounded the drugs according to the prescription be produced that medicine and sold, not so many different drugs of different quantities or measures, but the finished product. ..... after giving the dictionary meanings of the word 'manufacture' he also came to the conclusion that when a dispensing chemist mixed different drugs according to the prescription of a physician, the drugs might or might not be transformed into a different matter. ..... when the chemist in that case dispensed a prescription and sold the mixture to his customers, he produced a separate article though that article was composed of several drugs and it did not matter whether those several drugs in that mixture lost their separate identity or ..... gentle observed that when customers gave prescriptions to a dispensing chemist to be made up they thereby placed orders for the resultant compounds or mixtures to be supplied, and customers such compounds and mixtures. ..... the resultant mixtures, after dispensing prescriptions were, therefore, the goods sold by a dispensing chemist to his customers and the process of dispensing was to produce those goods for sale, without which process sale of mixtures or compounds could not be effected by a chemist. .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR500
..... the period prescribed for the receipt of objections was over, the proposal was again, as required by one of the provisos, placed for the consideration of the administrator who had the power to approve it, because the prescription of the road line was subject to the previous approval of the municipality, in the present case the administrator. ..... the proviso to that sub-section says that, before such prescription, the chief officer shall give public and special notices of the proposal of such prescription and that, the chief officer shall comply with any orders passed by the municipality 'after considering any written objection or suggestion in regard to such proposal' within the prescribed time limit. ..... but, in view of the fact that no change was made by the standing committee, all that has happened in first group of petitions is that, to the prescription made by the municipal commissioner was superadded the approval of the standing committee. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR523
..... the collector shall be at liberty to properly classify village jesalpur according to the prescription of the relevant rule after giving anopportunity to the petitioner in that behalf. ..... not have issued the impugned notification since the power of dividing villages, towns and cities is vested in the collector and he could have classified the villages, towns and cities of the district according to the prescription of rule 81(1) of the impugned amendment rules of 1977. ..... prescribed what are the different classes of cities, towns and villages and the competent assessing officer, namely, the collector has no power or authority to include any city, town or village in any manner contrary to the prescription of the rules.4. ..... in any view of the matter, even the collector could not have exercised that power of classification de hors the prescription of rule 81(1). .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj61; (1988)2GLR1154
..... 379, 380 in the following terms: -where the prescriptions of a statute relate to the performance of a public duty and where the invalidation of acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty without promoting the essential aims of the legislature, such prescriptions seem to be generally understood as mere instructions for the guidance and government of those on whom the duty is imposed, or in other ..... where a prescription relates to performance of a public duty and to invalidate acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty, such prescription is generally understood as mere instructions for the guidance of those upon whom the duty is imposed. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj367
..... neither the full bench of this court nor the supreme court has found that prescription of period of limitation for making application for reference is arbitrary.19. ..... having regard to these salutary principles of interpretation of statutes, we are of the opinion that prescription of period of limitation for making reference is not unconstitutional at all. ..... further, if longer period of limitation is prescribed, the government would be required to pay more interest as contemplated by different provisions of the land acquisition act and, therefore, prescription of shorter period of limitation cannot be regarded as illegal or arbitrary. ..... statutes of limitation and prescription are statutes of peace and repose. ..... thus prescription of period of limitation for making application for reference to competent court can never be regarded as unreasonable restriction on the right to receive just compensation. ..... further, prescription of shorter period of limitation for making reference cannot be considered unreasonable in view of the laudable object of the legislature to see that just compensation is paid to the claimant as determined by reference court without any loss of time or unreasonable .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1734
..... otherwise, if he is confused about the name of the medicine he intends to purchase and if he does not have prescription for the same, then in that event, it may be that he may consult the chemist or doctor to ..... . therefore, they are not expected to commit any mistake or error while preparing these prescriptions and they are also not expected to write the name of one medicine in place of another while prescribing ..... . when the patient goes to the chemists for a particular medicine without any prescription and on the strength of his memory, then, normally, it can be gathered or inferred, with respect to a reasonably prudent consumer, that he would not purchase a medicine unless he properly remembers the ..... therefore, the argument that the scheduled drugs are sold only on prescription, and therefore, there is no scope for any confusion cannot ..... way, if a consumer or a patient, purchases such a medicine without having prescription of an authorised medical practitioner, then he also does it at his own ..... a schedule 'h' medicine and if it cannot be sold without prescription to be issued by authorised medical practitioner and if a trader or a chemist sells it without prescription, then certainly, he does it at his own- risk ..... hand, while keeping in mind, the observations made and principles enunciated in the above cases.it is not much in dispute that these drugs are the schedule 'h' drugs, and therefore, ordinarily, it is necessary to have a prescription for sale and purchase of these two medicines .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR589
..... as we have pointed out earlier, the validity of the notification is challenged on two grounds, namely, (i) it is ultra vires section 3 inasmuch as the said provision does not empower prescription of different rates for different minerals as has been done by the impugned notification and (ii) it is ultra vires article 14 as the different rates of tax prescribed are based on a classification of mining leases, which is based on differentia having no reasonable ..... the question then is, whether the prescription of different rates is ultra vires section 3 of the impugned act and/or article 14 of the constitution of india?34. .....
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