Medicinal Preparation - Law Dictionary Search Results
Home Dictionary Name: medicinal preparationMedicinal preparation
Medicinal preparation, includes all drugs which are a remedy or prescription prepared for internal or external use of human beings or animals and all substances intended to be used for or in the treatment, mitigation or prevention of disease in human beings or animals. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2 (g)]The expression 'medicinal preparation' is defined in s. 2(g) as: 'Medicinal preparation' includes all drugs which are a remedy or prescription prepared for internal or external use of human beings or animals and all substances intended to be used for or in the treatment, mitigation or prevention of disease in human beings or animals, Southern Pharmaceuticals and Chemicals v. State of Kerala, AIR 1981 SC 1863: (1981) 4 SCC 391: (1982) 1 SCR 519.Medicinal preparations, in order to come within the ambit of 'medicinal preparations', the intended use of the article must be for treatment, mitigation or prevention of disease. The article must by...
Glycerite
A medicinal preparation made by mixing or dissolving a substance in glycerin...
Maltin
The fermentative principle of malt malt diastase also a name given to various medicinal preparations made from or containing malt...
Intoxicant
Intoxicant, includes ayurvedic medicinal preparation containing alcohol, State of Bihar v. Shree Baidyanath Ayurved Bhawan (P.) Ltd., AIR 2005 SC 932....
Patent and proprietary medicines
Patent and proprietary medicines, a 'patent medicine' means medicine in respect of which a patent is in force, 'proprietary' means of a proprietor, that is, holding proprietary rights. Patent means a grant of some privilege, property, or authority made by the government or sovereign of a country to one or more individuals. A proprietor is one who has the legal right or exclusive title to anything. On a comparison of the earlier Explanation and the substituted Explanation earlier, Patent and proprietary meant a drug. In the substituted explanation, it means any medicinal preparation, Aphali Pharmaceuticals Ltd. v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 378: (1989) Supp 1 SCR 129....
Patent or proprietary medicine
Patent or proprietary medicine, means--(i) in relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all formulations containing only such ingredients mentioned in the formulae described in the authoritative books of Ayurveda, Siddha or Unani Tibb systems of medicine specified in the First Schedule, but does not include a medicine which is administered by parenteral route and also a formulation included in the authoritative books as specified in clause (a);(ii) in relation to any other systems of medicine, a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of the Indian Pharmacopoeia for the time being or any other Pharmacopoeia authorised in this behalf by the Central Government after consultation with the Drugs Technical Advisory Board constituted under s. 5. [Drugs and Cosmetics Act, 1940 (23 of 1940), s. 3 (h)]The expression 'patent or proprietary med...
Apothecaries
Apothecaries [fr. apothicaire, Fr., fr. apoqnkn, Gk.], persons who combine the giving of medical advice with the supply of medicines prepared by themselves. Their practice in England and Wales is mainly regulated by the (English) Apothecaries Act, 1815 (55 Geo. 3, c. 194) (which recites and partly repeals but otherwise confirms the charter of James the First to the Apothecaries Company), and the (English) Apothecaries Amendment Act, 1874, (37 & 38 Vict. c. 34). To 'act or practise as an apothecary' without a certificate which under the earlier Act is an offence ,indicates an habitual or continuous course of conduct, and consequently an offender is only liable to one penalty though several persons may have been attended to, Apothecaries Co. v. Jones, (1893) 1 QB 89. An apothecary, as such, may sell drugs prescribed by another as well as drugs prescribed by himself; a chemist may not prescribe but only sell drugs: a medical practitioner, as such, may only sell drugs prescribed by himself...
Derivative of opium
Derivative of opium, S. 2(bb) 'derivative of opium' means:(i) Medicinal opium, that is opium which has undergone the processes necessary to adapt it for medicinal use,(ii) Prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, and the dross or other residue remaining after opium is smoked,(iii) Morphine, that is, the principal alkaloid of opium having the chemical formula c17H19No3, and its salts, and its derivatives. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2(bb)]...
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
Dutiable goods
Dutiable goods, 'dutiable goods' means any goods which are chargeable to duty and on which duty has not been paid. [Customs Act, 1962, s. 2(14)]--means the medicinal and toilet preparations specified in the Schedule as being subject to the duties of excise levied under this Act. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2 (c)]Dutiable goods, only if payment of duty is out-standing or leviable that goods will be regarded as dutiable goods, Associated Cement Companies Ltd. v. Commr. of Customs, (2001) 4 SCC 593...
- << Prev.
- Next >>