given these licences under the provisions of Drugs and Cosmetics Act, 1944 read with Drugs and Cosmetics Rules, 1945. The petitioners contend that such practice ... contemplated under Rules 69A and 74-B of the Drugs and Cosmetics Rules, 1945. The petitioners' case is that when such loan licensees manufacture
medicated or as defined in Section 3 of the Drugs & Cosmetics Act, 1940 (Central Act XXIII of 1940) or manufactured on the licence issued ... capable of being used as creams, hair oils, tooth paste, tooth powders, cosmetics, toilet articles, soaps and shampoos" found in parenthesis in Entry
respondent in exercise of the powers
under Section 26Aof the Drugs and Cosmetics Act, 1940 (hereafter the "Act").The
notification prohibited the manufacture ... only be by the
manufacturers who are licensed under the Drugs and Cosmetics Rules, 1945
(hereafter "the Rules") and further that oxytocin formulations
Author: Ramesh Ranganathan
Bench: Ramesh Ranganathan
JUDGMENT
Ramesh Ranganathan, J.
1. "Cosmetically unacceptable to the public" is reason enough to deny employment ... retina, apart from the fact that the person may not be accepted cosmetically by the public. We are inclined to go into all those aspects
therefore, fall under the category
of medicines and drugs and not the cosmetics, therefore, not chargeable
W.A. No.102/2006 ... rate
of 16% in respect of Vicco Turmeric cream as applicable to cosmetics
under Entry 21 part II of Schedule II of the said
petitioners challenge the constitutional validity of Rule 106B of the Drugs and Cosmetics Rules, 1945 inserted by notification dated 22nd February, 1994. The challenge arises ... 106B was introduced by way of an amendment to the Drugs and Cosmetics Rules. The Rule so introduced prohibits packing of homeopathic medicines containing more
quash the same as it is ultra vires the Drugs and Cosmetics Act, 1940 , 1945 rules violative of articles ... conformity with proviso to Rule 49 of the Drugs and Cosmetics Rules, 1945. The said Rule reads as follows:
"49. Qualification of Inspectors
Salt Act, 1944 , the department sought to classify the items as cosmetic and tooth pastes, but the Bombay High Court held in a judgment dated ... classification under Indian Standard Institute as a tooth paste or a cosmetics was negatived by the institute on the ground that they were only medicines
medicated or as defined in Section 3 of the Drugs &
Cosmetics Act, 1940 (Central Act XXIII of 1940) or manufactured on the
licence issued ... capable of being used as creams, hair oils,
tooth paste, tooth powders, cosmetics, toilet articles, soaps and
shampoos" in serial No.20A of Part
manufacturing and selling the
Drugs and medicines etc. under Drugs and
Cosmetics Act, 1945 , read with rules, are eligible to
apply as a bidder ... State Government
through appropriate authorities under the provisions of the
Drugs and Cosmetics Act, 1945 , to manufacture the products/
tablets/ medicines and they
