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Search Results for "medicinal purpose"

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High Court

Bombay High Court Dismisses Petition Challenging Excise Duty on Medicinal Preparation Containing Dextropropoxyphene. Product 'Lobain' Held Taxable Under M&TP Act Regardless of Dosage.

13 Oct 2017

The petitioner, DWD Pharmaceuticals Ltd., challenged an order by Respondent No.5 which upheld earlier orders by Respondent No.4 and Respondent No.3, h...

High Court

High Court of Bombay Dismisses Petition to Quash Bhang Possession Cases Under Bombay Prohibition Act. Defence of Bona Fide Medicinal Purpose Under Section 31 Proviso Requires Evidence, Not Available for Quashing at Threshold.

13 Jun 2012

The petitioner faced four separate criminal prosecutions under Section 66(1)(b) of the Bombay Prohibition Act, 1949, for possessing pouches containing...

High Court

Bombay High Court Upholds Validity of Rule 106-B of Drugs and Cosmetics Rules, 1945 Restricting Alcohol Content in Homoeopathic Medicines. The Court held that the rule is intra vires the Drugs and Cosmetics Act, 1940 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

28 Sep 2005

The Petitioner, Shrikrishna Homeo Pharmacy, a partnership firm registered under the Indian Partnership Act, 1932, carries on the business of manufactu...

High Court

Bombay High Court Quashes FIR in Drugs and Magic Remedies Act Case — Advertisement of Ayurvedic Medicine Not Objectionable as It Did Not Claim Cure for Diseases Listed in the Act. The court held that joint and knee pains are not specified in the Schedule to the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and no prima facie case under Section 420 IPC was made out.

26 Jun 2019

The applicants, Dheeraj Kachrulal Patonda and Hitesh Rajendra Sharma, filed an application under Section 482 of the Code of Criminal Procedure, 1973, ...

Supreme Court

Supreme Court Dismisses Appeals by Heinz India and GSK, Classifies Nycil Prickly Heat Powder as Medicated Talcum Powder Under Sales Tax Acts. Product Held Not to Be Medicine Despite Medicinal Properties Due to Specific Statutory Entries Including Medicated Talcum Powder Under Entry 127 of KGST Act and Toilet Powder Under Entry 1(iii) of TNGST Act.

4 May 2023

The Supreme Court dealt with appeals concerning the classification of Nycil Prickly Heat Powder under the Kerala General Sales Tax Act, 1963 (KGST Act...

High Court

Madras High Court Grants Bail to Accused in NDPS Case Involving Medicinal Narcotic Substances — Cites Lack of Commercial Quantity and Procedural Compliance. The court held that bail under Section 37 of NDPS Act can be granted when the quantity is less than commercial quantity and procedural safeguards are not fully met.

2 Apr 2026

The judgment pertains to three Criminal Original Petitions filed under Section 483 of the BNSS Act seeking bail for the petitioners/accused in Crime N...

High Court

Bombay High Court Hears Challenge to Drug Price Control Demand Against Pharmaceutical Company. Cream Vs. Ointment Distinction and Small Scale Industry Exemption Under DPCO 1995 Considered.

23 Dec 2016

The writ petition arose from a dispute concerning the drug price control regime under the Drugs (Price Control) Order, 1995 (DPCO 1995). The first pet...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit — Macleods Pharmaceuticals Ltd. v. Swisskem Healthcare & Anr. — 'PANDERM' and 'POLYDERM+' Held Deceptively Similar. The Court held that the marks are structurally and phonetically similar, and the Defendant's use is likely to cause confusion, especially in medicinal products where a high degree of care is expected.

2 Jul 2019

The Plaintiff, Macleods Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against the Defendants, Swisskem Healthcare and ...

High Court

Madras High Court Quashes Criminal Proceedings Against Pharmacy Company and Directors in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32A Bars Prosecution. Cognizance Taken Without Valid Sanction from Central Government Under Section 32A of Drugs and Cosmetics Act, 1940 is Void Ab Initio.

9 Apr 2026

The judgment pertains to two criminal original petitions filed by M/s. Dharma Pharmacy Pvt. Ltd. and its directors, V. Dharmalingam and Mageswari Dhar...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

4 May 2026

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

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