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Search Results for "drugs and cosmetics"

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High Court

Bombay High Court Quashes Press Release on GST Classification of Hand Sanitisers as Disinfectants — Executive Cannot Pre-empt Quasi-Judicial Adjudication. Press Release dated 15.07.2020 directing classification of alcohol-based hand sanitisers as 'disinfectants' under GST held ultra vires and manifestly arbitrary for encroaching upon quasi-judicial functions.

11 Nov 2024

The petitioner, M/s Schulke India Pvt. Ltd., is engaged in trading of hand rubs/sanitisers and antiseptics, which it claims are used as pharmaceutical...

High Court

High Court of Karnataka Quashes Blacklisting Order Against Pharmaceutical Distributor for Violation of Natural Justice. Blacklisting Without Show Cause Notice and Opportunity of Hearing Held Invalid Under Article 226 of Constitution of India.

18 Apr 2024

The petitioner, M/s. Sujal Pharma, a proprietorship firm engaged in pharmaceutical distribution, challenged a blacklisting order dated 29.10.2021 issu...

High Court

Bombay High Court Partially Allows Petition Against Ban on Transport of Banned Food Products Through Maharashtra. Inter-State Transport of Banned Products Not Prohibited Under Section 30(2)(a) of Food Safety and Standards Act, 2006.

9 Jan 2021

The petitioners, including the driver, cleaner, owner of a truck, and a transporter, challenged an order dated 15/7/2020 issued by the Food Safety Com...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid.

16 Apr 2016

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 unde...

High Court

Bombay High Court Allows Petition of Importer of Alcoholic Beverages Against Refusal of NOC by FSSAI for Wine Containing Tartaric Acid and Ascorbic Acid. The court held that these additives are permitted under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and directed release of the consignments.

28 Jul 2015

The Petitioner, M/s Pernod Ricard India P. Ltd., a company engaged in manufacturing, selling, and importing alcoholic beverages including the wine bra...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Case Involving Pharmaceutical Marks LOX and XYLOX. Court finds prima facie that Defendants' XYLOX marks are deceptively similar to Plaintiff's LOX family of marks, and that the defence of common origin or acquiescence is not made out.

16 Sep 2014

The Plaintiff, Neon Laboratories Ltd., filed a suit for trademark infringement and passing off against Themis Medicare Ltd. (Defendant No. 1) and Ciro...

High Court

Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

10 Sep 2014

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...

High Court

Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

14 Jun 2011

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

High Court

Bombay High Court Dismisses Petition Challenging Valuation of Physician's Free Samples Under Central Excise Act. Free samples of medicines are excisable goods and must be valued under Rule 4 of Central Excise Valuation Rules, 2000 based on price of comparable goods sold in the market.

28 Sep 2006

The petitioners, Indian Drugs Manufacturer's Association and M/s. Emil Pharmaceuticals Industries Pvt. Ltd., challenged Circular No. 813 dated 25/4/20...

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