Court : Mumbai
Reported in : 2003(2)ALD(Cri)70; 2003CriLJ3271
..... visited the applicants and also paid some money for their darshan. therefore, prima facie the act of the applicants would be covered by definition of magic remedy and if that is so their prosecution under sections 4, 5 and 7 of d.m.r. act would not be illegal or unjust.12. it ..... do not contain any proposition so as to attract the aforesaid provisions of d.m.r. act. the pamphlets do not suggest either the drugs or magic remedy of care for any disorder or disease mentioned in the act or rules. the prosecution is unwarranted, illegal and unjust and the same along with f. ..... all the persons, searched and seized their personal belongings and booked them for the offences punishable under sections 4, 5 and 7 of the drugs and magic remedies (objectionable advertisements) act, 1954 (hereinafter reported as d.m.r. act). he contended that the charge-sheet in the matter has been presented and the ..... or indirectly claims to be efficacious for any of the purposes specified in section 3.9. the definitions of magic remedies appears in section 2, sub-section (c), which is as under :--'2(c)' -- 'magic remedy' includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous ..... false claim for the drug; or(c) is otherwise false or misleading in any material particular. 'section 5' prohibition of advertisement of magic remedies for treatment of certain diseases and disorders -- no person carrying on or purporting to carry on the profession of administering magic .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1960SC554; 1960CriLJ671; (1960)IIMLJ1(SC); 2SCR671
..... . section 4 further suggests that the legislature was trying to stop misleading advertisements relating to drugs. section 5 also tends to support the object being prohibition of advertisements suggesting remedies for all kinds of diseases. section 6 also points in the same direction, i.e., to stop advertisements as to drugs. section 14 and 15 are a clearer ..... sexual pleasure; clause (c) with diagnosis and cure of general and other diseases. section 4 prohibits misleading advertisements relating to drugs. section 5 similarly prohibits advertisements of magic remedies efficacious for purposes specified in s. 3. section 6 prohibits the import into and export from india of certain advertisement. section 14 is a saving clause which excludes registered ..... act. the preamble shows that the object of the act was to control the advertisement of drugs in certain cases, i.e., diseases and to prohibit advertisements relating to remedies pretending to have magic qualities and provide for other matters connected therewith. the title of the act also shows that it is directed against objectionable advertisements. the definition section ..... rules made thereunder. as provided in its preamble it was 'an act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.' the petitioners in writ petition no. 81 of 1959, the hamdard dawakhana (wakf) and another, alleged .....Tag this Judgment!
Court : Delhi
Reported in : 27(1985)DLT171; 1984RLR661
..... its doctors could result in maintenance or improvement of the capacity of human beings for sexual pleasures. such like advertisements, it has been contended are prohibited under drugs and magic remedies (objectionable advertisements) act, 1954 and in the circumstances the respondents should be treated to have committed an offence under section 3/7(a) of the act. (2) the present petition ..... ) a complaint at present stands filed by the drug inspector delhi administration, against sablok clinic and three of its doctors under section 3/7(a) of the drugs and magic remedies (objectionable advertisements) act, 1954. it is mentioned therein that two advertisements were effected by the respondents on the front pages of the two issues of the hindustan times, dated 8 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC784; 5SCR582
..... refer to the relevant provisions of the act. this act has been passed to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith. section 14(1)(c) contains the definitions. section 2(d) defines 'taking any part in the publication of ..... that by sending this packet to misri singh both the appellant and his wife had committed an offence under s. 3 read with s. 7 of the drugs and magic remedies (objectionable advertisement) act of 1954. later, the complaint against dr. susheela sahi was withdrawn and the case proceeded only against the appellant. 2. at the trial, evidence was given by .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1976SC171; 1976CriLJ190; (1976)1SCC428; 2SCR782; 1976(8)LC21(SC)
..... of science and electric treatment and are cured permanently....in behalf of this advertisement, the appellant was prosecuted under section 7 read with section 3 of the drugs and magic remedies (objectionable advertisements) act, 21 of 1954. the learned presidency magistrate, 8th court, calcutta convicted the appellant of the aforesaid charge and sentenced him to pay a fine of rs. 100 ..... /-. the order of conviction and sentence having been confirmed by the high court of calcutta, the appellant has filed this appeal by special leave.2. the drugs and magic remedies (objectionable advertisements) act provides by section 3, in so far as relevant, that no person shall take part in the publication of any advertisement 'referring to any drug in terms .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC4560; 2004(1)ALD(Cri)27; 2004(1)ALT41(SC); 2003CriLJ4543; JT2003(Suppl2)SC569; 2003(8)SCALE392; (2003)8SCC559; 2004(1)LC203(SC)
..... inspector, zone i, vajayawada who was not one of the authorised officers under the notification issued by the government of andhra pradesh under the provisions of the drugs and magic remedies (objectionable advertisements) act, 1954 [the central act of 1954].5. the high court considering the said objections of the appellants rejected the same holding that the notification issued by the .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)BomCR705
..... considering that in july, 2004 it was of the opinion that imposing restrictions by way of rules on performance of dances in the prohibited establishments was a sufficient remedial measure to check other undesirable practice being indulged in the hotel establishments and in march, 2005 the home minister made a statement in answer to the call attention ..... pragmatic and elastic. (2) the reasonableness has got to be tested both from the procedural and substantive aspects. it should not be bound by processual perniciousness or jurisprudence of remedies. (3) restriction imposed on the fundamental right guaranteed under article 19 of the constitution must not be arbitrary, unbridled, encarnalised and excessive and also not unreasonably discriminatory. exhypothesis, ..... , it is not permissible to use these aids, yet it is permissible to look into the historical facts and surrounding circumstances for ascertaining the evil sought to be remedied. the distinction between the purpose or object of the legislation and the legislative intention, indicated earlier, is significant in this exercise to emphasise the availability of larger material ..... principle underlying the guarantee of article 14 is not that the same rules of law should be applicable to all persons within the indian territory or that the same remedies should be made available to them irrespective of differences of circumstances. it only means that all persons similarly circumstanced shall be treated alike both in privileges conferred and .....Tag this Judgment!
Court : Allahabad
Reported in : 2004(2)AWC967; 2005(2)ESC857
..... substances act, 1985 ; medical termination of. pregnancy act, 1971 ; transplantation of human organ act, 1994 ; mental health act, 1987 ; environmental protection act, 1994 ; drug and magic remedies (objectionable advertisement) act, 1954 ; persons with disabilities (equal opportunities and full participation) act, 1995 and biomedical waste (management and handling rules, 1998 and such other acts. rules and regulations ..... cases, blindings, etc. they are also engaged in carrying out hazardous medical procedures operation to remove cataracts, caesarians, and do not fear in prescribing scheduled drugs advertise magical remedies, of which they have no knowledge.13. sri r.k. mittal, and dr. amrendra singh, participated in the deliberations, and assured the court that any effective method ..... 4.2004.(7) the news papers andmagazines, published in uttarpradesh, are restrained frompublishing advertisements byand from unauthorisedmedical practitioners,publishing their claims ofquick and magical remedies.they shall require thesepersons to give proof of theirqualifications and registrations. the breach shallbe taken to aid and abetillegal activities violative ofmagic ..... remedies (objectionable advertisement) act,1954, and other relevantlegislation's.(8) the principal secretary, medical health and family welfare, it is directed to ensure that .....Tag this Judgment!
Court : Chennai
Reported in : AIR1991Mad17
..... drugs for treatment of certain diseases and disorders, the prohibition of misleading advertisements relating to drugs, the prohibition of advertisement of magic remedies for treatment of certain diseases and disorders and the prohibition of import into, and export from india of certain advertisements. viewed in this angle, i am of the opinion that ..... the above entries. the preamble to the act is as follows :--'an act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.'the act does not relate to drugs as such but relates to the prohibition of advertisement of certain ..... schedule to the constitution of india. the entire averment with reference to the validity of the act in the affidavit of the petitioner is as follows :--'the drugs and magic remedies (objectionable advertisements) act, 1954 is ultra vires the powers of the first respondent herein inasmuch as the subject matter of legislation is not within the field of the central legislature ..... debility and piles. the second respondent issued a notice dt. 29-6-1981 (served on the petitioner on 9-7-1981) invoking s. 3(d) of the drugs and magic remedies (objectionable advertisements) act, 1954, hereinafter referred to as 'the act' directing the petitioner to show cause why action should not be taken against him for contravention of s. 3[d .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1967P& H322; 1967CriLJ917
..... except--(i) in any respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies, and(ii) after consultation with the drugs technical advisory board constituted under the drugs and cosmetics act, 1940 (23 of 1940), and, if the central government considers necessary, with such ..... the quashing of prosecution pending against them before an additional judicial magistrate 1st class, delhi, under section 7 read with section 3 (b) and (d) of the drugs and magic remedies (objectionable advertisements) act, 1954. the prosecution against the petitioners is for violation of section 3 (b) and (d) of the said act by alleged publication of two pamphlets, annexures rule .....Tag this Judgment!