Supreme Court · 1998 INSC 385 · Decided 8 October 1998

DR. Mukhtiar Chand and ORS. ETC. v. The State of Punjab and ORS.

Court
Supreme Court of India
Citation
1998 INSC 385 · [1998] SUPP. 2 S.C.R. 143
Case number
CIVIL APPEAL No. 89/1987
Decided
8 October 1998
Bench
M.M. PUNCHHI, K.T. THOMAS, S.S.M. QUADRI (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 19(1)(g)

Headnote

Indian Drugs and Cosmetics Act, 1940 : A B Ss. 33(/) and 2(e), 18, 6 and 12-Rule making power-Scope of-Rule C 2(ee) (iii) defining "Medical Practitioner "-Whether· beyond legislative competence of rule making authority and invalid-Held, No, Sec. 33 of the Act confers wide power on within the scope of said power-Thus, does not suffer from want of legislative competence and valid Drugs and Cosmetics Rules, 1945: Rule 2(ee) (iii)-Defining "Medical Practitioner"-Constitutional validity of-Held; intra vires the constitution-Constitution of lndia, 1950. D Rule 2(ee)

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