Back
DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
Danish Khattar – Appellant
Versus
Ministry of Health and Family Welfare – Respondent
| Table of Content |
|---|
| 1. public interest litigation requests specific actions against loose medicine sales. (Para 2) |
| 2. no specific violation or respondent named for action to be taken. (Para 3 , 4) |
| 3. writ petition dismissed; liberty to file specific violations later. (Para 5) |
JUDGMENT
D.N.Patel, Chief Justice (Oral)
CM APPL. 12022/2021 (exemptions)
Allowed, subject to all just exceptions. The application is disposed of.
W.P.(C) 3974/2021& CM APPL. 12021/2021
2. This so called public interest litigation has been preferred with the following prayers:-
"a) Issue appropriate writ, order or direction in the nature of mandamus or any other appropriate writ or direction to the Respondents to frame rules/guidelines relating to prohibition on sale of loose medicines by the doctors.
b) Issue appropriate writ, order or direction in the nature of prohibition or any other appropriate writ or direction to restrain practice of loose medicines provided by the doctors.
c) To pass any order or further orders this Hon'ble court deems fit on the basis of above mentioned facts and circumstances of the case."
3. Having heard the petitioner in person and learned counsel for respondent No.2 it appears that t
Public Interest Litigation requires specific violations to be actionable; existing laws already address grievances.
The court determined that existing proceedings in a related case should be addressed instead of duplicating litigation in public interest concerning Covid-19 management drug regulation.
The main legal point established in the judgment is the interpretation and application of 'Public Interest Litigation' in the context of specific relief sought under the Pharmacy Act, 1948 and the Ed....
The petitioner contravened Section 18(c) of the Drugs and Cosmetics Act by stocking and selling drugs without a license. The petitioner is liable under Section 27(b)(ii) of the Act.
The central legal point established in the judgment is the exemption of the drugs manufactured by the petitioner from the provisions of Chapter IV of the Drugs and Cosmetics Act, 1940 under Schedule ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
