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 Case Digest


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Constitution of India
Article 226 - petition under-Drugs and Cosmetics Rules, 1945 - Rule 61(1),(2) and Rule 64(3)-to call for records and quash the same an direct the respondents to effect the change in the constitution of firm and grant the license in favour of the petitioner
Article 226 - petition under-Drugs and Cosmetics Rules, 1945 - Rule 61(1),(2) and Rule 64(3)-to call for records and quash the same an direct the respondents to effect the change in the constitution of firm and grant the license in favour of the petitioner
The application should be entertained and decided on merits, without insisting upon a NOC from the landlord as the petitioner is continuing as a statutory tenant in the premises - The petitioner's father was granted a license to sell, stock and exhibit for sale and distribute drugs by retail - on account of the demise of the licensee, the petitioner approached the licensing authority to effect the change in constitution, but the same was declined as was not accompanied by the 'No Objection Certificate' from the landlord - after remitting the fee, the petitioner filed the application for change of constitution and enclosed the required details - respondent no. 1 rejected the application as not applied within the stipulated period of 3 months - no reasons have been assigned by the first respondent as regards the contention raised by the petitioner regarding his inability to produce the rental deed any property tax receipts, in view of the strained relationship between the landlord and the petitioner and a case is pending at the instance of the landlord - on considering the circumstances of the case, the HC held that the application should be entertained and decided on merits, without insisting upon a NOC from the landlord as the petitioner is continuing as a statutory tenant in the premises - impugned order of the respondent set aside - petition allowed - delay condoned - no costs.
B. Kantilal vs. The Assistant Director of Drug Control and another, Madras High Court, 2010 (1) Drugs Cases (DC) 221

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