Is an after-shave lotion a medicinal preparation? The Supreme Court decided the question in the negative. The intended use of the article concerned is not for diagnosis, treatment, mitigation or prevention of any disease. Besides, in an ad inviting deposits from the public, the company (Colfax) itself stated that it was engaged in manufacture of cosmetics. This question came up for determination when the excise authorities issued notices to the company for payment of excise duty that was short-levied, as the product had earlier been classified as a ‘medicinal preparation’ and not a ‘toilet preparation’ (State of Goa vs Colfax Laboratories Ltd).
The Punjab University Rules (Punjab University Calendar Volume III) contain provisions inter alia giving preference in respect of appointment of lady principals and/ or lady teachers in women’s colleges. A writ petition was filed challenging the provisions. The High Court of Punjab and Haryana held inter alia such provisions to be violative of articles 14 and 16 of the Constitution. Upholding the validity of the impugned provisions, the Supreme Court held inter alia that if separate colleges or schools for girls are justifiable, rules providing for appointment of lady principals or teachers are also justified. Such rules are framed as a precautionary measure having regard to public morals and young age of the students. The apex court also held that such reservation is permissible in exercise of powers conferred under Article 15(3) of the Constitution, that empowers the state to make special provisions for women and children (Vijay Lakshmi vs Punjab University).
A licensed builder by reason of payment of fees to the municipal corporation for approval of building plans does not become a ‘consumer’ within the meaning of the Consumer Protection Act. A licensed builder filed a complaint before the district consumer forum saying the corporation refused approval of plans whenever he applied for the same. The forum passed an award of Rs 10,000. On appeal, the state consumer redressal forum dismissed the complaint stating that the builder was not a ‘consumer’. The Madras High Court held inter alia that the order was rightly passed by the state forum. The corporation is empowered with statutory duties to inter alia regulate orderly growth of new buildings (K. Thillainayakam vs Commissioner, Madurai City Municipal Corporation).
SOLON
