4 resultados para Proma facie duty

em Cochin University of Science


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The overall focus of the thesis involves the legal protection for consumers of pharmaceutical products.The work on “Legal Protection for Consumers of Pharmaceutical Products” is undertaken to study the legal framework that is existing for this purpose and the functioning of regulating mechanism that is envisaged under it. The purpose of the study is to analyse how far these measures are effective in adequately protecting various aspects of consumer interest. Methodology adopted for the study is analytical.The present study revealed that the theory of freedom of contract is only an ideal relevant when the parties are assumed to be on equal footing.In a more complicated social and economic society, it ceased to have any relevance. Many countries in the world enacted legislations to protect the consumers of pharmaceutical products.The meaning of ‘consumers of drugs’ provided in the law is inclusive and not exhaustive one. The definition of ‘drug’ as interpreted by the courts is comprehensive enough to take in it not only medicines but also substances. The meaning of the word substances has been widened by the interpretation of the courts so as to include all the things used in treatment.The definition of the word ‘consumer’ has been liberally interpreted by the courts so as to provide protective net to a large section of the public.The studies subsequent to this report also revealed that there is a shortage of essential drugs necessary to cure local diseases like tuberculosis and malaria where as drugs containing vitamins and other combinations which are more profitable for the manufacturers are produced and marketed in abundance.The study of the provisions in this regard revealed that the duty of the drug controlling authorities is confined to scrutinize the data of the clinical test already conducted by the sponsor of the drug.Study of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational productStudy of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational product.the study of the provisions of the Drugs and Cosmetics Act and the rules framed under it revealed that the law in this regard is comprehensive to protect the consumer provided it is sufficiently supported by adequately equipped enforcement machinery.

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The Power Of Taxation Under The lndian Constitution, the subject of the present thesis has a wide ambit covering the entire federal field end deep constitutional significance traversing many of the principles like pith and substance, colourability, severebility etc. However, considerations of time, space and areas already investigated have indicated that the present study may be confined to the fundamental constitutional limitations end the federal problem. Thus the effect of fundamental rights, the commerce clause, immunity of instrumentalitis and the principle limiting the power of legislative delegation on the power of taxation has been studied. The distribution of taxes between the Union and units of the Indian federation leans so much over to the former and that part of this study has been directed to discover what devices can help the units to gain economic viability

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The present study is entitled The Aesthetics of Paul Verlaine and Changampuzha Krishnapillai - a comparative perspective. The purpose of the study is to compare the poetic genius of the French poet Paul Verlaine (1844-1896) and that of the Malayalam poet Changampuzha Krishnapillai (1911-1948), within a descriptive framework. The investigation will hopefully answer the questions- Has Changampuzha been indeed influenced by Verlaine, if so, to what extent? Can the aesthetic appreciation be justified in both poets as illustrated in their works? The comparative methodology of juxtaposing the selected oeuvres of the poets is largely adopted in the study. Since the span of analysis is across national and linguistic borders, the distinguishing as well as exclusive traits of the individual poets will be of much importance in formulating the comparative assumption in this work. The vastly differing geographical, linguistic and cultural milieus of these two poets,-one a national French poet and the other, a regional Indian poet writing in Malayalam prima facie,endow the theme of the dissertation with an innate hue of diversity. Such an ambitious task would naturally entail a renewed research into the dedication of the poets to their muses and their ultimate contributions to poetics. The analysis, while attempting to illuminate from a fresh angle, the amply researched oeuvre of Verlaine and the lesser studied one of Changampuzha, cannot but be aware of the limitations of the task at hand. The present study is the first of its kind on the specific theme of analysis, and is hoped that it would be of relevance since no work has so far been known to have been undertaken on the topic. At a time when the birth centenary celebrations of Changampuzha have just concluded, this study is hoped to assume significance as it would help in isolating the originality of the poet's works, extricating the garb of the French influence. Ultimately, this study aims at creating a wider appreciation of the impact that the French writers have had on Malayalam writers, thus shedding new light on the benign foreign influences that served to enhance the beauty of our cultural heritage

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The article examines the commodity chain trap of marine fishery in Kerala, at both material and value terms, and its ramifications in the globalised fishery chains. The marketing chains both material and value, are very complex in nature since they involve many types of markets and large number of intermediaries and participants. The article also scrutinizes the sensitivity of consumers’ and country’s responses in terms of dietary and hygienic standards relating to seafood trade. In addition, it discusses the devastating effect about the recent stipulations like the US Bio- Terrorism Act and Shrimp anti-dumping duty on the Kerala fishery products