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Case explanation · Media Law

Hamdard Dawakhana v Union of India (1959) | Misleading Drug Ads Law Explained

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Case 27 of 30 in Law Easy's Media Law series. Hamdard Dawakhana v. Union of India, Supreme Court of India, decided 1959. FACTS The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 restricted advertising of certain medicines and claims to cure named diseases. The petitioners challenged it under the Constitution. WHAT THE COURT HELD In 1959 the Supreme Court treated this kind of medical advertising mainly as trade, not as protected discussion of ideas, and upheld the core restrictions. But the petitioners partly succeeded: part of Section 3(d), which let officials add diseases to the banned list without clear standards, and Section 8, which gave broad seizure powers without safeguards, were struck down as severable. EXAM POINT Do not say the whole Act was upheld. The later Tata Press case treated this decision as concerned with advertisements of prohibited drugs. PREVIOUS CASE: Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd. - https://youtu.be/4gzgLwllKaE NEXT CASE: Life Insurance Corporation of India v. Manubhai D. Shah - https://youtu.be/oxoJisdjn2g FULL PLAYLIST (all 30 cases in order): https://www.youtube.com/playlist?list=PLY-t71WbMh6k COMPLETE LECTURE (all 30 cases, 1 hour 52 minutes): https://youtu.be/8AFvktrLPM4 Made for LL.B. students and for CLAT PG, UGC NET Law and judiciary exam preparation. Subscribe to Law Easy for the full law course. Notes: https://www.thelaweasy.com #MediaLaw #AdvertisingLaw #LawEasy

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