Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | bulk drugs Price Fixation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Drugs (price Control) Order (0 of 1979) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | DRUG (PRICE CONTROL) ORDER, 1979 : Paragraphs 3, 12, 13 and 27 - Price Fixation of bulk drugs - Central Government fixing the price of scheduled bulk drugs by Notification dated 2.1.1989 superseding the earlier Notification dated 12.5.1981 - Demand raised towards the difference between the formulation prices fixed in the price fixation orders and the actual prices charged by company for the period 12.5.1981 to 25.8.1987 to be deposited in DRUGPRICES EQUALISATION ACCOUNT - Held : When fresh notification was issued on 2.1.1989, the earlier notifications were superseded and, therefore, it cannot be said that they become non est for all purposes - The earlier notification fictionally must be held to have subsisted and were operative from such points of time of commencement up to the date it was superseded -The Central Government is well within its rights to raise demands for making deposit into DPEA on the basis of prices shown in Notification dated 20.11.1986 - The demand raised by the Central Government is confirmed.Para 27 - Review - Concept of - Explained - Held : Once a review petition filed by the manufacturer of a bulk drug is considered and a fresh notification is issued, the same would be prospective and it does not relate back to the notification fixing the price of bulk drugs issued earlier - Administrative Law - Subordinate Legislation.DRUG PRICES EQUALISATION ACCOUNT:Drug manufacturing company required to deposit in DPEA the excess of the common selling price over retention price -Held :The provision is a beneficial one -This provision applies equally both to indigenously manufactured drugs as well as the drugs imported so as to maintain uniformity in the price of bulk drug.WORDS AND PHRASES :Expression 'supersession' - Connotation of in the context of drugs price fixation. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 244 |
Petitioner | Union Of India |
Respondent | Glaxo India Ltd. & Anr. |
SCR | [2011] 4 S.C.R. 50 |
Judgement Date | 2011-03-30 |
Case Number | 6497 |
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