Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Drugs |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Limitation Act, 1963 (36 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Drugs:Blacklisting of drug – Propriety of – Drug in questionmanufactured by appellant-company (a valid licence-holder) –Supplied to respondent-State – By a supplier as per a Tender –Order of Blacklisting of the drug was served by the State to themanufacturing company, in terms of Tender clauses – Writ petition– Dismissed in limine on the ground of 10 years delay in filing thepetition – Appeal to Supreme Court – Held: In absence of any supplyby the manufacturing company, the order of blacklisting invokingTender clauses is a fundamental flaw and hence not sustainable –An order of blacklisting beyond 3 years or maximum 5 years is notjustified – As the manufacturing company had been pursuing thematter with the Authorities, the Writ Petition was not barred byunexplained delay – Delay.Limitation:Limitation period – For filing writ petition – Held: High Courtmay decline to exercise its discretionary writ jurisdiction, on theground of delay – But it is only a rule of discretion and not amandatory requirement – Limitation Act stricto sensu does not applyto writ jurisdiction – Therefore, such discretion has to be judiciousexercised – Constitution of India – Art. 226 – Limitation Act, 1963– Delay. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 639 |
Petitioner | Vetindia Pharmaceuticals Limited |
Respondent | State Of Uttar Pradesh And Another |
SCR | [2020] 9 S.C.R. 607 |
Judgement Date | 2020-11-06 |
Case Number | 3647 |
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