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april 1997

Supreme Court of India · 1997-04-01

PRATAP PHARMA (PVT) LTD. vs UNION OF INDIA .

Citation / case number
SC 1983/64999
Court
Supreme Court of India
Petitioner
PRATAP PHARMA (PVT) LTD.
Respondent
UNION OF INDIA .
Author
D.P. WADHWA K. RAMASWAMY
Bench
D.P. WADHWA K. RAMASWAMY

Judgment text excerpt

The Supreme Court examined the constitutionality of Section 3(h) of the Drugs and Cosmetics Act, 1940, as amended by Act 68 of 1982, under Article 14 and Article 19(1)(g) of the Constitution. The Court held that the amendment did not violate the rights of the petitioners as it clarified the definition of 'patent or proprietary medicine' without altering the definition of 'drugs' under Section 3(b). Consequently, the Court dismissed the writ petitions, affirming the validity of the amendment and the Drug Controller's order prohibiting the patenting of Ayurvedic drugs.

PRATAP PHARMA (PVT) LTD. vs UNION OF INDIA . · Niyam