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november 2000

Supreme Court of India · 2000-11-22

Hindustan Antibiotics Ltd. Etc vs Paremteral Drugs (India) Pvt. Ltd. Etc

Court
Supreme Court of India
Petitioner
Hindustan Antibiotics Ltd. Etc
Respondent
Paremteral Drugs (India) Pvt. Ltd. Etc
Bench
U.C. Banerjee, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the Madhya Pradesh High Court exceeded its jurisdiction by directing the State Government to prosecute officers of Hindustan Antibiotics Ltd. for supplying sub-standard I.V. Fluids without issuing a show cause notice or allowing an opportunity for defense, violating principles of natural justice. The Court emphasized that the core issue was whether the Government had absolute discretion in awarding contracts, and found that the High Court's opinion on sub-standard goods was obiter. The appeal was allowed, and the High Court's direction was set aside.

Hindustan Antibiotics Ltd. Etc vs Paremteral Drugs (India) Pvt. Ltd. Etc · Niyam