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november 2000

Supreme Court of India · 2000-11-22

M/S. HINDUSTAN ANTIBIOTICS LTD. vs M/S.PARENTERAL DRUGS(INDIA) P.LTD..

Citation / case number
SC 1990/72446
Court
Supreme Court of India
Petitioner
M/S. HINDUSTAN ANTIBIOTICS LTD.
Respondent
M/S.PARENTERAL DRUGS(INDIA) P.LTD..
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, violating principles of natural justice. The Court emphasized that the core issue was whether the Government has absolute discretion in awarding contracts, which was not adequately addressed by the High Court. The appeal was allowed, and the direction for prosecution was set aside.

M/S. HINDUSTAN ANTIBIOTICS LTD. vs M/S.PARENTERAL DRUGS(INDIA) P.LTD.. · Niyam