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november 2011

Supreme Court of India · 2011-11-24

UNION OF INDIA vs GLAXO INDIA LTD.

Citation / case number
SC 2002/14295
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
GLAXO INDIA LTD.
Author
H.L. Dattu
Bench
CHANDRAMAULI KR. PRASAD H.L. DATTU

Judgment text excerpt

The Supreme Court addressed the legality of the Central Government's demand for drug price adjustments based on the Drug Prices Equalization Account, specifically examining the validity of price fixation under the Drugs (Price Control) Order, 1979. The Court held that the supersession of a notification does not have retrospective effect unless explicitly stated, thereby ruling that the demand based on the 1989 price fixation was unjustified. Consequently, the Court directed the Central Government to reassess its demand in light of the established legal principles under DPCO 1979.

UNION OF INDIA vs GLAXO INDIA LTD. · Niyam