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october 2016

Supreme Court of India · 2016-10-21

Union Of India & Ors vs M/S. Cipla Ltd. & Anr

Citation / case number
AIR 2017 SC (CIVIL) 1
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
M/S. Cipla Ltd. & Anr
Author
Madan B. Lokur
Bench
Madan B. Lokur, R.K. Agrawal

Judgment text excerpt

The Supreme Court examined the validity of notifications issued under the Drugs (Prices Control) Order, 1995, specifically addressing whether they were issued mechanically without proper application of mind, as per Paragraph 7 of the DPCO 1995. The Court held that the notifications re-notifying norms for conversion costs and retail prices were invalid due to lack of re-determination as required by law, thus invalidating approximately 40 notifications fixing retail prices. The Court emphasized the necessity of adhering to procedural requirements under the Essential Commodities Act, 1955, affirming the need for proper determination of costs before fixing prices.

Union Of India & Ors vs M/S. Cipla Ltd. & Anr · Niyam