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november 2019

Supreme Court of India · 2019-11-15

M/S T.C.HEALTHCARE P. LTD. vs UNION OF INDIA

Citation / case number
SC 2010/15194
Court
Supreme Court of India
Petitioner
M/S T.C.HEALTHCARE P. LTD.
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision rejecting the writ petitions challenging the notifications dated 11th July 2006 and 30th April 2009 that imposed ceiling prices on drug formulations, specifically Frusemide. The Court found that the price fixation was not arbitrary and complied with the provisions of the Drugs (Price Control) Order, 1995, particularly Para 7, which allows for such regulation. The Court affirmed that the Central Government had sufficient basis for the price fixation, dismissing the appellants' claims of non-application of mind and lack of cost analysis.

M/S T.C.HEALTHCARE P. LTD. vs UNION OF INDIA · Niyam