LAWS(SC)-2016-10-37

UNION OF INDIA Vs. CIPLA LTD.

Decided On October 21, 2016
UNION OF INDIA Appellant
V/S
CIPLA LTD. Respondents

JUDGEMENT

(1.) (a) The issues that arise in this batch of appeals are as follows:

(2.) We are primarily concerned with the Drugs (Prices Control) Order, 1995 (the DPCO 1995) and for historical reasons with the Drugs (Prices Control) Order, 1970 (the DPCO 1970), the Drugs (Prices Control) Order, 1979 (the DPCO 1979) and the Drugs (Prices Control) Order, 1987 (the DPCO 1987). All these Orders were issued by the Central Government in exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955. The appeals before us

(3.) The principal appeal before us and in which the leading submissions were made is Civil Appeal No. 329 of 2005 filed against Cipla. This appeal is directed against the judgment and order dated 3rd March, 2004 passed in Writ Petition (C) No.41214 of 2003 by the Division Bench of the Allahabad High Court.