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Astra Pharmaceuticals (P) Ltd vs C.C.E on 16 December, 1994

" This was approved by a Division Bench of the same High Court in Union of India v. Indo-French Pharmaceutical Co.2 Reliance was, placed on Ramsey Pharma Pvt. Ltd. v. Superintendent, Central Excise3 for the Revenue and it was claimed that this decision was followed by the Tribunal and since it was based on correct interpretation of Explanation 1 the appellant was not entitled to any relief. It would be seen that in the decision rendered by the Allahabad High Court it is not clear if the container bore the name of the medicine as well. What has been extracted in the judgment is that the medicine has been manufactured by Ramsey Pharma Pvt. Ltd. As stated earlier if the container of the appellant would have stated that these were Astra Dextrose injections then it could be said that a relationship between the medicine and the manufacturer was established. The ratio laid down by the Madras High Court is approved as correctly enunciating the scope of Explanation 1. Since the appeal is being allowed on merits the question whether the Revenue was justified in reopening the case under proviso to Section 11-A of the Act is rendered academic and is not necessary to be decided.
Supreme Court of India Cites 6 - Cited by 102 - R M Sahai - Full Document

Veronica Pharmaceuticals vs Collector Of Central Excise on 17 March, 1992

On the contrary, the learned SDR Smt. Ananya Ray referred to the decision of the Allahabad High Court in the case of Ramsey Phama Private Ltd. v. Superintendent of Central Excise 1983 (12) E.L.T. 78 in which it was held by the High Court that calligraphic types used for the name "Ramsey" as distinct from the ordinary block letters together with the geometrical design of the circle in which the word "Ramsey" is printed both vertically and horizontally constituted a distinctive design so as to distinguish the medicines manufactured by the petitioners from the medicines manufactured by others. Thus, the criterion laid down in these decisions cited before us is whether a distinctive design is used which would distinguish the medicines in question from those manufactured by others. If this test is applied, the symbol in the form of inverted circle in sky blue colour with a mark inside and coloured rectangles of three distinct colours in a row constituting a design do indicate a distinctive mark on the labels of the appellants. The Collector has, therefore, correctly held that Neomycin Sulphate Capsules manufactured by the appellants on which labels with distinctive design were affixed was a Patent & Proprietary Medicine and we uphold that order.
Customs, Excise and Gold Tribunal - Delhi Cites 3 - Cited by 0 - Full Document
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