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Emcure Healthcare Limited & Anr vs Drugs Controller General Of India & Anr on 22 January, 2020
cites
Section 26A in The Drugs And Cosmetics Act, 1940 [Entire Act]
The Indian Penal Code, 1860
Unison Pharamaceuticals Pvt. Ltd. vs Union Of India And Anr. on 8 January, 2019
29. I therefore find no merit in WP (C) 10114/2018, titled IPCA
Pharmaceuticals Limited & Anr vs. Union of India & Anr; WP (C)
10919/2018, titled Lupin Limited and Anr. vs. Union of India and Anr.;
WP (C) 11067/2018, titled Mankind Pharma Limited vs. Union of India
& Anr.; and WP (C) 11392/2018, titled M/s Wings Pharmaceuticals Pvt
Ltd and Anr. vs. Union of India and Anr. and the same are accordingly
dismissed. The pending applications shall stand disposed of. There shall
be no order as to cost.
Union Of India & Ors vs M/S. Cipla Ltd. & Anr on 21 October, 2016
19. As held by this Court in Unison Pharmaceuticals Pvt. Ltd. (Supra)
as also by the Supreme Court in Union of India and Others vs. Cipla
Limited and Another, (2017) 5 SCC 262, this Court cannot sit in appeal
over the opinion of experts and therefore, once it is found that the Expert
Committee has kept all relevant considerations in mind, this Court, in
exercise of its powers of judicial review, will not seek to substitute the
opinion of such experts.
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
WP(C) Nos.10098/2018, 10114/2018, 10919/2018 11067/2018 & 11392/2018 Page 19
Reference in this regard can be made to the judgment of the Supreme
Court in Mohinder Singh Gill & Anr. vs. The Chief Election
Commissioner, New Delhi & Ors., (1978) 1 SCC 405.
Union Of India vs Pfizer Limited on 15 December, 2017
46. In view of the above, this Court is of the view that the Impugned
Notification, insofar as it is stated to be applicable to the FDC of S (+)
Etodolac + Paracetamol, cannot be sustained. The same is set aside. The
matter is remanded back to DTAB/Sub-Committee constituted by it to
examine the issue regarding the said FDC in accordance with the
directions issued by the Supreme Court in Pfizer Limited and Others
(Supra). The DTAB/Sub-Committee shall submit its report to the Central
Government who may act thereon in accordance with law.
Section 5 in The Drugs (Control) Act, 1950 [Entire Act]
Wockhardt Limited And Anr vs Union Of India And Anr. on 7 January, 2019
43. As held by this Court in Wockhardt Limited and Anr. (Supra), this
Court can interfere with the Impugned Notification where it finds the
same to have been issued by excluding relevant consideration or without
giving any reasons on the submissions made by the manufacturers. The
present case would fall within this limited exception. It was for the
DTAB/Sub-Committee to have considered and given reasons whether
there is no difference between FDC of S (+) Etodolac + Paracetamol and
FDC of Etodolac + Paracetamol. This Court cannot, in exercise of its
power of Writ Jurisdiction, examine this aspect as it is no expert on the
same.
Ipca Laboratories Ltd And Anr vs Union Of India And Anr on 17 June, 2019
29. I therefore find no merit in WP (C) 10114/2018, titled IPCA
Pharmaceuticals Limited & Anr vs. Union of India & Anr; WP (C)
10919/2018, titled Lupin Limited and Anr. vs. Union of India and Anr.;
WP (C) 11067/2018, titled Mankind Pharma Limited vs. Union of India
& Anr.; and WP (C) 11392/2018, titled M/s Wings Pharmaceuticals Pvt
Ltd and Anr. vs. Union of India and Anr. and the same are accordingly
dismissed. The pending applications shall stand disposed of. There shall
be no order as to cost.