context of interpretation of DPCO,1970
and DPCO,1979 whereas the present matters are concerned with DPCO,1987 and
DPCO,1995. Relying upon a decision ... issued DPCO,1979. The
DPCO,1970 was accordingly repealed. DPCO,1979 is repealed by DPCO,1987 and
DPCO,1987 is repealed by DPCO,1995
Drugs (Prices Control) Order, 1995 (hereinafter referred to as ‘DPCO, 1995’
for short). Learned Single Judge set aside the Notifications aforesaid and
held that ‘Doxofylline ... meaning ascribed to
it under para 2(a) of the DPCO, 1995.
3. The factual matrix of the case is as follows:
On 14th
calculated with reference to the
printed MRP when Para 19 (1) DPCO 1995
makes it incumbent on the manufacturer or the
wholesaler as the case ... case of Scheduled drugs."
By definition under the DPCO 1995 the "retail
price" includes the ceiling price. Likewise, under
Para
M/S Santuka Associates Pvt. Ltd vs All India Organization Of Chemists And ... on 19
that these drugs were not covered under the Drugs
(Prices Control) Order 1995 and treated as non scheduled
drugs, manufacturer were at liberty ... trade
margin is specified in respect of non scheduled formulations
under DPCO, 1995.
14. That recently the Government has notified DPCO,
2013 on 15.6.2013. There
issued for monitoring of prices of non-scheduled drugs as per DPCO 1995. In
case if there is an increase of about 10% within
paragraph 22 of the Drug
(Price Control) Order, 1995 (hereinafter referred to as the "DPCO").
It is the Central Government that is entitled ... functions of the Central Government in respect of various
paragraphs of the DPCO. However, paragraph 22 i.e. the power of
review is not mentioned
selling price of some drugs based on the
DPCO (Drug Price Control Order) 1995 which is binding on all
manufacturers of those controlled drugs ... Reddy's Laboratories Ltd.
Government of India in DPCO (Drug Price Control Price) 1995 by
overcharging the sale price for Norfloxacin formulation.
6.2 Assessee
Drugs (Prices Control) Order, 2013
UNION OF INDIA
India
Drugs (Prices Control) Order, 2013
Rule
