Category: Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

2024 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kumar and…

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

2024 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kumar and…

Bird and Company Limited (Acquisition and Transfer of Undertaking and Other Properties) Act, 1980 – Sections 3 and 7 – Renewal of mining leases granted to Bird and Company Limited, which were later vested in Bharat Process & Mechanical Engineers Limited (BPMEL) after nationalization. BPMEL, in liquidation, and its subsidiary OMDC are central to the case – The dispute revolves around the renewal of three expired mining leases: Kolha-Roida, Thakurani, and Dalki – TGP Equity Management Private Limited, an assignee of UCO Bank’s claims against BPMEL, seeks renewal or transfer of these leases – The Government of Odisha and the Union of India argue against renewal, citing BPMEL’s non-operation and financial constraints – The Supreme Court dismissed TGP’s appeals and upheld the State of Odisha’s order, rejecting the renewal of the Kolha-Roida lease – The Thakurani and Dalki leases are also rejected, citing the impracticality of renewing leases for a defunct company and the lack of a viable mining operation plan – The dispute should be resolved, with dues settled under the Companies Act, 1956.

(2024) INSC 440 SUPREME COURT OF INDIA DIVISION BENCH CHIEF SECRETARY GOVERNMENT OF ODISHA — Appellant Vs. BHARAT PROCESS AND MECHANICAL ENGINEERS LIMITED (IN LIQUIDATION) AND OTHERS — Respondent (…

Employees’ State Insurance Act, 1948 – Sections 75(1)(g) and 90- The Supreme Court ruled that Nagar Nigam’s workshop was a ‘factory’ under the Act of 1948, and that it was engaged in a manufacturing process with over 20 workers – The Corporation argued that the workshop was a ‘factory’ and should pay contributions under the Act – Nagar Nigam argued that their workshop was not a ‘factory’ and their employees were not engaged in a manufacturing process – The Supreme Court allowed the appeal, quashed the High Court’s order, and clarified that Nagar Nigam could seek exemption under Section 90 of the Act of 1948 – The Court relied on precedents and statutory provisions of the Act of 1948 to determine that the workshop was a ‘factory’ and subject to the Act’s provisions – The Supreme Court concluded that the High Court erred in its judgment and Nagar Nigam should have approached the Insurance Court instead of invoking writ jurisdiction.

(2024) INSC 441 SUPREME COURT OF INDIA DIVISION BENCH THE EMPLOYEES STATE INSURANCE CORPORATION LTD. — Appellant Vs. NAGAR NIGAM ALLAHABAD AND ANOTHER — Respondent ( Before : J.B. Pardiwala…

Maharashtra Stamp Act, 1958 – Sections Section 47(c)(1) and 47(c)(5) and 48 – Bombay Stamp Rules, 1939 – Rules 21 and 22A – Refund of stamp duty paid for an un-executed conveyance deed – The High Court upheld the respondents’ decision, but the Supreme Court allowed the appeal and set aside the impugned order and orders of the respondents – The court held that the case of the appellant was fit for refund of the stamp duty paid, as the appellant was a bonafide purchaser who had paid the stamp duty in good faith but was a victim of fraud played by the vendor – The court also referred to the judgment in Committee-GFIL v. Libra Buildtech Private Limited & Ors., which stated that when the State deals with a citizen, it should not rely on technicalities, and the expiry of the period of limitation prescribed under any law may bar the remedy but not the right.

(2024) INSC 443 SUPREME COURT OF INDIA DIVISION BENCH BANO SAIYED PARWAZ — Appellant Vs. CHIEF CONTROLLING REVENUE AUTHORITY AND INSPECTOR GENERAL OF REGISTRATION AND CONTROLLER OF STAMPS AND OTHERS…

Societies Registration Act, 1860 – Section 15 – Defaulting Member – Notice for meeting of election – A clear reading and interpretation of the proviso to Section 15 of the Societies Registration Act, 1860 would disentitle such defaulting members from being given any notice even if their membership was not terminated or ceased – However, the effect of the proviso to Section 15 of the Registration Act which admittedly is applicable to the Society, the Objectors have to be treated as suspended members and therefore, would not be entitled to any notice as they had no right to vote or to be counted as members.

SUPREME COURT OF INDIA DIVISION BENCH ADV BABASAHEB WASADE AND OTHERS — Appellant Vs. MANOHAR GANGADHAR MUDDESHWAR AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

The primary issue is whether the amalgamation of companies and the resulting transfer of leasehold rights amount to a transfer under the lease deed, requiring payment of unearned increase value to Delhi Development Authority (DDA) – The Court reasoned that the amalgamation did result in a transfer as per the lease deed’s clauses and that the appellant is liable to pay the unearned increase – The appeal was dismissed, confirming DDA’s demand for unearned increase value, and the respondent-DDA was allowed to withdraw the deposited amount with interest.

SUPREME COURT OF INDIA DIVISION BENCH M/S. JAIPRAKASH INDUSTRIES LTD. (PRESENTLY KNOWN AS M/S. JAIPRAKASH ASSOCIATES LTD.) — Appellant Vs. DELHI DEVELOPMENT AUTHORITY — Respondent ( Before : Abhay S.…

Railways Act, 1989 – Section 106 – Notice of claim for compensation and refund of overcharge.- The court examines the distinction between ‘overcharge’ and ‘illegal charge,’ the requirement of notice under Section 106, and the applicability of past cases like Birla Cement Works and West Coast Paper Mills – The court analyzes the scope of Section 106, the reasons for revising freight charges, and whether the revision was due to a new methodology or an error in the existing notified freight charges – Held,, that the chargeable distance of 444 km was illegal

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. M/S INDIAN OIL CORPORATION LTD. — Respondent ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Civil…

Words and Phrases – “Rurban” – The term “Rurban” is a blend of the words “rural” and “urban.” – It refers to areas that exhibit characteristics of both rural and urban environments – These regions often combine elements of agriculture, small-scale industry, and limited urban infrastructure – The concept of “Rurban” aims to bridge the gap between rural and urban development, fostering sustainable growth and improving the quality of life for residents.

SUPREME COURT OF INDIA DIVISION BENCH TAPAS KUMAR DAS — Appellant Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS — Respondent ( Before : Dipankar Datta and Sanjay Kumar, JJ. )…

Special Court (Trial of Offences relating to transactions in Securities) Act, 1992 – Sections 3(2) and 3(3) – Attachment of Property – Properties of the person notified under Section 3(2) would stand attached automatically with effect from the date of notification by virtue of Section 3(3).

SUPREME COURT OF INDIA DIVISION BENCH SUMAN L. SHAH — Appellant Vs. THE CUSTODIAN AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Sandeep Mehta, JJ. ) Civil…

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