Supreme Court Clarifies Tax on Medical Oxygen and Nitrous Oxide: Linde India Ltd. vs. State of Andhra Pradesh (2020) LEGAL ISSUE: Whether Medical Oxygen IP and Nitrous Oxide IP are taxable as drugs and medicines or as unclassified goods under the Andhra Pradesh Value Added Tax Act, 2005. CASE TYPE: Tax Law Case Name: The […]
Supreme Court Restores Restrictions on Biosimilar Drug Marketing: Genentech Inc. vs. Drug Controller General of India (2019) LEGAL ISSUE: Whether a biosimilar drug manufacturer can market their product with the same name as the original drug, despite not conducting all required tests and trials. CASE TYPE: Pharmaceutical Law, Intellectual Property Case Name: M/s Genentech Inc.
Supreme Court Clarifies Eligibility for Drug Inspector Posts: Maharashtra Public Service Commission vs. Sandeep Shriram Warade (2019) LEGAL ISSUE: Whether research experience in a laboratory is equivalent to practical experience in the manufacture or testing of drugs for the purpose of eligibility for the post of Assistant Commissioner (Drugs) and Drug Inspectors. CASE TYPE: Service
Supreme Court Upholds Conviction for Drug Sale Without License: State vs. Manimaran (2018) LEGAL ISSUE: Whether a person can be convicted for selling drugs without a valid license based on their admission, even if the previous owners of the shop are not examined as witnesses. CASE TYPE: Criminal Law – Drugs and Cosmetics Act Case
Can the Central Government ban a drug without consulting the Drugs Technical Advisory Board (DTAB)? The Supreme Court of India recently addressed this critical question regarding the interpretation of Section 26A of the Drugs and Cosmetics Act, 1940. This case examines the extent of the Central Government’s power to regulate drugs in the interest of
