Supreme Court · 1994 INSC 621 · Decided 16 December 1994

M/S Astra Pharmaceuticals (P) LTD. v. Collector of Central Excise, Chandigarh

Court
Supreme Court of India
Citation
1994 INSC 621 · [1994] SUPP. 6 S.C.R. 692
Case number
CIVIL APPEAL No. 3403/1987
Decided
16 December 1994
Bench
R.M. SAHAI, K.S. PARIPOORNAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Central Excises and Salt Act, 1944: Central Excise Tariff-Item 14E­ Explanation I and II-Scope and interpretation of 20% Dextrose Injections '-Cover carrying the name 'AP-Astra'- C Injections mentioned in Pharmacopoeia-Held injections were not patent and proprietary medicines dutiable under the manufacturer-It did not establish any relationship between mark and medicine~Distinction between 'House Mark' and 'Product Mark' in respect of pharmaceutical D products discu~sed E F G . The appellant was manufacturing 20% dextrose injections carrying the name 'AP-Astra'. It being

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