Regulations
Bombay HC asks NSE to pay Rs50 lakh as cost, donation in Moneylife case
While dismissing NSE's notice of motion, the High Court asked the Exchange to pay Rs3 lakh as cost to Sucheta Dalal and Debashis Basu of Moneylife and pay Rs47 lakh as donation to two hospitals within two weeks
 
The Bombay High Court on Wednesday, while dismissing National Stock Exchange (NSE)'s notice of motion, asked the bourse to pay Rs1.5 lakh each to Sucheta Dalal, Managing Editor of Moneylife and Debashis Basu, Editor & Publisher of Moneylife as cost and Rs47 lakh to two trusts, Tata Memorial and Masina Hospital as donation within two weeks.
 
In his order, Justice Gautam S Patel, observed that Courts cannot be treated as playground. "....NSE ignored three messages sent across by Ms Dalal seeking a response before the story was published. This shows that either the NSE was arrogant or there was an element of truth in the allegations, and that NSE had nothing to say," he said. 
 
NSE had filed the case against Moneylife, Ms Dalal and Mr Basu for writing two articles, Blowing the Whistle on Manipulation in NSE and High-frequency Trading Needs a Detailed Probe. The articles apparently made the regulators to swung into action against the increasing influence of algorithm trading or high frequency trading (HFT) ().

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COMMENTS

saurabh dikshit

1 year ago

Congratulations !!

Anup Kumar Chakravarty

1 year ago

Great. Congratulations.

Sanjeev Dhabre

1 year ago

Congrats!!!

MAHESH VORA

1 year ago

Congratulations to Ms.Suchita Dalal and CA Debasish Basu , on winning the suit at Bombay High Court and especially for Donating the huge sum of Rs.50 lacs for noble cause.

Gandhali Girme

1 year ago

Maam ...congrats to you and your team

Vaibhav Dhoka

1 year ago

Congratulations to duo and team,Truth prevails.

R Choksi

1 year ago

Congratulations to both of you and your team.

Raj K Swamy

1 year ago

Congrats.Great job-keep it up. What penalty did the court impose on the officials who did not answer moneylife queries. Also what action is taken by nse board to ascertain the extent of nexus between HFT and its officials- how will nse ensure a level playing field or will it admit there is no level playing field?

Vaibhav Trivedi

1 year ago

Congratulations!

S A Narayan

1 year ago

Good luck to Sucheta and Debashis.Thankless public service sometimes does get rewarded!

S A Narayan

1 year ago

Good luck to Sucheta and Debashis.Thankless public service sometimes does get rewarded!

manoharlalsharma

1 year ago

Courts cannot be treated as playground. but only in few cases like this and there r crores of cases pending necessarily and peoples dying without JUSTICE loosing there properties to lawyers fee.

Ravindra Shetye

1 year ago

This is a good step forward. However, the money of fine goes out of NSE which is Taxpayers' Money. It has to go out of the salaries of the arrogant officers who brought about this situation. Can someone make an appeal to tis effect in the Court?

Senior Citizen

1 year ago

Why High Court did not take suo moto cognizance of possible criminal acts of NSE management and order criminal probe against the corrupt officials of NSE?

REPLY

NARENDRA NEGANDHI

In Reply to Senior Citizen 1 year ago

fully agree with your view. not only the penalty but criminal action should be taken against these guys.

Vishal Modi

1 year ago

Whew! Thank God!

Nifty, Sensex may gain more subject to dips - Wednesday closing report
Nifty has to stay above 7,740 for the rally to continue
 
We had mentioned in Tuesday’s market report that Nifty, Sensex will rally subject to dips and that Nifty has to stay above 7,650 for the rally to continue. A global rally sponsored by reforms and stimulus measures by the Chinese government supported the Indian equity markets and the major indices in the Indian stock markets advanced by 1%-2%.
 
 
A global rally sponsored by the Chinese government's reforms and expected stimulus coupled with the union cabinet's approval of spectrum trading, gold bonds and hike in dearness allowance buoyed Indian equity markets on Wednesday.
 
The positive signs from the government on the reforms front especially on the passage of the goods and services tax (GST) bill, Prime Minister Narendra Modi's meeting on Tuesday with industry representatives, upcoming seventh pay commission and a strengthening rupee supported the upward movement of the markets.
 
The relief rally got extended a day after the 30-scrip sensitive index (Sensex) of the Bombay Stock Exchange (BSE) rose 424.06 points or 1.70 percent. 
 
Similarly, bullish sentiments were seen on the wider 50-scrip Nifty of the National Stock Exchange (NSE). The CNX Nifty closed higher by 130.25 points or 1.70 percent at 7,818.60 points.
 
Analysts said the reforms being initiated by the Chinese government boosted investor confidence world over and extended the relief rally. Expectations of a new stimulus package in China has also soared the confidence of investors.
 
The Chinese government has announced plans to increase funding to infrastructure projects and in part provide a stimulus package that might include tax breaks and other incentives. Further announcements on increased spending are expected.
 
The rupee too gained strength for a second day in a row. The Indian rupee closed at 66.41 to a dollar -- a gain of 14 paise from its previous close of 66.55 to a greenback. The rupee had touched an intra-day weakest point of 66.23.
 
Market observers elaborated that the rally was also supported by the cabinet’s decision, PM's message to increase industry's investments, the upcoming seventh pay commission and cooling oil prices.
 
Sector-wise, all 12 sub-indices of the BSE made gains during the day's trade.
 
The S&P BSE automobile index zoomed by 498.96 points, banking index rocketed by 316.61 points, capital goods index augmented by 2270.04 points, metal index gained by 251.98 points and consumer durables index increased by 234.19 points.
 
The S&P BSE information technology (IT) rose by 151.20 points and oil and gas index was higher by 121.02 points.
 
Major Sensex gainers during Wednesday's trade were: Hindalco Industries, up 7.97% at Rs.78.60; Vedanta, up 6.85% at Rs.99.85; NTPC, up 5.50% at Rs.120.85; Tata Steel, up 4.57% at Rs.239.25; and Tata Motors, up 3.98% at Rs.344.90.
 
The major Sensex losers were: Sun Pharma, down 0.63% at Rs.840; Gail, down 0.39% at Rs.293.90 and Wipro, down 0.23% at Rs.561.
 
The top gainers and top losers of the major indices are given in the table below:
 
 
The closing values of the major Asian indices are given in the table below:
 
 

User

Medicine Prices -Part1: Pricing of Pharmaceutical Drugs in India
India has been effective in reining in the pricing of essential medicines. However, pharma companies follow pricing of developed countries for selling patented drugs, which make them significantly expensive in India
 
The Indian pharmaceutical industry, driven by knowledge, skills, cost efficient manufacturing base and high quality standards has witnessed a rapid growth over the last couple of years. The industry in India is the world's 3rd largest in terms of volume and stands 14th in terms of value. The lower rank in value is due to the fact that prices of Indian medicines are amongst the lowest in the world. However, despite this the medicine costs continue to be an important component in overall healthcare expenditure in the country. The majority of pharmaceutical expenses are borne by individuals in India as opposed reimbursement of pharmaceutical products by state or private insurance companies in developed countries. In this regard, it is imperative for the government to have a mechanism to make the pricing of essential drugs fair in India.
 
Price control over drugs was first introduced in the country after Chinese aggression with the Promulgation of the Drugs Order 1962 (Display of prices) and Drugs Order 1963 (Control of Prices).  With these orders, the prices of drugs were frozen from 1st April 1963. Thereafter, a series of price control regimes were notified through various orders in the country from time to time based on different principles, in which the span of control of prices as well as the nature of control of prices varied from order to order.
 
The government is seized with the goal of enabling industry growth whilst balancing the declared objective of providing better healthcare including making available essential medicines at reasonable prices to all. To accomplish the stated goal of providing affordable medicines, government enunciated “National Pharmaceuticals Pricing Policy 2012” (NPPA 2012).
 
The National Pharmaceuticals Pricing Policy seeks to limit itself to objective of promulgating the principles for pricing of Essential Drugs as laid down in the “National List of Essential Medicines – 2011” declared by Ministry of Health.
 

Key Principles of National Pharmaceutical Pricing Policy 2012

 
 

Success Story of NPPA so far

The reduction in prices has been cheered by end-users who have seen the prices fall by a significant amount in some cases. In response to a query in parliament earlier this year, the Minister of State for Chemicals and Fertilizers shared the following statistics on price reductions for medicines.
 
Total Medicines to be covered under DPCO 2013 for price control: 628 medicines
Ceiling price fixed: 509 medicines
 

Price reduction for 509 medicines  

 
 
Clearly, the introduction of price controls has served their purpose in benefiting the patients and will help save hundreds of crores of every year.
 

Pricing of Drugs not included in NLEM:

The pharmaceutical companies (generic/innovator) are free to price drugs not included in NLEM based on their own commercial assessment.
 
However under Paragraph 19 of DPCO, “Government may, in case of extra-ordinary circumstances, if it considers necessary so to do in public interest, fix the ceiling price or retail price of any drug for such period, as it may deem fit and where the ceiling price or retail price of the drug is already fixed and notified, the Government may allow an increase or decrease in the ceiling price or the retail price, as the case may be, irrespective of annual wholesale price index for that year”.
 
The NPPA made a bold move in July 2014 to cap the prices of 108 drugs which were not included in NLEM. These drugs were for treating cardiovascular ailments, diabetes and HIV. This move was strongly opposed by pharmaceutical industry and due to intense pressure from pharmaceutical companies, the government subsequently withdrew guidelines for price control issued under Para 19 of the Drug Prices Control Order for drugs outside NLEM. This was a huge blow to efforts of NPPA/ government to cover drugs outside NLEM in the interest of public at large.
 

Pricing of Patented Drugs in India

As we have seen above, the government has been effective in reining in the pricing of essential medicines which has benefited the Indian masses. However, most of the recently launched patented drugs do not fall under the ambit of NPPA as the drugs are not a part of NLEM. Thus the innovator companies are free to price the patented products in the market as per their own commercial objectives and in most cases the pricing of patented products in India follows the pricing in developed countries, which makes these drugs significantly expensive than existing standards of care in India.
 
Under the DPCO Order of July 2014, wherein 108 drugs not included in NLEM were covered; the list also included a patented drug i.e Sitagliptin by Merck, the price of which was brought down marginally from Rs42.7 to Rs41.8 per tablet. While the reduction was in no way meaningful, it was a step in the right direction to bring in innovative drugs as well under the ambit of NPPA. However, there were questions also raised on process to decide the price of innovator drug in India. As mentioned earlier, the DPCO order of July 2014 was subsequently withdrawn and an opportunity to cover patented drugs under ambit of NPPA was lost.
 
While there is no clear pathway in India to decide the pricing of patented drugs based on incremental efficacy/benefit of patented drug vs existing standard of care, western countries are now closely assessing the incremental health benefits of a new drug before deciding on the pricing of a newly launched drug. This is important as governments reimburse the pharmaceutical expenses in many western countries and with shrinking healthcare budgets, payers in these countries assess the benefits outcome data before deciding on the reimbursement price of a newly launched drug.
 
In the next part, we will take a closer look at the pricing approval system in Germany wherein the country has adopted new guidelines to decide on pricing of new drugs and we will share with you an example of a diabetes drug that has been withdrawn from German market by an innovator company as it could not get the desired pricing (as they could not prove added benefit over existing treatment) but is selling like hot cakes in India. Can the Indian government take a lesson from Germany here to bring innovator drugs?
 
(Sandeep Khurana is an independent consultant and researcher. Views expressed here are personal. He can be reached at his twitter Id @IQnEQ)
 

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COMMENTS

MOHAN SIROYA

1 year ago

I do not think that this mess of patented drug pricing vs. the industrial growth visa-vis the corrupt practices of Doctors in collusion with the pharma companies, the easy solution to me is le the patients in general go to Chemists or Govt. designate stores for Generic Medicines "AAUSH" etc. and ask for the GENERIC medicines which are equally reliable and equivalent to these patented drugs and also made as BRANDS. They should just ensure that the Generic equivalent contain same combination of types of basic drug in the same proportion as the patented medicines have.
Now a days, there are many such Public spirited Chemists who are offering and publicizing this facility at 20 to 80 percent discount of the price of the patented drug .
Earlier due to cost of Patented medicines my monthly quota used to cost me Rs. 1500/- .Now since I adopted for the Generic brands, my cost ahs come down to less than Rs. 600 p.m.
Herein below I paste a scanned copy of such "Offer" pamphlet for the information of others.
( Sorry in the comment there is no provision for attaching or pasting any scanned photo )

Prakash Bhate

1 year ago

Extending the logic of 'drug prices in India are amongst the lowest in the world' a loaf of bread costs about a dollar in the US. In India it costs Rs 30. Therefore, food is cheaper in India than in the US. Really?

Deepak SB

1 year ago

सभी ईमानदार डॉक्टर्स से क्षमा सहित
--------------------------------
आपके पिता जी को "हार्ट अटैक" हो गया...
डॉक्टर कहता है Streptokinase इंजेक्शन ले के आओ...
9000 रु का... इंजेक्शन की असली कीमत 700 - 900 रु के बीच है... पर उसपे MRP 9000 का है।
आप क्या करेंगे??
--------------------------------
आपके बेटे को टाइफाइड हो गया...
डॉक्टर ने लिख दिया कुल 14 Monocef लगेंगे।
होलसेल दाम 25रु है. अस्पताल का केमिस्ट आपको 53 रु में देता है...
आप क्या करेंगे??
--------------------------------
आपकी माँ की किडनी फेल हो गयी है...
हर तीसरे दिन Dialysis होता है...
Dialysis के बाद एक इंजेक्शन लगता है (नाम मुझे मालूम नहीं)
MRP शायद 1800 रु है।
आप सोचते हैं की बाज़ार से होलसेल मार्किट से ले लेता हूँ।
पूरा हिन्दुस्तान आप खोज मारते हैं, कही नहीं मिलता... क्यों?
कम्पनी सिर्फ और सिर्फ डॉक्टर को सप्लाई देती है।
इंजेक्शन की असली कीमत 500 है पर डॉक्टर अपने अस्पताल में MRP पे यानि 1800 में देता है...
आप क्या करेंगे ??
--------------------------------
आपके बेटे को इन्फेक्शन हो गया है...
डॉक्टर ने जो Antibiotic लिखी वो 540 रु का एक पत्ता है.
वही salt किसी दूसरी कम्पनी का 150 का है और जेनेरिक 45 रु का...
पर केमिस्ट आपको मना कर देता है... नहीं जेनेरिक हम रखते ही नहीं, दूसरी कम्पनी की देंगे नहीं...
वही देंगे जो डॉक्टर साहब ने लिखी है... यानी 540 वाली?
आप क्या करेंगे??
--------------------------------
बाज़ार में Ultrasound 750 रु में होता है...
चैरिटेबल डिस्पेंसरी 240 रु में करती है।
750 में डॉक्टर का कमीशन 300 रु है।
MRI में डॉक्टर का कमीशन 2000 से 3000 के बीच है।
डॉक्टर और अस्पतालों की ये लूट, ये नंगा नाच बेधड़क बेखौफ्फ़ देश में चल रहा है।
Pharmaceutical कम्पनियों की lobby इतनी मज़बूत है की उसने देश को सीधे सीधे बंधक बना रखा है।
स्वास्थय मंत्रालय और सरकार एकदम लाचार है।
डॉक्टर्स और दवा कम्पनियां मिली हुई हैं।
दोनों मिल के सरकार को ब्लैकमेल करते हैं...
सरकार पूरी तरह लाचार है? या नकारा? नपुंसक ?
--------------------------------
यक्ष प्रश्न... मीडिया दिन रात क्या दिखाता है
लाल किताब बेचता है,
समोसे के साथ बाबा जी की हरी चटनी,
सास बहू और साज़िश,
सावधान, क्राइम रिपोर्ट,
राखी सावंत, Bigboss,
Cricketar की Girl friend,
बिना ड्राईवर की कार,
गड्ढे में गिरा प्रिंस...
सब दिखाता है...
पर Doctors, Hospitals और Pharmaceutical कम्पनियों की ये लूट क्यों नहीं दिखाता?
--------------------------------
मीडिया नहीं दिखाएगा तो कौन दिखाएगा??
मेडिकल lobby की दादागिरी कैसे रुकेगी??
इस lobby ने सरकार को लाचार कर रखा है।
media क्यों चुप है?
क्या मीडिया को भी खरीद लिया है फार्म कंपनी ने??
2000 रु मांगने वाले ऑटो वाले को तो आप कालर पकड़ के मारेंगे चार झापड़...
डॉक्टर साहब का क्या करेंगे??

Vijay Bapat

1 year ago

The article does not really give a true picture of the Indian pharma industry, nor does it critically examine the role of NPPA and the controlling Ministry of Chemicals and Fertilisers.

Although drug prices in India are considerably lower than the West, DPCO is a joke perpetrated on the gullible society.

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