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Showing posts from October, 2018

PCPNDT High Court relief : If the procedure to seize the records itself is illegal, no liability for improper records can be saddled upon Doctors.

Hon. Bombay High Court has given to solace to Doctors against highhanded action of PCPNDT Authorities. Case Details : Navi Mumbai Municipal Corporation V/s. M/s. Manjurshree Diagnostic Center Cri. Appl. No. 488/2014, Decided on 25/10/2018 Judgment Link : https://indiankanoon.org/doc/140551668/ Facts in short : 1. The Municipal Corporation filed application against the acquittal of the Respondents by the Trial Court from the offenses under PCPNDT Act. 2. It was contended on behalf of the Corporation in the relevant period about 69 sonographis were performed by the Respondent, however there was no proper record maintained as envisaged under rule 9 of the said Act. Hence they ought not to have been acquitted. 3. Per Contra, it was argued on part of the Respondent that the procedure to seize the documents was itself not legal. Even the Constable who was supposed to be an independent witness was also put outside during the process of search and seizure. The pri...

PCPNDT Act : Can USG be performed by even by MBBS after 6 months training ? : What are the effects of Hon. Supreme Court's order..

"Prima facie the judgment of the Delhi High Court has trenched upon an area of legislative policy"  The 3 judges bench of Hon. Supreme Court observed this while staying the judgment of  Hon. Delhi High Court. Hon. Delhi High Court .  Case details : Union of India V/s. Indian Radiological and Imaging Association of India & ors. SLP. Nos. 166657-59 of 2016. Interim Order dated :14th March, 2018 by the three judges Bench. Coram : Hon. Dipak Misra (the then Hon.C.J.I.), Hon. D.Y. Chandrachud and Hon. A.M. Khanwilkar, JJ. Order Link : https://www.sci.gov.in/supremecourt/2016/20683/20683_2016_Judgement_14-Mar-2018.pdf Facts in Short : 1. The Hon. Supreme Court was dealing with 2 sets of Petitions with 2 main questions. i.e. the Strict implementation of PCPNDT Act and the later petitions were relating to the challenge of Judgment of Hon. Delhi High Court in relation to 6 months training rule. 2. In first part of the Judgment Hon. Apex Co...