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Showing posts from May, 2019

Hon. Supreme Court : "Incomplete "F" Form filling shows dishonesty of Doctors. 'F' form is not mere clerical work.

Case Details : Before hon' Supreme Court of India WRIT PETITION (CIVIL) NO.129 OF 2017 Federation of Obstetrics and Gynecological Societies of India (FOGSI) V/s. Union of India Coram : Hon'ble Arun Mishra and Hon'ble Vineet Sharan JJ. Decided on " 03/05/2019 Judgment Link : https://www.supremecourtofindia.nic.in/supremecourt/2016/42056/42056_2016_Judgement_03-May-2019.pdf Facts in Brief. 1. In its 92 pages judgment, their Lordships have upheld the Constitutional Validity of the provision of F Form and criminal action U/sec.23 and 24 as envisaged in PCPNDT Act, the provision which the Doctors feel as  dreadful. 2. The FOGSI challenged vires of these provisions as violative fundamental rights of Right to practice profession as well as Right to life, as envisaged under Constitution. It was contended that the main object of  the Act of preventing sex determination techniques and curbing f...

PCPNDT : Hon. 'Supreme Court' gives relief to Doctors in 'F forms' technical defects cases.

Case Details : Dr. Radhakrishna V/s. State of Maharashtra Criminal Appeal No.427/2019 Before : Hon. Supreme court of India Decided on : 05/03/2019 Coram : HON'BLE THE CHIEF JUSTICE Mr. RANJAN GOGOI & HON'BLE MR. JUSTICE SANJIV KHANNA. Judgment Link : https://indiankanoon.org/doc/32597862/ Facts in Short : 1. The Petitioner Doctor challenged the order of Hon. Bombay High Court,  bench at Aurangabad, dated 9th May, 2014 refusing to quash and set aside the criminal proceedings  under Sections 23 and 29 of PCPNDT Act. 2. The allegations/lacunas against the Doctor made in the Compliant dated 05/12/2012 were as under : i) Form “F” column no.11 and 9 was not as per the provisions of the PCPNDT Act. Words "Invasive" and "Non-Invasive" were not printed on F Forms.  ii) Old Aloka Sonography portable machine was kept in the store room and it  was not entered in the registration certificate. iii) The time table of Sonologist was not mentione...