PCPNDT ACT

Doctors' License to run Sonography Clinic  restored as the action of suspension of license was held to be illegal. The Criminal Action initiated under PCPNDT Act was also quashed and set aside by Hon. Bombay High Court. Adv. Rohit Erande Case details : Dr. Tanuja and Dr. Shriniwas Barde  V/s.  State of Maharashtra and A.A., PCPNDT Act,  Medical Officer, Nanded. Cri. Appl. No.520/2018 ,dated 08/08/2018 Link of the judgment : https://indiankanoon.org/doc/29733914/ Doctors' License to run Sonography Clinic  restored as the action of suspension of license was held to be illegal. The Criminal Action initiated under PCPNDT Act was also quashed and set aside. Facts in short : 1. The Doctor couple, a Gynecologist and her Chest Specialist husband from Dist. Nanded, Maharashtra, approached Hon. High Court thereby challenging the criminal action initiated against the...

USG Report given carelessly amounts to unethical practice and thus costed Rs.15 lakhs to Drs.. Adv. Rohit Erande. (In my opinion, this case is yet again another reason to amend MTP Act) http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F221%2F2010&dtofhearing=2016-05-16 In a case of ANIL DUTT & ANR. V/s. VISHESH HOSPITAL, INDORE & ORS., the National Commission passed strictures upon the Radiologists / Sonologists for not adhering to . Hippocratic Oath ! Case of the Complainant. : 1. The Wife of the Complainant was under treatment of Doctors during her pregnancy. IT was contended that the concerned sonologists / radiologists gave wrong reports at both occasions after 20 weeks ,which resulted into serious consequences. 2. When the female-baby was born, she  was found not fully developed & her left arm and kidney were missing and even lungs were not completely developed and had fused spinal cord. Th...

Can Licenses required for running genetic / ultrasound clinics be renewed when the cases under PCPNDT Act are pending ? - Hon. Rajasthan High Court said "NO", whereas Hon. Bombay High Court and Punjab and Haryana High Court have  decided in favour of Doctors stating that such applications can be made subject to provisions of the Act. Hon. Rajasthan High Court was dealing with various similar petitions filed by no. of aggrieved Doctors whose licenses required to run the clinics were not renewed as cases were pending against them.  Case Details : Dr. Rajesh Gaur V/s. State of Rajasthan & ors. Civi. W.P.no. 5858/2015, deiced on 22/10/2018 HON'BLE MR. JUSTICE VIJAY BISHNOI  Judgement Link : https://indiankanoon.org/doc/47312283/ Facts in Short : 1.Various  Doctors from Rajasthan approached Hon'ble high Court as thier applications to renews the licenses to run clinic were rejected and not renewed subseque...

An Important relief in PCPNDT Act : By Hon. Punjab & Haryana High Court. In the case of Dr. J.S. Sodhi V/s. State of Haryana, CRR No.2475/2009, decided on 20/03/2018. CORAM : His Lordship H.S. Madaan. Judgment Link : https://indiankanoon.org/doc/32638737/ Facts in Short : 1. The Petitioner Doctor challenged the order of 2 years conviction and fine of Rs.5000/- for offenses under PCPNDT ACT, passed by Ld. Sub-Divisional Magistrate Mobile Court, Ferozepur and confirmed by Ld. Sessions Court , Nuh. 2. The Prosecution case was that on 17/09/2007, a team comprising of CMO, Ferozepur Zirka and a Drug Inspector was constituted by A.A., Mewat. The team on compliant, raided the hospital of the Dr. Sodhi and sent a decoy customer Smt. Omwati. She was given the currency notes with distinctive nos which were noted down. She deposited same money for her sonography. The moment she was handed over the sonography report, after the decided signal, team con...

"A woman has to be regarded as an equal partner in the life of a man. It has to be borne in mind that she has also the equal role in the society i.e. thinking, participating and leadership" - Supreme Court.... A recent 43 pages landmark Judgment  of Apex Court on PCPNDT ACT.. The Petition was filed to seek appropriate guidelines to curb the evil of female foeticide.  The Petition of IMA was also tagged with the original petition, wherein IMA contended the misuse of PCPNDT Act and most importantly F Form provision and prayed for framing appropriate guidelines and safeguard parameters, providing for classification of offences as well.. But no substantive reliefs have been granted per se... http://judis.nic.in/supremecourt/imgs1.aspx?filename=44287 (Voluntary Health Association  of Punjab Versus Union of India and Others. (08/11/2016) W.P. Civil No.349/2006) Let's see in brief... 1. The Apex Court first dealt with question of Female foeticide..Almos...

The Division Bench of Hon. Bombay High Court has granted huge relief against seizure of Sonography Machines. Case Details : Dr. Ramesh Bole V/s. State of Mahrashtra & ors., WP No.2349/2017. (Aurngabad Bench) Link : https://indiankanoon.org/doc/179321001/ Facts in short : 1. The Doctor challenged the order of suspension of registration of his Sonography Center as well as seizure of Sonography machine on the ground that the Action of AA was not valid and was inititated without application of mind. 2. The impugned actions were taken against the Doctor as mainly some of the F Forms were incomplete as it did not have signature of patient and Doctor.  Moro ever, the patients who did not signed also delivered male/female babies in due course.  The Doctor contended that there was "No Reason to believe " that seizure of sonography machine would furnish the evidence of commission of offense apart  from these allegations, there were no other serious alleg...

" The complaint under PCPNDT Act has to be filed only by a person authorised under the Act" - Hon. Bombay High Court. Dr. Yogita Theng V/s. AA. (Criminal Writ Petition No. 26 of 2014) https://indiankanoon.org/doc/72545940/ Fats in brief : 1. The Petitioner Doctor was accused under PCPNDT Act.The complaint has been filed by one Dr. Baviskar. 2. In the Argument, the questions relating to the Authority of Dr. Baviskar were raised because apparently, no document showing that he was authorized to file the complaint in question had been produced before the trial court till then. 3. The AA was asked to produce the documents showing his Authority by the Doctor, but this Application was rejected by the Trial Court and hence the Doctor approached High Court. Held. 1. it was observed that Section 28 of the PCPNDT Act puts restriction on the power of the court to take cognizance of an offence under the said Act and lays down that it can take cognizance only on a complaint ma...