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The Supreme Court upheld cognizance under the PCPNDT Act, holding that the District Civil Surgeon was the appropriate authority and Form F lapses raised triable issues.
The Supreme Court held that billing discrepancies and delayed medical records did not disclose criminal offences, and quashed the complaint under Section 482 CrPC.
The Court found that the respondents have, by and large, complied with the High Court order dated 15.10.2001 through progressive remedial measures and monitoring; accordingly the appeal was disposed of but the Court issued comprehensive, binding directions applicable to all Beggars' Homes nationwide (including timelines: implementation within six months and model guidelines by the Union within three months) to secure constitutional guarantees of life with dignity for inmates and to institutionalise preventive healthcare, sanitation, infrastructure, nutrition, rehabilitation, legal aid, child…
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The Court held that the appellant's activities of enrolment, collection, processing, testing, cryopreservation and release of umbilical cord blood stem cells fall within the definition of 'health care services' under Notification No.25/2012-ST and therefore were exempt from service tax for the disputed period; further, the show cause notice dated 28.07.2017 invoking the extended limitation under section 73 was time-barred because there was no evidence of fraud, collusion, wilful misstatement or suppression with intent to evade tax; consequently the demand, interest and penalties confirmed by…
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The Court declined to issue mandatory directions regulating private hospitals' internal commercial arrangements or pricing, holding that while the provision of medical facilities is integral to Article 21 and abuses must be addressed, matters of detailed economic and regulatory policy concerning public health fall within the domain of State Governments (List II) and should be addressed by them; accordingly the petition was disposed by directing all State Governments to consider the issue and take appropriate policy decisions.
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The AIIMS, Nagpur report dated 13.08.2024 and the High Court judgment were set aside because the Assessment Board failed to apply the statutory and regulatory standards (functional competency model and reasonable accommodation) mandated by the RPWD Act and Appendix H-1; a proper functional assessment (as conducted with assistive devices) can establish eligibility even where quantified disability exceeds 80%, and appropriate remedial orders (including creating a supernumerary seat and directing fresh guidelines by the National Medical Council) follow.
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The Court recalled its earlier order permitting termination because, at an advanced gestational stage nearing the end of the thirty‑first week and in light of the medical team's assessment of risks and the parents' and minor's decision to carry the pregnancy to term, the safety and welfare of the minor required accepting continuation; the Court held that medical boards must evaluate and report on the physical and mental impact of pregnancy on the pregnant person, that the pregnant person’s consent is paramount under Article 21, and that RMPs and medical boards are protected when acting in goo…
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Rule 3B of the MTP Rules must be construed purposively to include unmarried or single women who undergo a change in material circumstances during an ongoing pregnancy, thereby allowing access to medical termination between twenty and twenty-four weeks under Section 3(2)(b); for purposes of the MTP Act the words sexual assault/rape include a husband’s act of sexual assault (marital rape); exclusions that deny unmarried women this protection would be discriminatory and violate Articles 14 and 21; RMPs must not impose extra-legal requirements and may rely on the woman’s allegation (Explanation 2…
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The Court directed (a) payment of costs of Rs 50,000 each to the eight petitioners who had been belatedly paid compensation, (b) the Chief Secretary to hold monthly meetings to ensure implementation of the judgment dated 10.01.2017 by identifying victims, drawing a beneficiary list, disbursing Rs 5 lakhs to each victim, and ensuring medical facilities within reasonable distance of victims' residences, and (c) filing of an affidavit of compliance indicating progress; the contempt petition was listed for further hearing on 18.07.2022.
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The challenged provisions of the Licentiate Regulations 2021 and the CRMI Regulations 2021 are intra vires the National Medical Commission Act, 2019; the NMC has power to prescribe minimum standards including minimum course duration (54 months) and internship requirements (12 months in same foreign institution and supervised internship in India) to ensure foreign-trained graduates possess skills comparable to Indian graduates, and Schedule-II CRMI provisions (internships at par and initial postings in newly opened colleges) are reasonable and intended to protect public health and institutiona…
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