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Service law

RAJUMON T.M. versus UNION OF INDIA & ORS.

Where a serviceman is invalided out by the authorities and denied disability pension on the basis of a Medical Board opinion, the opinion must state reasons and be based on the medical records; an opinion devoid of reasons and material is arbitrary and cannot sustain denial of disability pension. When the authority itself initiates invaliding, the burden of proof as to disability and grounds for denial lies on the authority. Type of service area does not preclude attributability; all evidence must be considered and benefit of doubt given to the claimant. Applying these principles, the Court a…

Source excerpt

  • Disability pension
  • Medical invalidation
  • Attributability to service
  • Medical board reasons
  • Burden of proof
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Service law

SATYANAND SINGH versus UNION OF INDIA & ORS.

The AFT erred in failing to recognise the absence of corroborative symptomatic evidence and specialist examination supporting the 2001 diagnosis of AIDS; the diagnosis amounted to a wrongful medical finding leading to premature and unjust discharge, entitling the appellant to set aside of the impugned order, monetary compensation and pension as if he had continued in service.

Source excerpt

  • Discharge from service
  • Wrongful diagnosis
  • Compensation
  • Stigma and discrimination
  • Disability pension
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Constitutional law

X versus M/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. & ORS.

Because the pregnancy had progressed to approximately twenty-six weeks and five days, termination could not be permitted absent either (a) substantial foetal abnormalities diagnosed and approved by a Medical Board under s.3(2B) of the MTP Act, or (b) an opinion under s.5 that termination is immediately necessary to save the pregnant woman’s life; AIIMS Medical Board reports found no substantial foetal abnormality and did not indicate immediate risk to the petitioner’s life, and the Court refused to direct stopping of the fetal heartbeat under Article 142, therefore the prayer for medical term…

Source excerpt

  • Medical termination of pregnancy
  • Article 142
  • Recall of order
  • Review and curative petitions
  • Medical board procedure
  • Mtp rules 2003 (as amended 2021)
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Constitution of india

COMMON CAUSE (A REGD. SOCIETY) versus UNION OF INDIA

The Court, having considered practical difficulties in implementation, held that the directions contained in paragraphs 198 to 199 of the 2018 Common Cause judgment required modification/deletion as indicated in the Order, directed circulation of the Order to High Courts and Health Secretaries for implementation, and disposed of the miscellaneous application seeking clarification.

Source excerpt

  • Right to die with dignity
  • Advance directives
  • Withdrawal of life support
  • End-of-life care
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Medical law

X versus THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ANR.

The Court held that prima facie an unmarried woman seeking termination up to twenty-four weeks falls within the ambit of the MTP Act as amended and should not be denied relief solely on the ground of marital status; a restrictive reading of Rule 3B excluding unmarried women is not warranted in light of Explanation 1 and the parliamentary intent to recognize reproductive choice, and interim relief was therefore granted directing constitution of a Medical Board to assess and, if safe, permit termination.

Source excerpt

  • Medical termination of pregnancy
  • Reproductive rights
  • Bodily autonomy
  • Interpretation of mtp rules
  • Eligibility of unmarried women
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Constitutional law

FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) versus UNION OF INDIA AND OTHERS

Sections 23(1) and 23(2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are not ultra vires the Constitution. Deficiencies in Form 'F' and record keeping are fundamental violations and not mere clerical mistakes. Search, seizure, and suspension are reasonable restrictions justified by the serious social consequences of female foeticide. No case is made out for striking down or reading down Section 4(3), Sections 23(1), 23(2), or allied provisions. The writ petition is dismissed.

Source excerpt

  • Constitutional validity
  • Regulation of pre-conception and pre-natal diagnostic techniques
  • Record keeping requirements
  • Reverse burden of proof
  • Search and seizure
  • Suspension and cancellation of registration
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Administrative law

UNION OF INDIA versus INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION AND ORS. ETC. ETC.

Parliament has validly empowered the Central Government to prescribe qualifications and training for practitioners, including under Rule 3.3(1)(b) PCPNDT Rules, 1996 and Six Months Training Rules, 2014. Delhi High Court judgment is prima facie erroneous and needs to be stayed; Supreme Court directions must be strictly enforced.

Source excerpt

  • Rule-making power
  • Qualifications and training for medical practitioners
  • Ultra vires challenge
  • Judicial review
  • Implementation of statutory directions
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Constitutional law

COMMON CAUSE (A REGD. SOCIETY) versus UNION OF INDIA & ANOTHER

Passive euthanasia and advance directives (living will) are constitutionally permissible under Article 21 as a facet of the right to life with dignity, subject to safeguards. The law distinguishes passive euthanasia from active euthanasia, allowing withdrawal of artificial life support in terminally ill or vegetative patients while prohibiting active euthanasia. Adults with capacity may refuse medical treatment, and advance directives are valid with procedural safeguards. For incompetent patients, decision-making follows best interests determined by medical experts, with judicial oversight av…

Source excerpt

  • Right to die with dignity
  • Passive euthanasia
  • Advance directives
  • Right to refuse treatment
  • Right to privacy and bodily integrity
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Medical law

MS. Z versus THE STATE OF BIHAR AND OTHERS

The appellant, a major suffering from mild mental retardation but not mental illness, was entitled to give valid consent for termination of pregnancy. Hospital authorities acted negligently by not terminating the pregnancy in time, causing grave mental injury. Medical Board’s late report established risk to appellant’s life if termination was carried out, thus pregnancy could not be terminated. Compensation was warranted under public law for State’s failure, distinct from Victim Compensation under CrPC. Consent of guardian was not required; personal autonomy and reproductive rights were prote…

Source excerpt

  • Termination of pregnancy
  • Consent for medical procedures
  • Compensation for negligence
  • State liability
  • Women's reproductive rights
  • Mental health law
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Constitutional law

SHEETAL SHANKAR SALVI AND ANR. versus UNION OF INDIA AND ORS.

Permission for medical termination of pregnancy at 27 weeks cannot be granted when Medical Board does not advise termination on medical grounds and there is no danger to mother's life.

Source excerpt

  • Personal liberty under article 21
  • Medical termination of pregnancy
  • Woman's reproductive rights
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.