Supreme Court of India
Federation of Obstetrics and Gynecological Societies of India (fogsi) v. Union of India and Others
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, no case is made out for striking down the proviso to Section 4(3), provisions of Sections 23(1), 23(2) or to read down Section 20 or 30 of the Act.
Judgment, page 82
From the headnote
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – ss.23(1) and 23(2) – Constitutional validity of – The petitioner-Society contended that s. 23(2) of the Act is ultra-vires the Constitution as it assumes the guilt of the alleged accused even before his/her conviction by a competent court and hence violates the fundamental right guaranteed u/Art.21 of the Constitution – Held: s.23 is not a stand alone section – It is rather used in the enforcement of other provisions of the Act and violations of s.23 are often accompanied by violations of provisions…
Authorities it was built on
- 1959 Hamdard Dawakhana (wakf) Lal Kuan, Delhi and Another v. Union of India and Others
- 2015 Shreya Singhal v. Union of India
- 2016 Subramanian Swamy v. Union of India, Ministry of Law & Ors.
- 1956 Jaswantrai Manilal Akhaney v. The State of Bombay.
- 1994 All India Ex-emergency Commissioned Officers and Short Commd. Officers Welfare Assn. and Anr. Etc. v. Union of India and Anr.
- 2018 Dr. Subhash Kashinath Mahajan v. The State of Maharashtra and Anr.
- 2017 Nikesh Tarachand Shah v. Union of India & Anr.
- 2013 Voluntary Health Association of Punjab v. Union of India & Others
- 2003 R. Sai Bharathi v. J. Jayalalitha and Ors.
- 2016 Voluntary Health Association of Punjab v. Union of India and Others
- 2013 Arun Bhandari v. State of U.P. and Others
- 2018 State of Uttar Pradesh v. Wasif Haider Etc.
- 2003 Centre for Enquiry Into Health and Allied Themes (cehat) and Ors. v. Union of India and Ors.
- 2001 Centre for Enquiry Into Health and Allied Themes (cehat) and Ors. v. Union of India and Ors.
- 1996 Smt. Gian Kaur Etc. Etc. v. The State of Punjab Etc. Etc.
- 2008 U.P. Power Corporation Ltd. v. Ayodhya Prasad Mishra and Anr.
- 2012 Namit Sharma v. Union of India
Where later benches applied it
Of those, 1 referred to
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