Topic

Medical Board Opinion

A Medical Board Opinion in Indian law refers to the formal assessment by a government-constituted panel required to approve certain medical procedures, especially abortion beyond 24 weeks under the MTP Act or disability pension claims linked to service-related injury.

7 articlesLatest 1 week ago
Notified Vacancy-Specific Disability Criteria Prevail Over General Medical Board Classification | Geologist Recruitment : CAT (Principal Bench)
Case Law Analysis
|Central Administrative Tribunal

Notified Vacancy-Specific Disability Criteria Prevail Over General Medical Board Classification | Geologist Recruitment : CAT (Principal Bench)

The CAT Principal Bench held that candidates seeking reservation under the PwD quota must strictly meet the exact locomotor disability specifications (One Arm/One Leg) notified in the recruitment advertisement; a general medical board certification for a different disability category (both legs affected) does not qualify the candidate for the reserved post.

Disability Pension | Department Bears Burden of Proof for Service Attributability When Onset Occurs in Peace Station Within 15 Years of Discharge : Kerala HC
Case Law Analysis
|Kerala High Court

Disability Pension | Department Bears Burden of Proof for Service Attributability When Onset Occurs in Peace Station Within 15 Years of Discharge : Kerala HC

The Kerala High Court ruled that the defence department cannot deny disability pension merely because a medical condition originated in a peace station; it must prove the condition is not attributable to or aggravated by military service, especially when the claim is filed within 15 years of discharge. This shifts the legal burden decisively onto the state, empowering veterans with delayed-onset service-related disabilities to seek justice without needing to prove causation themselves.

MTP Act & POCSO | Medical Board Opinion Overrides 24-Week Limit for Termination in POCSO Cases: Karnataka HC
Case Law Analysis
|Karnataka High Court

MTP Act & POCSO | Medical Board Opinion Overrides 24-Week Limit for Termination in POCSO Cases: Karnataka HC

Karnataka High Court ruled that expert medical opinion from a constituted Medical Board prevails over the 24-week statutory limit under the MTP Act for termination of pregnancy in POCSO cases, where the survivor's health is at risk. The decision underscores the primacy of medical expertise in sensitive cases involving minors, setting a precedent for similar petitions.

MTP Act Exception | Jharkhand HC Permits 25-Week Termination for Minor Rape Victim on Grounds of Severe Psychological Trauma : Jharkhand HC
Case Law Analysis
|Jharkhand High Court

MTP Act Exception | Jharkhand HC Permits 25-Week Termination for Minor Rape Victim on Grounds of Severe Psychological Trauma : Jharkhand HC

Jharkhand High Court allows medical termination of pregnancy beyond 24 weeks for a 14-year-old rape victim, citing severe psychological trauma and Medical Board opinion. The ruling mandates state responsibility for expenses and fetal tissue preservation for DNA testing, setting a precedent for similar cases under the MTP Act.

Section 3(2)(b) MTP Act | Bombay HC Permits Termination at 34 Weeks for Non-Lethal Skeletal Dysplasia with Severe Morbidity Risk : Bombay HC
Case Law Analysis
|Bombay High Court

Section 3(2)(b) MTP Act | Bombay HC Permits Termination at 34 Weeks for Non-Lethal Skeletal Dysplasia with Severe Morbidity Risk : Bombay HC

Bombay High Court ruled that the 24-week gestational limit under the MTP Act does not apply when a Medical Board confirms a 'substantial fetal abnormality' under Section 3(2)(b). The Court permitted termination at 34 weeks for non-lethal skeletal dysplasia, emphasizing the risk of severe lifelong morbidity over statutory timelines, reinforcing reproductive autonomy in exceptional medical cases.

Disability Pension Under 2008 Rules Requires Medical Proof of Service Attribution | No Automatic Presumption Based on Service Duration : Madras High Court
Case Law Analysis
|Madras High Court

Disability Pension Under 2008 Rules Requires Medical Proof of Service Attribution | No Automatic Presumption Based on Service Duration : Madras High Court

The Madras High Court ruled that disability pension under the 2008 Rules cannot be granted based on presumptions of service stress or duration alone. The court emphasized that medical evidence linking the disability to military service is mandatory, setting a precedent for armed forces personnel seeking disability benefits. This decision reinforces the need for rigorous medical causation proof, impacting veterans' pension claims.