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TMI Blog2016 (8) TMI 1607X X X X Extracts X X X X X X X X Extracts X X X X ..... Special Government Pleader ORDER SANJAY KISHAN KAUL, C.J. 1. We have heard the learned counsel for the parties. 2. The accepted undisputed position is that the Hon'ble Supreme Court has not stayed the operation of the Delhi High Court order dated 17.02.2016 striking down Section 2(p) of Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Act (hereinafter called '& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other equipment capable of determining sex of the foetus or has the potential of detection of sex during pregnancy or selection of sex before conception, require registration under the Act; (iii) However, if the person seeking registration (a) makes a declaration in the form to be prescribed by the Central W.P.(C) Nos. 6968/2011, 2721/2014 & 3184/2014 Page 81 of 83 Supervisory Board to the effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prescribe other conditions which such registrant would require to fulfil, to remain exempt as aforesaid; (v) however such registrants would otherwise remain bound by the prohibitory and penal provisions of the Act and would further W.P.(C) Nos. 6968/2011, 2721/2014 & 3184/2014 Page 82 of 83 remain liable to give inspection of the "silent observer" or other such equipment and their places, from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble Supreme Court examines the issue. In this behalf, if the Hon'ble Supreme Court had stayed or would stay the operation of the Judgment, then only could those provisions struck down again come in force. 4. It is trite to say that once a High Court has struck down the provisions of the Central Act, it cannot be said that it would be selectively applied in other States. Thus, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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