HC quashes order impounding Udayakumar’s passport
12 years, 7 months ago

HC quashes order impounding Udayakumar’s passport

The Hindu  

The Madras High Court Bench here on Friday quashed an order passed by Madurai Regional Passport Officer on April 16 impounding the passport of S.P. Allowing a couple of writ petitions filed by him, Justice K. Chandru held that mere registration of 98 First Information Reports against the petitioner by the Kudankulam and Pazhavoor police could not be a reason for impounding the passport under Section 10 of the Passports Act 1967. He also held that a show cause notice issued by the RPO to the petitioner on March 30, before passing the final order impounding the passport, was illegal. Even as the case was pending in court, the RPO went ahead and passed the final order impounding the passport on the ground that the petitioner failed to surrender his passport within the stipulated time of 15 days.

Passport  final  writ  court  udayakumars  surrender  passport  petitioner  passed  cases  quashes  impounding  order  hc

History of this topic

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court
2 months ago

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court

Live Law  

The Kerala High Court has held that as per Section 6 of the Passports Act of 1967, passport authority cannot refuse passport to a person held guilty of offence involving moral turpitude, if he has not been convicted within five years preceding the date of filing the passport application. The Court noted that as per Section 6 of the Passports …

Court finds impounding of Bollywood director's passport invalid, orders return
2 months, 3 weeks ago

Court finds impounding of Bollywood director's passport invalid, orders return

India Today  

The Nagpur Bench of the Bombay High Court has clarified that only the Passport Authority, under the Passports Act, can impound passports. Kewlani’s legal team argued that the Passports Act overrides the CrPC in matters related to passport impounding. The court examined whether the police’s retention of the passport beyond four weeks constituted impounding. The court directed the EOW to …

Madurai Bench of Madras HC allows Minister Chezhiaan's plea seeking passport
2 months, 3 weeks ago

Madurai Bench of Madras HC allows Minister Chezhiaan's plea seeking passport

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court on Monday allowed a petition filed by Minister for Higher Education Govi Chezhiaan seeking to direct the Tiruchy passport authorities to issue passport to him. However, during verification, the Pandhanallur police of Thanjavur gave an adverse report citing that a criminal case was pending against him. Despite giving an explanation to …

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case
3 months, 1 week ago

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case

Live Law  

The Gujarat High Court has directed the Passport Authority to decide the plea of Congress MLA Vimal Chudasama–who has court case pending–for renewal of passport, in view of Ministry of External Affairs's notification which permits Indian citizens–against whom criminal proceedings are pending in court–to travel abroad if they present a court order. Section 6 states that passport authority can refuse …

Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order
3 months, 3 weeks ago

Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order

Live Law  

The Bombay High Court on Monday while pulling up the Mumbai Police for not returning the passport of a man, despite a clear order by a Sessions court, said the Police is duty bound to implement an order passed by any court.A division bench of Justices Revati Mohite-Dere and Shivkumar Dige also imposed costs of Rs 25,000 on the State …

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court
4 months, 1 week ago

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court

Live Law  

In a recent ruling, the Indore Bench of Madhya Pradesh High Court held that criminal antecedents of family members cannot be taken into account in assessing applicant's character and application for the issuance of passport. The single-judge bench of Justice Subodh Abhyankar observed, “…the impugned order cannot be sustained in the eyes of law as the petitioner also enjoys all …

Courts Can't Order Accused To Deposit Passport On "Unfounded Apprehensions" That He May Flee, Violates Fundamental Rights: AP High Court
8 months ago

Courts Can't Order Accused To Deposit Passport On "Unfounded Apprehensions" That He May Flee, Violates Fundamental Rights: AP High Court

Live Law  

The Andhra Pradesh High Court has overturned a lower court's order to retain the passport of a former airline employee, facing criminal charges. During the proceedings, the petitioner's counsel argued that the lower court's order to retain the passport violated the petitioner's fundamental rights under Articles 19 and 21 of the Constitution, which guarantee freedom of movement and the right …

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
8 months, 3 weeks ago

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC

Live Law  

In a significant order, the Goa bench of the Bombay High Court on Tuesday held that a trial court while granting bail does not have any power to direct a person/accused to apply for a passport, obtain it and then surrender it to avail bail. Single-judge Justice Bharat Deshpande quashed and set aside such an "unusual" condition imposed by a …

Karnataka High Court Rejects Plea For Passport Renewal By Man Accused In Mother's Death, Says Short-Validity Passport Application May Be Considered
1 year, 3 months ago

Karnataka High Court Rejects Plea For Passport Renewal By Man Accused In Mother's Death, Says Short-Validity Passport Application May Be Considered

Live Law  

The Karnataka High Court has upheld a decision of the passport authority rejecting the issuance of a regular passport, to an accused charged with offences of murder and criminal conspiracy in the death of his mother. The impugned acknowledgement rejecting issuance of regular passport stands sustained.” The Court however permitted the petitioner to apply for a short-validity passport and for …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 6 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

Re-Issue Of Passport On Being Lost Cannot Be Done Without Registering FIR With Police: Karnataka High Court
1 year, 8 months ago

Re-Issue Of Passport On Being Lost Cannot Be Done Without Registering FIR With Police: Karnataka High Court

Live Law  

The Karnataka High Court on Tuesday rejected a petition seeking direction to Regional Passport officer to re-issue petitioner's passport on him having lost the passport, without him registering a First Information Report with the police as is prescribed under the rules framed under the Passport Act. A single judge bench of Justice Krishna S Dixit while dismissing the petition of …

HC stays order seeking tax offender's passport
1 year, 10 months ago

HC stays order seeking tax offender's passport

Deccan Chronicle  

Hyderabad: The vacation division bench of the Telangana High Court suspended an order of a single-judge bench, requiring a person to deposit a renewed passport with the criminal court. The bench was dealing with an appeal filed by Bhanu Reddy Gopu, who complained that his online application for passport renewal was rejected on the grounds of a pending criminal case. …

Passport May Be Refused After Filing Of Closure Report By Police, Pending Acceptance By Magistrate: Karnataka HC
2 years, 4 months ago

Passport May Be Refused After Filing Of Closure Report By Police, Pending Acceptance By Magistrate: Karnataka HC

Live Law  

The Karnataka High Court has said that mere filing of a B Report by the police before the jurisdictional court which is yet to be accepted would not mean that the accused is acquitted in the case, thus passport authorities would have the right to refuse to issue of passport or travel documents. Mere filing of 'B' report would not …

Madras High Court Gives Clean Chit To IPS Officer In Fake Passport Case; Lauds BJP State President For Highlighting The Scam
2 years, 8 months ago

Madras High Court Gives Clean Chit To IPS Officer In Fake Passport Case; Lauds BJP State President For Highlighting The Scam

Live Law  

The Madras High court recently gave a clean chit to Madurai's former Commissioner of Police, S. Davidson Devasirvatham in connection with matters pertaining to issuance of fake passports to Sri Lankan and Indian Nationals by using forged documents. The bench of Justice GR Swaminathan observed that field enquiry police officer play the most crucial in verification process and the buck …

Karnataka High Court Stays Single Judge Order Dispensing Trial Court's Permission For Passport Renewal Where Criminal Trial Is Stayed By Higher Court
2 years, 9 months ago

Karnataka High Court Stays Single Judge Order Dispensing Trial Court's Permission For Passport Renewal Where Criminal Trial Is Stayed By Higher Court

Live Law  

The Karnataka High Court has stayed a single judge bench order which held that the permission from a trial court is not necessary for renewal of passport when the criminal proceedings are stayed by a higher court. A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi stayed the order dated March 17, by which the …

Madras High Court Asks Leena Manimekalai, Susi Ganeshan To Appear In Person On November 1 In Challenge To Impounding Of Passport
3 years, 5 months ago

Madras High Court Asks Leena Manimekalai, Susi Ganeshan To Appear In Person On November 1 In Challenge To Impounding Of Passport

Live Law  

The Madras High Court on Wednesday directed filmmaker Leena Manimekalai and film director Susi Ganesan to appear in person before the Court on November 1 around 1 pm while hearing a plea moved by Manimekalai challenging an order passed by the Regional Passport Officer, Chennai, to impound her passport.The impounding order was passed citing the pendency of a criminal defamation …

Impounding Of Passport Affects Personal Liberty; Can't Be Ordered U/S 104 CrPC: Chennai Sessions Court In Leena Manimekalai's Case
3 years, 5 months ago

Impounding Of Passport Affects Personal Liberty; Can't Be Ordered U/S 104 CrPC: Chennai Sessions Court In Leena Manimekalai's Case

Live Law  

A Sessions Court in Chennai on October 20 set aside the order of a Metropolitan Magistrate directing the Regional Passport Officer to impound the passport of filmmaker Leena Manimekalai on account of the criminal defamation case pending against her.Manimekalai had come out with sexual harassment allegations against film director Susi Ganesan during the 2018 #MeToo movement. A Sessions Court in …

Magistrate's Order On Impounding Of Leena Manimekalai's Passport Set Aside, Madras High Court Told
3 years, 5 months ago

Magistrate's Order On Impounding Of Leena Manimekalai's Passport Set Aside, Madras High Court Told

Live Law  

Filmmaker, poet and civil rights activist Leena Manimekalai's counsel informed the Madras High Court on Friday that the order of a Magistrate which had directed the Passport Authority to take action on impounding of her passport has been set aside by the Sessions Court on October 20.The Madras High Court was hearing a plea moved by Manimekalai challenging an order …

Madurai passport official, travel agent booked for issuing Indian passports to Sri Lankans
3 years, 8 months ago

Madurai passport official, travel agent booked for issuing Indian passports to Sri Lankans

India TV News  

The Central Bureau of Investigation has registered a case against Madurai's Regional Passport Office senior superintendent V Veeraputhiran and one another person Ramesh, who is a travel agent, for issuing Indian passports to foreign nationals including Sri Lankans. The matter surfaced after a complaint was registered against the Senior Superintendent of Madurai passport office and some travel agents for issuing …

Man Fails To Obtain Passport Due To FIR For Not Wearing Face-Mask During COVID: Madras High Court Directs Issuance Of The Same Within 4 Weeks
3 years, 10 months ago

Man Fails To Obtain Passport Due To FIR For Not Wearing Face-Mask During COVID: Madras High Court Directs Issuance Of The Same Within 4 Weeks

Live Law  

The Madras High Court recently granted relief to a man who failed to obtain a passport due to an FIR, which was registered against him for allegedly not wearing a face mask, when he was driving his two-wheeler during the Pandemic condition.The Bench of Justice N. Anand Venkatesh directed passport authorities to process the application submitted by him, if he …

Enforcement Directorate Has No Right To Impound Passport: SC [Read Order]
5 years, 1 month ago

Enforcement Directorate Has No Right To Impound Passport: SC [Read Order]

Live Law  

The Supreme Court has reiterated that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. The Court was considering the appeal filed by the Enforcement Directorate against the Bombay High Court order upholding the order of Special Judge who directed it to return of Passport, Resident permit, PAN …

Pendency Of Criminal Case Against A Passport Holder Will Not Automatically Result In Impounding Of The Passport: Allahabad HC [Read Judgment]
5 years, 6 months ago

Pendency Of Criminal Case Against A Passport Holder Will Not Automatically Result In Impounding Of The Passport: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held that mere pendency of a criminal case is not a valid reason for impounding a person's passport. Background The Petitioner, Neera Chandra, through Advocate Nipun Singh, had challenged the order passed by the Respondent, Regional Passport Officer of Ghaziabad where under her passport was impounded and a penalty was imposed. ", the bench of …

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]
6 years, 7 months ago

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]

Live Law  

‘If proceedings in respect of an offence alleged to have been committed by the applicant for Passport are pending before the appellate Court; the High Court in this case; that is ground enough for the Passport Officer to be compelled by the opening part of Sub-section of Section 6 of the Act to refuse issuance of such Passport.’The High Court …

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]
6 years, 7 months ago

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]

Live Law  

‘If proceedings in respect of an offence alleged to have been committed by the applicant for Passport are pending before the appellate Court; the High Court in this case; that is ground enough for the Passport Officer to be compelled by the opening part of Sub-section of Section 6 of the Act to refuse issuance of such Passport.’The High Court …

Passport Can Be Impounded By Passport Authority Only, Not The Police: Bombay HC Directs CBI To Return Jignesh Shah’s Passport [Read Judgment]
6 years, 9 months ago

Passport Can Be Impounded By Passport Authority Only, Not The Police: Bombay HC Directs CBI To Return Jignesh Shah’s Passport [Read Judgment]

Live Law  

In a relief to Jignesh Shah, the Bombay High Court has directed the Central Bureau of Investigation to return his passport that has been in CBI’s custody since March 13, 2014.Justice PD Naik heard the criminal revision application filed by Jignesh Shah, prime accused in the multi-crore NSEL-FTIL scam. In a relief to Jignesh Shah, the Bombay High Court has …

500 passports obtained using fake papers impounded in TN
8 years, 5 months ago

500 passports obtained using fake papers impounded in TN

Deccan Chronicle  

Madurai: Passport officials here have 'impounded' 500 passports which were obtained using fake documents from the passport seva kendras here and in Tirunelveli. Cases under the Passport Act had been registered against the holders of the 500 passports, all of which were under the Emigration Check Not Required category, an official release said here today. The release said the passports …

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]
9 years, 2 months ago

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]

Live Law  

A Division Bench of Delhi High Court on Thursday rejected Mr. Prashant Bhushan’s petition challenging a provision under the Passports Act, 1967 and a notification which authorized the authorities to renew the Passport only for a period of one year, if the applicant had criminal proceedings pending against him.The Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath was …

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]
9 years, 5 months ago

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]

Live Law  

Punjab and Haryana High Court in a recent Judgment has held that merely on account of pendency of an FIR in a matrimonial dispute, a passport cannot be withheld. The High Court relied on Abhijit Sen v. Superintendent, where a Division Bench of the Calcutta High Court was concerned with a case where the Passport Authority impounded the passport under …

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]
9 years, 5 months ago

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]

Live Law  

Punjab and Haryana High Court in a recent Judgment has held that merely on account of pendency of an FIR in a matrimonial dispute, a passport cannot be withheld. The High Court relied on Abhijit Sen v. Superintendent, where a Division Bench of the Calcutta High Court was concerned with a case where the Passport Authority impounded the passport under …

Two Ex- SC Judges tendered Legal Opinion to Lalit Modi saying revocation of his passport was bad in Law [Read Opinion]
9 years, 9 months ago

Two Ex- SC Judges tendered Legal Opinion to Lalit Modi saying revocation of his passport was bad in Law [Read Opinion]

Live Law  

After Lalit Modi, ex-Commissioner of the Indian Premier League fled to London in 2010 following alleged death threats from the underworld, even as an investigation was initiated against him by the Enforcement Directorate under the Foreign Exchange Management Act, his appeal for immigration was accompanied by the opinion of two former Supreme Court judges who said his passport had. After …

Two Ex- SC Judges tendered Legal Opinion to Lalit Modi saying revocation of his passport was bad in Law [Read Opinion]
9 years, 9 months ago

Two Ex- SC Judges tendered Legal Opinion to Lalit Modi saying revocation of his passport was bad in Law [Read Opinion]

Live Law  

After Lalit Modi, ex-Commissioner of the Indian Premier League fled to London in 2010 following alleged death threats from the underworld, even as an investigation was initiated against him by the Enforcement Directorate under the Foreign Exchange Management Act, his appeal for immigration was accompanied by the opinion of two former Supreme Court judges who said his passport had. After …

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]
58 years, 1 month ago

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]

Live Law  

A Division Bench of Delhi High Court on Thursday rejected Mr. Prashant Bhushan’s petition challenging a provision under the Passports Act, 1967 and a notification which authorized the authorities to renew the Passport only for a period of one year, if the applicant had criminal proceedings pending against him.The Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath was …

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