Duty Bound To Implement Court Orders: Bombay HC Imposes 25K Cost Over Police's Failure In Returning Passport Despite Court Order
3 months, 1 week 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 for the failure of the officers at Mumbai's plush Cuffe. 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 for the failure of the officers at Mumbai's plush Cuffe Parade Police Station, to return the passport of one Jayanth Kumar. The bench was hearing a petition filed by Kumar, who highlighted the fact that despite a clear order by a Sessions court in Mumbai, to forthwith return his passport, the officers at the Cuffe Parade Police Station failed in doing so.

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History of this topic

Delhi Court reserves order on Sanjay Singh’s plea to modify bail conditions, return passport
1 month, 2 weeks ago

Delhi Court reserves order on Sanjay Singh’s plea to modify bail conditions, return passport

New Indian Express  

NEW DELHI: The Rouse Avenue Court on Tuesday reserved its order on a petition filed by AAP Rajya Sabha MP Sanjay Singh seeking modifications to his bail conditions and the return of his diplomatic passport. Special Judge Kaveri Baweja reserved the order after hearing arguments from both Singh’s legal counsel and the Enforcement Directorate. During the hearing, Advocates Dr Farrukh …

Court finds impounding of Bollywood director's passport invalid, orders return
2 months, 1 week 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 …

Courts Can't Order Accused To Deposit Passport On "Unfounded Apprehensions" That He May Flee, Violates Fundamental Rights: AP High Court
7 months, 3 weeks 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, 1 week 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 …

Foreign National's Plea for Return of Passport Adjourned to Monday
1 year ago

Foreign National's Plea for Return of Passport Adjourned to Monday

Deccan Chronicle  

Hyderabad: Justice G. Radha Rani of the Telangana High Court posted to Monday an application for bail relaxation by an accused involved in an Rs.82 crore scam relating to IPOs. The petitioner Nirmal Kumar Kotecha was granted bail by the High Court in December 2023 in connection with an enforcement case. In its bail order, the High Court had required …

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. …

Can Renewal Of Passport Be Denied Citing Pendency Of Criminal Contempt Proceedings? Gujarat High Court To Examine
2 years, 7 months ago

Can Renewal Of Passport Be Denied Citing Pendency Of Criminal Contempt Proceedings? Gujarat High Court To Examine

Live Law  

The Bench comprising Justice AS Supehia at the Gujarat High Court has issued notice to the Regional Passport Officer at Ahmedabad in light of a petition challenging its decision refusing renewal of passport on account of pendency of criminal contempt proceedings against the applicant. The Petitioner claimed that the Respondent had invoked Section 6 of the Passport Act to reject …

Mumbai: Court allows Aryan Khan's plea seeking return of his passport
2 years, 8 months ago

Mumbai: Court allows Aryan Khan's plea seeking return of his passport

Firstpost  

Aryan Khan had submitted his passport before the court as part of his bail conditions after he was arrested in October last year in the high-profile drugs case Mumbai: A special court in Mumbai on Wednesday allowed the plea of Bollywood actor Shah Rukh Khan’s son Aryan Khan, who has got a clean chit from the Narcotics Control Bureau in …

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 …

Impounding Of Passport Affects Personal Liberty; Can't Be Ordered U/S 104 CrPC: Chennai Sessions Court In Leena Manimekalai's Case
3 years, 4 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 …

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

Criminal Courts Cannot Impose Condition For Surrender Of Passport While Granting Bail: Punjab & Haryana HC [Read Order]
6 years, 4 months ago

Criminal Courts Cannot Impose Condition For Surrender Of Passport While Granting Bail: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has ruled that while granting bail, criminal courts cannot place the condition for the accused to surrender their passport. Justice Daya Chaudhary asserted that while Section 104 of the Code of Criminal Procedure allows the court to impound any document or thing produced before it, the impounding of a passport can only be undertaken …

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 …

Two Ex- SC Judges tendered Legal Opinion to Lalit Modi saying revocation of his passport was bad in Law [Read Opinion]
9 years, 8 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, 8 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 …

HC quashes order impounding Udayakumar’s passport
12 years, 6 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 …

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