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Aditya Khanna Vs. the Regional Passport Officer/Passport Authority

Court : Delhi

Subject : FEMA

Acts : Commissions of Inquiry Act, 1952; Foreign Exchange Management Act, 1999 - Sections 37(3); Income Tax Act - Sections 131; Passport Act, 1967 - Sections 10, 10(3), 10(3)(1), 10(5), 10(9), 10A, 10A(1) and 11; Industries (Development and Regulation) Act, 1951 - Sections 18AA; Orissa Municipal Act - Sections 417A; Himachal Act - Sections 256; Prevention of Corruption Act, 1988; Code of Criminal Procedure (CrPC) - Sections 91 and 104; Indian Penal Code; Foreign Exchange Management (Adjudication Proceedings) Rules, 2000 - Rule 4; Passports Rules, 1980 - Rule 10; Constitution of India - Articles 14, 19, 21 and 226

Reported in : 156(2009)DLT172

pronouncement of the Apex Court in Maneka Gandhi (supra), the legislature has effected a statutory amendment to the Passports Act, 1967 and despite the judicial pronouncement has not provided for a hearing before passing an order for revocation of … of execution of the above between the petitioner and other beneficiaries. For this reason, summons were issued under Section 37(3) of FEMA read with Section 131 of the Income Tax Act, requiring the petitioner to appear before … as being of extremely serious concern and consequently, by a notification dated 11th November, 2005 of the Ministry of Finance, Department of Revenue, of the

Suresh Nanda Vs. C.B.i.

Court : Supreme Court of India

Subject : Criminal

Acts : Passports Act, 1967 - Sections 10, 10A and 10(3); Code of Criminal Procedure (CrPC) - Sections 102, 104, 165, 165(1), 165(3) and 165(5); Constitution of India - Article 21

Reported in : AIR2008SC1414; 2008CriLJ1599; 2008(5)CTC277; 147(2008)DLT397(SC); (2008)3GLR2333(SC); 2008(2)SCALE46; (2008)3SCC674; 2008AIRSCW898; AIR2008SC1414; 2008(3)SCC674; (2008)2SCC(Cri)121; 2008CriLJ1599; 2008(3)LH(SC)2130

that the power and jurisdiction to impound the passport of any individual has to be exercised under the Passports Act, 1967 (hereinafter referred to as 'The Act'). He specifically referred to Sub-section (3)(e) of Section 10 of the Act … other documents were seized by the respondent from 4, Prithviraj Road, New Delhi in a search conducted on 10.10.2006 when the appellant was on a visit to India. The said search and seizure was pursuant to an

Rajkiren Thirumurthy. Vs. Secretary to Government and ors.

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code(IPC) - Sections 420; Constitution of India - Articles 226; Code of Criminal Procedure(CrPC) - Section 102 (1),; Passports Act, 1967 - Section 10 (3)

Impounding of a passport can only be done by the Passport Authority under Section 10 (3) of the Passports Act, 1967. Though the respondents / Police may have power to seize the passport under Section 102 Cr.P.C., it is … directing the respondents 4 and 5 to return the passport of the petitioner bearing No.J4709789 and the respondents 1 and 3 to take appropriate disciplinary action against respondents 4 and 5.O R D E R1. The petitioner

Regional Passport Officer Vs. Kokilaben Wife of Jaswantlal Panchal and ...

Court : Gujarat

Subject : Civil

Acts : Passports Act, 1967 - Sections 5, 5(2), 10, 13, 13(1), 13(2), 13(3), 15 and 25; Births and Deaths Registration Act, 1961; Births and Deaths (Amendment) Act, 1969; Gujarat Secondary Education Act, 1972; Constitution of India - Article 21; Passport Rules, 1980 - Rule 5; Gujarat Registration of Births and Deaths Rules, 2004 - Rule 11; Gujarat Secondary Education Regulations, 1974 - Regulations 5(1A) to 5(1D) 12(A), 12(5)(1) and 12(6)

Reported in : AIR2009Guj59; (2009)2GLR1246

shall be accepted and entertained by the respondent and, after enquiry and following the procedure prescribed in the Passports Act, 1967 and the Rules made thereunder, decision thereon shall be taken in accordance with the provisions of Section 5 … Single Judge in Special Civil Application No. 2716 of 2006 and connected matters, reported in 2006 (2) GLR 1165, has come up with these appeals 'Letters Patent Appeal Nos. 1673 of 2006 and connected matters. Letters Patent

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 1, 13, 14, 19(1), 21, 29(1), 32, 51A, 213 and 355; Illegal Migrants (Determination by Tribunals) Act, 1983 - Sections 3(1), 3(2), 3(3), 3(8), 3(9), 4, 5, 7, 8, 8(1), 8(2), 8A, 8A(1), 8A(2), 11(1), 12, 15, 20, 21, 21A, 25 and 28; Illegal Migrants (Determination by Tribunals) Rules, 1984 - Rule 2, 3 to 8, 9, 10, 10A, 10B, 13 and 14 to 19; Citizenship Act, 1955 - Sections 6A, 6A(1), 6A(3), 6A(6), 6A(7), 9 and 18; Citizenship (Amendment) Act, 1985; Passports Act, 1967; Evidence Act, 1872 - Sections 101 and 106; Code of Civil Procedure (CPC) ; Immigration Act, 1971; Customs Act - Sections 167(8); Illegal Migrants (Determination by Tribunals) Ordinance, 1983; Passport (Entry into India) Act, 1920; Immigrants (Expulsion from Assam) Act, 1950 - Sections 2; I

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not be entitled to have his name included … of this Act defines a 'foreigner' and it means a person who is not a citizen of India. Sub-Section (1) of Section 3 lays down that the Central Government may by order make provision, either generally or with

State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - 302, 307, 326, 427, 436, 20A, 120B, 123, 124, 34; ndian Explosives Act; Prevention of Damage to Public Property Act; Indian Railways Act, 1989 - Sections 151, 152, 153, 154; Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 16, 17, 18, 19, 20, 40; Maharashtra Control of Organised Crime Act, 1999 - Sections 3(1)(i), 3(2), 3(4); Passports Act, 1967 - Section 12(1)(c); Indian Evidence Act, 1872 - Sections 6, 11, 5 to 16, 26, 30, 30(b), 31

read with Sections 151, 152, 153, 154 of the Railways Act, 1989, read with Section 12(1)(c) of the Passports Act, 1967.3. The prosecution case (in Special Case No.21 of 2006) in brief is, that bombs were planted on 11.7.2006

Mrs. Maneka Gandhi Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Media and CommunicationConstitution

Acts : Passports Act, 1967 - Sections 10(3); Indian Penal Code (IPC), 1860 - Sections 6, 7, 10, 10(3) and 11; Code of Criminal Procedure (CrPC) - Sections 3, 3(2), 4, 5, 6, 7, 8, 10, 10(1), 10(3), 10(5), 11, 11(5), 19, 22, 41, 43 and 99; Constitution of India - Articles 14, 19, 19(1), 19(5), 19(6), 21 and 32

Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621; MANU/SC/0133/1978; (1978) 1 SCC 243

accepted by Parliament and the infirmity pointed out by it was set right by the enactment of the Passports Act, 1967. This Act, as its preamble shows, was enacted to provide for the issue of passports and travel documents … applicable to all persons. The word citizen is expressly defined in the Constitution to indicate only a certain section of the inhabitants of India. Moreover, the protection given by Article 21 is very general. It is of … : [1967]3SCR525 , Kharak Singh v. State of U.P. and Ors. : 1963CriLJ329 .4. Article 21 of the Constitution reads as follows :Protection of life

Raghuram Kamisetty Vs. Regional Passport Officer and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Passport Act, 1967 - Sections 3, 12 and 12(1); Passport Rules, 1967

Reported in : 2007(6)ALD466

of the prosecution for the forth charge, it has become vital to advert to Section 12(1) of the Passports Act. It runs like this:12. Offence and penalties--(1) Whoever-(a) Contravenes the provisions of Section 3, or(b) Knowingly furnishes any … be sustained. The learned Counsel also had taken this Court through the relevant statutory provisions in the Passport Act, 1967.4. Per contra, Sri J. Ashok, learned Counsel representing the 1st respondent would maintain that in the facts and

Shayam Dwarkadas Chabria Vs. the Regional Passport Officer and Another

Court : Mumbai

Subject : Criminal

Acts : Passport Act, 1967 - Sections 2 and 6(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 109, 120-B, 420, 447-A, 467 and 471; Prevention of Corruption Act, 1988 - Sections 5(1); Maharashtra Co-operative Societies Act - Sections 147

Reported in : 2000(2)BomCR609; 2000CriLJ2942

in India. What obviously weighed with respondent No. 1 were the provisions of section 6(2)(f) of the Passport Act, 1967 which say that passport authority shall refuse to issue a passport or a travel document if the proceedings … Code, 1973, seeks quashing of the order dated 5th January 1993 passed by respondent No. 1, the Regional Passport Officer, Mumbai asking the petitioner to furnish Court order stating that he has been granted permission to go

Naresh Lalchand Bhagchandani Vs. Union of India (Uoi), Under Secretary ...

Court : Mumbai

Subject : Constitution

Acts : Passport Act, 1967 - Sections 6, 6(1), 6(2), 10, 10(1), 10(3) and 12; Motor Vehicles Act, 1988 - Sections 11 and 183; Indian Penal Code (IPC) - Sections 323, 419, 420, 460 and 471; Police Rules; Constitution of India - Articles 19, 19(1), 21 and 226

Reported in : 2007(6)BomCR367; (2007)109BOMLR1073; 2007(4)MhLj56

Constitution. The grant of such right is certainly subject to restrictions placed by due process of law. The Passports Act defines a process of law by which the restriction could be placed upon leave to a person to … upon the petitioner to deposit his passport in compliance with the provisions of Section 10(1) of the Passport Act, 1967 (hereinafter referred to as the Act). In response to the said letter Exhibit F, the petitioner on 7.9.2006