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Aditya Khanna Vs. the Regional Passport Officer/Passport Authority

Court : Delhi

Reported in : 156(2009)DLT172

..... the 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 the passport. mr. ..... amendment of 2002, there is no change to sub-section (3) of section 10 of the passport act, 1967 ..... the provision of giving an immediate opportunity to the person concerned can or should be read by implication into the passport act, 1967 and only then would the procedure prescribed by the act for impounding a passport be right, fair and just; that then it would not suffer from the vice of arbitrariness and unreasonableness and would be a procedure which was in confirmity with ..... held that it is only if the provisions of natural justice would be read into the provisions of section 10 of the passport act, 1967 that the same would be a fair and just procedure and would not suffer from the vice of arbitrariness and unreasonableness. ..... i find that the proviso to sub-section 11 of the passport act, 1967 provides that no appeal under the passport act, 1967 would lie where the order in question has been passed by ..... on examination of the statutory scheme, i find that sub-section 10(3) of the passport act, 1967 enables the passport authority if it deems it necessary to impound, revoke the passport in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, .....

Vikram Sharma and ors. Vs Union of India and ors.

Court : Delhi

..... reference is then made to the background in which specific amendments were made to the passports act 1967 on 23rd october 2001 introducing sections 10a and 10b. ..... section 10b states that "every intimation given by the central government or the designated officer, before the commencement of the passports (amendment) act 2002 to any immigration authority at an airport or any other point of embarkation or immigration, restricting or in any manner prohibiting the departure from india of any holder of the passport or travel document under sub-section (3) of section 10, shall be deemed to be an order under sub-section (1) of section 10a and such order shall continue to be in force for a period of ..... the mha will file an affidavit indicating whether the system of having locs issued continues to be governed by the aforementioned circular dated 5th september 1979; whether there have been subsequent amendments to the said circular; whether there are any detailed instructions/guidelines on the procedure to be followed for issuing an loc and whether there are instructions/guidelines for the guidance of the various concerned authorities about ..... or the passports act or under the mhas circular, in statutory bodies like the ncw ..... the "concerned authorities" are stated to include "the ministry of home affairs, the customs and income tax department, directorate of revenue intelligence, central bureau of investigation, interol, regional passport officers, police authorities in various states etc."5. .....

Pyare Lal Vs. State of Haryana

Court : Supreme Court of India

..... vi) convicts under terrorist and disruptive activities (prevention) act, 1987, official secrets act, 1923, foreigners act, 1948, passport act, 1967, sections 2 & 3 of the criminal law amendment act, 1961 and sections 121 to 130 of the indian penal code, 1860 ..... at the time of considering the case of premature release of a life convict, the authorities may require to consider his case mainly taking into consideration whether the offence was an individual act of crime without affecting the society at large; whether there was any chance of future recurrence of committing a crime; whether the convict had lost his potentiality in committing the crime; whether there was any ..... we agree, even without reference to article 367(1) and sections 3(8)(b) and 3(60)(b) of the general clauses act, 1897, that, in the matter of exercise of the powers under articles 72 and 161, the two highest dignitaries in our constitutional scheme act and must act not on their own judgment but in accordance with the aid and advice of the ministers. ..... solicitor-general whose sure grasp of fundamentals did not permit him to controvert the proposition, that the president and the governor, be they ever so high in textual terminology, are but functional euphemisms promptly acting on and only on the advice of the council of ministers have in a narrow area of power. ..... upshot is that the state government, whether the governor likes it or not, can advice and act under article 161, the governor being bound by that advice. .....

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

Court : Supreme Court of India

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

..... has been detected to be a foreigner and till the expiry of a period of ten years from that date, the 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 in any electoral roll for any assembly or parliamentary constituency at any time before the expiry of the said period ..... (31 of 1946) and the foreigners (tribunals) orders, 1964 by a tribunal constituted under the said order;(c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985;(d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in undivided india;(e) a person shall be deemed to have been detected to be a foreigner on the date ..... several communications sent to the government of india by the state of assam requesting for repeal of the imdt act and also seeking appropriate amendment to the citizenship act, 1955, in order to declare the children of the illegal migrants entering into india after 1971 as ..... of 2004, the copy of the memorandum submitted before the parliamentary standing committee of home affairs on 'the illegal migrants laws (replacing & amending) bill, 2003' on behalf of government of assam has been filed, which contains the figures regarding inquiries conducted upto 31st august, 2003 and .....

Gunvantiben Dayarambhai Patel and ors. Vs. Union of India (Uoi)

Court : Gujarat

Reported in : AIR2006Guj154; (2006)2GLR1208

..... application 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 of the passports act, 1967; (3) in case the authority decides not to issue the passport pursuant to the application, it shall record its reasons and, on demand, furnish a copy thereof to the applicant except in exceptional circumstances contemplated in sub-section (2) of section 5 of ..... with the above observations, all the petitions were disposed relegating the petitioner to move an appropriate application for necessary correction and/or amendment and/or change in the date of birth and/or place of birth as the case may be and the passport authority was directed to consider the same after holding necessary enquiry as stated in the judgment and to pass appropriate order in accordance with law and on merits and in light of the observations made in the ..... these petitions are voicing the same or similar grievance and seeking similar relief of direction to the regional passport officer to, in effect, amend the passport so as to incorporate the correct date of birth. ..... a competent authority issuing a birth certificate or an educational board registering a date of birth along with place of birth as valid were to issue any correction or amendment, pia may affect the necessary amendment in a passport without insisting on a court order. .....

State of Haryana and Others Vs. Mohinder Singh

Court : Supreme Court of India

Reported in : AIR2000SC890; 2000(1)ALD(Cri)535; (2001)1CALLT51(SC); 2000CriLJ1408; JT2000(1)SC629; RLW2000(2)SC241; 2000(1)SCALE465; (2000)3SCC394; [2000]1SCR698; 2000(1)LC463(SC)

..... be admissible to:i) detenus of any class.ii) the persons sentenced under the foreigners act, 1948 and the passport act, 1967; iii) pakistani nationals; iv) the persons sentenced under section 2 and 3 of criminal law amendment act, 1961 and sections 121 to 130 of the indian penal code, 1860; v) the persons sentenced under sections 3, 4, 5, 6 to 10 of the official secrets act, 1923; vi) the persons imprisoned for failing to give security for keeping peace ..... 332, 333, 352, 353 or 377 of the indian penal code, or of an assault committed after admission to jail on a warder or other officer or under section 6 of the good conduct prisoners' probational release act, 1926 (x of 1926), the remission of whatever kind earned by him under these rules up to the date of the said conviction may, with the sanction of the inspector-general of prisons, be cancelled.635. ..... (2) special remission may also be given to any prisoner released under the good conduct prisoners' probational release act, 1926 for special services as:(i) special excellence in, of greatly increased out-turn or good quality,(ii) assisting employer in case of outbreak of fire or protecting his life ..... three annual good conduct remissions:provided that nothing herein shall apply to a prisoner who-(i) is a habitual offender as defined in sub-section (3) of section 2 of punjab habitual offenders (control and reform) act, 1952; or(ii) has been convicted of dacoity or such other offence as the state government may, by notification, specify. .....

Ali Imran Vs. Regional Passport Officer

Court : Andhra Pradesh

Reported in : 2003(3)ALD625; 2003(4)ALT474

..... noted that under the provisions of the passports act, 1967, no power is vested in the regional passport officer to correct entries in the passport. ..... issued are as under(a) where an applicant is seeking rectification/correction of a mistake in the entry on date of birth/place of birth in the passport, pia (passport issuing authority) may after verifying/satisfying himself, affect the correction treating the same as a technical correction. ..... competent authority issuing a birth certificate or an educational board registering a date of birth along with place of birth as valid were to issue any correction or amendment, pia may effect the necessary amendment in the passport without insisting on a court order. ..... educational authority and subsequently the applicant requests for a change of the entry on the basis of the certificate issued by another authority the passport issuing authority is required to direct the applicant to obtain a proper declaration from the civil court.4. ..... alleging that the respondents refused to receive the application for amendment/ correction of date of birth, the petitioner filed the instant writ petition seeking a direction to the respondent to receive the application and ..... the petitioner again approached the respondent, namely, regional passport officer, secunderabad requesting to correct the date of birth ..... the provisions of section 21 of the general clauses act, 1997, a competent authority issuing a certificate could also make necessary amendments to the same. .....

Hajra Iqbal Memon Vs. Union of India

Court : Delhi

Reported in : 1997IIAD(Delhi)441; 66(1997)DLT62; 1997(41)DRJ108

..... this writ petition was amended as in the meanwhile the petitioner had received an order dated september 25, 1996 passed under section 10(3)(c) of the passports act, 1967 (hereinafter referred to as 'the act') impounding the passport of the petitioner. ..... as regards the other contention of non communication of reasons for impounding the passport, it is stated that under section 10(5) of the indian passports act, 1967, the passport authority may withhold the reason in case it is of the opinion that it will not be in the interest of the general public to ..... forfeiture proceedings of her properties in her own name) for impounding her passport is still not over, i, k.c.singh, joint secretary to the government of india and chief passport officer in the exercise of powers conferred upon me under section 10(3)(c) of the passports act, 1967 uphold the impounding order no. ..... it was in pursuance to this advise that her passport was impounded under section 10(3)(c) of the indian passports act, 1967 in the interest of the general public vide impounding ..... in terms of section 5(2) of the indian passports act, 1967 cgi dubai caused an enquiry on her application ..... accepted by parliament and the infirmity pointed out by it was set right by the enactment of the passports act 1967. ..... as follows: '3.before we examine the rival arguments urged on behalf of the parties in regard to the various questions arising in this petition, it would be convenient to set out the relevant provisions of the passports act, 1967. .....

Ranjit Bajaj Vs. Regional Passport Authority

Court : Punjab and Haryana

Reported in : AIR2004P& H327

..... we are of the view, therefore, that the passports act, 1967 is 'procedure established by law' within the meaning ..... passport was liable to be rejected if a criminal case was pending against the applicant both before and after the enactment of the passports act, 1967. ..... the passports act, 1967 may also be said ..... in this case the hon'ble supreme court was not concerned with the vires of the provisions of any of the sections of the passports act and their lordships were primarily concerned with the freedom to travel as postulated in article 21 of the constitution of india and its limitations.6 ..... there is no absolute right and this right is subject to limitations of the passport act as it is a procedure established by law.we have already noticed that the factual matrix of the present ..... the passports act defines a process of law by which the restriction could be placed upon leave to a person to travel abroad and claim protection on the terms and conditions of the passport issued in the name ..... of india, air 1978 sc 597 it is argued that within the provisions of article 21 of the constitution of india travelling abroad being a fundamental right, restrictions spelt out in section 6(2)(f) of the act amounts to unreasonable restrictions and in fact tantamount to frustrating a right granted to the petitioner under the constitution and as such are ultra vires of the constitutional provisions.upon notice, the respondent has filed ..... himself in gopalan's case an amendment of old standing law would still .....

Juvairiya Vs. the Regional Passport Officer

Court : Kerala

..... (the passport rules are included in the passport act, 1967 (bare act) in the 2011 and 2013 edition ..... of india contended relying on annexure r1(a) produced along with the statement filed by him, which is none other than an extract of table 2 forming part of schedule iii of the rules, that in the case of a minor when a fresh passport is applied for, if the parents of the minor are divorced, apart from proof of present address, the parent who is in custody of the child should produce proof of date of birth of the minor child, certified copy of the ..... in the event of a court case he/she would be responsible and not the passport officer and that where only one parent is applying, the physical appearance of the child may be requested to ensure the applicant parent has the actual custody of the child, that the petitioner had along ..... , 1980 it is stipulated that if the applicant parent is not in a position to get the consent of the other parent "for whatever reason", the parent applying for the passport of the minor may sign the form and submit a sworn affidavit as per annexure "g" stating the facts and circumstances of the case along with the application, that the affidavit should also state that ..... above requirement is incorporated in the passport rules, 1980 (amend from time to time) and based on the passport rules it is incorporated in the passport manual. .....