Back
M. S. RAMACHANDRA RAO, H. S. MADAAN
Gaurav Sachdeva – Appellant
Versus
Union of India – Respondent
JUDGMENT
M.S. Ramachandra Rao, J. - CM-15212-CWP-2022
1. The petitioner is a Medical Professional and is challenging in the Writ Petition the action of Bureau of Immigration (respondent No.3) in issuing a Look Out Circular (for short 'LOC') preventing petitioner from travelling abroad in August 2022. In this CM, he contends that that he has to travel abroad as he would be conferred an award in an International Meet to be held from 29.10.2022 to 01.11.2022 at Baku in Azerbaijan and also to Canada for re-scheduling the appointment with the Canadian authorities for extension of his permanent status, by keeping the LOC in abeyance and by restraining the respondents from preventing him from travelling abroad.
2. A loan had been granted by the respondent No.2-Bank to M/s Mediciti Hospital Pvt. Ltd. prior to 2011 for which the petitioner is alleged to be a guarantor. There was default in repayment of the dues by the borrower and respondent No.2-Bank filed OA No.3086 of 2017 (Old OA No. 254 of 2012) before the Debts Recovery Tribunal-III, Chandigarh for recovery of Rs. 9,69,58,146/- from the defendants therein and an ex-parte recovery certificate was obtain on 19.05.2018 in the said OA.
3. Con
The central legal point established in the judgment is the high threshold required to deny a person the right to travel abroad, the need for a fair and just procedure in issuing and extending Look Ou....
The judgment establishes the principle that the right to travel abroad is protected under the Constitution of India and cannot be deprived without following fair, just, and reasonable procedures.
The main legal point established is the requirement for procedural safeguards in the issuance of Look Out Circulars, ensuring compliance with principles of natural justice and a fair, just, and reaso....
The central legal point established in the judgment is that the right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
The fundamental right to travel abroad under Article 21 of the Constitution of India requires a high threshold to be curtailed, and the issuance of Look Out Circulars (LOCs) should be limited to case....
Issuance of Look Out Circulars must be based on concrete evidence and cannot be justified solely by the default in loan repayment, as it violates fundamental rights without due process.
Look Out Circulars must be justified by substantial evidence and cannot infringe on fundamental rights without clear, objective criteria.
The central legal point established in the judgment is that the issuance of Look Out Circulars must be based on exceptional circumstances and must conform to constitutional standards, including the r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
