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Summary on New Provision for Impounding a Document
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Impounding of Documents under Specific Laws
The Indian Stamp Act, 1899, allows for the impounding of documents, such as bonds, if they are insufficiently stamped (IND_HC_KLHC010696462004; 02200021653). The court can impound documents based on provisions in Sections 33 and 35, considering stamp duty compliance. Impounding is typically limited to such documents and does not generally include passports unless specified under special laws. -
Impounding Passports under Special Legislation
The Passports Act, 1967, explicitly provides for the impounding, revocation, or detention of passports (INDMAD00000369794; 02100043305; 02200021653; 02300001735). Section 10(3) of the Act empowers authorities to impound passports after following a due process, including providing an opportunity of hearing to the passport holder. This specific legislation overrides general provisions like Section 104 of the Cr.P.C., which permits impounding of any document or thing, but does not extend to passports unless under the Passports Act. -
Legal Procedure and Court's Role
Courts are involved in ensuring procedural compliance when passports are impounded. They can direct authorities to initiate proceedings for impounding and ensure that the rights of the passport holder are protected, including hearing opportunities (INDMAD00000369794; 02100043305). Even if the impounding is challenged, courts have held that the passport holder must follow prescribed legal remedies, which may include applying afresh for a passport if impounded illegally (01500045817). -
Distinction between General and Special Laws
The impounding of passports is governed by the Passports Act, a special law, which takes precedence over general provisions such as Section 104 of the Cr.P.C. that allows impounding of documents generally (INDMAD00000369794; 00400056545). The Act provides specific grounds and procedures for impounding, ensuring legal safeguards for the passport holder.
Analysis and Conclusion
Impounding a document is primarily governed by specific statutes like the Indian Stamp Act for stamp duty-related documents and the Passports Act for passports. The Passports Act explicitly prescribes procedures, including hearing rights, and overrides general laws such as the Cr.P.C. regarding impounding powers. Courts play a crucial role in ensuring procedural fairness and legality in such actions. When impounding passports, authorities must strictly adhere to the provisions of the Passports Act, and any illegal impounding can be challenged through legal remedies, including appeals and writ petitions.
References:
- Indian Stamp Act, Sections 33 & 35 Rageshree Mohanty VS Subhrakanta Das Mohapatra - Orissa
- Passports Act, 1967, Sections 6(1)(a), 10(3), 11 INDMAD00000369794; 02100043305; 02300001735
- Cr.P.C., Section 104 Baskaran vs The State of Tamil Nadu - Madras
- Supreme Court decisions on impounding procedures and rights 00400056545; 01500045817
Search Results for "New Provision for Impounding a Document"
2008 Supreme(Online)(KER) 20717 • India - High Court of Kerala
M.SASIDHARAN NAMBIAR, J
The document in question was claimed to create a new liability for a payment of Rs. 5,00,000 with a provision for property assignment ... it was subject to the stamping provisions that require impounding for insufficiency. ... Stamp - Admissibility of Document - Kerala Stamp Act - Section 2A, Section 33 - The court interpreted the definition of a bond ... This petition is filed contending that though the document recites about pre-existing liability, a new#H....
2025 Supreme(Online)(Mad) 42366 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
The Act being a specific Act whereas Section 104 of Cr.P.C. is a general provision for impounding any document or thing, it shall prevail over that Section in the Cr.P.C. as regards the passport. ... As the Passports Act is a special act, the rule that general provision should yield to the specific provision is to be applied. 9. ... When we read Section 104 of Cr.P.C. and Section 10 of the Act together, under Cr.P.C., the Court is empowered to impound any document or thing produced bef....
2018 0 Supreme(Mad) 1348 • India - Madras
M.V.MURALIDARAN
opportunity of hearing to the person concerned. – It is made clear that even the Court cannot impound the Passport despite enabling provision ... Learned CCB and CBCID Metropolitan Magistrate, Allikulam in Crl.M.P. filed for return of his passport bearing old.No.Z1758487 and the new ... However, the duty of the court is to direct the passport authority to commence the proceedings for the impounding of the passport by strictly ad hearing the provision as envisaged under section 10(3) of the Passports Act as the same is a ....
2018 0 Supreme(Bom) 715 • India - Bombay
PRAKASH D.NAIK
of Supreme Court in case of Suresh Nanda (Supra) decision can be taken by such Authority after hearing passport holder illegal impounding ... Passport Authority- In circumstances passport was seized by respondents - Retention of passport for such a long period amounting to impounding ... without prejudice to rights and contentions respondents any other Competent Authority Passport Authority to initiate action and of impounding ... The Act being a specific Act whereas Section 104 of Cr.P.C. is a general provision for #HL_....
2008 0 Supreme(SC) 119 • India - Supreme Court
P.P.NAOLEKAR, MARKANDEY KATJU
or thing produced before it, provision will only enable the Court to impound any document or thing other than a passport. – This ... . – Passport of the appellant as well as other documents were seized by the respondent from 4, Prithviraj Road, New Delhi in a search ... is because impounding a “passport” is provided for in Section 10(3) of the Passports Act. – Passports Act is a special law while ... The Act being a specific Act whereas Section 104 of Cr.P.C. is a general provision f....
2008 0 Supreme(Mad) 240 • India - Madras
K.RAVIRAJA PANDIAN, CHITRA VENKATARAMAN
The appellant challenged the impounding of the passport in a writ petition. ... The court also analyzed Section 11, which provides for the appeal against the impounding order. ... The appellant's passport was impounded, and the appeal against the impounding order was dismissed. ... Variation, impounding and revocation of passports and travel documents — ... .(1) The passport authority may, having regard to the provisions of sub-section (l) of Section 6 or any notification under Secti....
2017 0 Supreme(Ori) 1091 • India - Orissa
BISWANATH RATH
Impounding of Document - Stamp Duty - Indian Stamp Act, 1899, Section 33, 35 - The court rejected the application for impounding ... The decision was supported by the provisions in Section 33 & 35 of the Indian Stamp Act and the precedent of New Central Jute Mills ... The decision was supported by the provisions in Section 33 & 35 of the Indian Stamp Act and the precedent of New Central Jute Mills ... The provisions makes it clear enabling ....
2018 0 Supreme(Ker) 743 • India - Kerala
DAMA SESHADRI NAIDU
“In other words, even if the Court holds the impounding illegal, the passport holder must apply afresh and get a new one. ... Later, he received a barrage of notices, relentlessly replied but, in the end, lost his passport—to impounding. ... ... • Impounding the passport meant a permanent deprivation of the passport ... That is, if judicial proceedings are pending about an offence the applicant allegedly committed, the passport authority “shall refuse to issue a passport or travel document.“ Section 10....
2025 Supreme(Online)(Mad) 67131 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
The trial Court mistakenly allowed the document to be marked based on the witness's admission regarding its execution. ... ... ... Result: Civil Revision Petition partly allowed; the document marked as Ex.A14 was directed to be unmarked but the prayer ... ... ... Findings of Court: ... The Court determined the order impounding the original lease deed was erroneous since the original ... However, such a document, it was held, could be received in evidence as provision is made under the Act for payme....
2008 0 Supreme(P&H) 1406 • India - Punjab and Haryana
RAJAN GUPTA, ASHUTOSH MOHUNTA
Passport - Denial of Passport - Passports Act, 1967, Sec.6(1)(a) - The court discussed the provisions of the Passports Act, 1967 ... The Ordinance also made provisions for impounding or revocation of passports or travel documents and clearly defined the grounds for the such impounding or revocation. ... It made provisions for impounding or revocation of passports or travel document and the criteria therefor. The Act made provisions ....
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