AI Overview...
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NOC for Passport Renewal - Courts recognize that the issuance of No Objection Certificates (NOCs) is essential for passport renewal, especially when pending criminal cases or other legal issues exist. Courts have held that trial courts possess the authority to issue NOCs, and refusal without proper grounds can be challenged. Mohammed Hubban Mallick @ Hubban Mallick @ Md. Hubban Mallick VS Union of India - Jharkhand, Kundan Kumar @ Kundan Kumar Sharma VS Union of India - Jharkhand, Pradeep Pugalia vs State of Odisha - Orissa, Ashok Kumar Behera vs State of Odisha - Orissa
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Court Authority and Procedure - The trial court's role is critical in granting NOCs, particularly for under-trial or criminal cases. Courts can issue NOCs with specific validity periods (e.g., two years), and their decisions can be contested if misapplied statutory provisions or procedural errors are identified. Mohammed Hubban Mallick @ Hubban Mallick @ Md. Hubban Mallick VS Union of India - Jharkhand, Kundan Kumar @ Kundan Kumar Sharma VS Union of India - Jharkhand, NOUSHAD
vs
STATE OF KERALA - Kerala, Pradeep Pugalia vs State of Odisha - Orissa -
Rights to Travel and NOC Requirements - The right to travel abroad is protected under constitutional provisions (e.g., Article 21). Courts have emphasized that obtaining a passport or NOC does not require citizens to demonstrate a compelling reason, and in some cases, the requirement of NOC can be waived or challenged if improperly enforced. Ashok Kumar Behera vs State of Odisha - Orissa, ZAHOOR AHMAD PAHALWAN vs UT OF J&K - Jammu and Kashmir, Munawar Faruki vs The State Of Madhya Pradesh - Madhya Pradesh
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Specific Cases and Exemptions - Certain rulings have addressed exemptions under the Passports Act, 1967, and related rules, noting that wrongful denial or demand of NOC without proper legal basis can be contested. Courts have also considered cases involving misconduct, criminal charges, or pending cases, balancing legal restrictions with fundamental rights. Nandan Kumar Mittal VS Union of India - Uttarakhand, NOUSHAD
vs
STATE OF KERALA - Kerala, Charu Narendrabhai Bhatt VS State Of Gujarat - Gujarat, Munawar Faruki vs The State Of Madhya Pradesh - Madhya Pradesh
Analysis and Conclusion:
Courts generally affirm that NOCs are a necessary legal requirement for passport renewal or issuance, especially when pending criminal cases or legal restrictions are involved. However, they also recognize the constitutional right to travel and have shown willingness to scrutinize improper denials or misuse of procedural requirements. The authority to issue NOCs primarily rests with trial courts, which must exercise this power judiciously, ensuring that legal provisions are correctly applied and individual rights are protected.
Search Results for "Noc for Passport"
2023 0 Supreme(Jhk) 302 • India - Jharkhand
RAJESH SHANKAR
Passport - Issuance of NOC for Renewal - Passports Act, 1967, Section 6(2)(f), GSR 570(E) dated 25.08.1993, Office Memorandum ... Issues: The primary issue was the refusal to issue NOC for passport renewal based on the pending criminal case against the ... Ratio Decidendi: The court held that the trial court has the authority to issue NOC for passport issuance or renewal, in accordance ... Though the present writ petition was initially filed for return of the said #....
2023 0 Supreme(UK) 590 • India - Uttarakhand
RAVINDRA MAITHANI
The petitioner argued that NOC from the Court was not required for passport renewal. ... It emphasized the requirement of NOC for passport renewal and dismissed the petition. ... It emphasized the requirement of NOC for passport renewal and the exemptions provided under Section 22. ... What is being impliedly argued is that wrongly, the Passport Authorities had demanded NOC from him, when for the first time or second time, he sought renewal of his #H....
2022 Supreme(Online)(KER) 63206 • India - High Court of Kerala
Ziyad Rahman A. A, J
Passport - Immoral Traffic Prevention Act - Sections 3, 4, 5 - The court considered the petitioner's need for a renewed passport ... Final Decision: The court modified the previous order to issue an NOC for two years validity for passport renewal. ... Finding of the Court: The court found merit in the petitioner's argument for an NOC for passport renewal, noting that ... The main grievance highlighted by the petitioner is against the rejection of the prayer to issue an NO....
2023 0 Supreme(Jhk) 315 • India - Jharkhand
RAJESH SHANKAR
the role of the trial court in granting NOC for passport issuance. ... Ratio Decidendi: The court held that the trial court has the power to issue NOC to an under trial accused for passport issuance ... application and immediate issuance of passport. ... If the court grants NOC to the petitioner, he may file an application for issuance of passport/renewal of passport before the respondent no. 1 which shall be dealt with by the said respondent in acc....
2025 Supreme(Online)(Ori) 4817 • India - IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Act, 1881; Passport Act, 1967 - The court reviewed the order rejecting the petitioner's request for NOC to renew an expired passport ... The trial court misapplied statutory provisions regarding NOC requirements for passport renewal and interim court orders. ... (Paras 15, 16) ... ... Facts of the case: ... The petitioner seeks renewal of a passport, essential ... The present application has been filed by the Accused- Petitioner for a direction to the trial court to grant ....
2024 0 Supreme(Guj) 2087 • India - Gujarat
A. S. SUPEHIA, GITA GOPI
for passport renewal in 2013. ... Services (Conduct) Rules, 1971 - Rule 3(1) and (2) - Charge-sheet issued against a government servant for misconduct related to passport ... renewal without NOC - The court found the charge to be unfounded due to the absence of misconduct as defined by the rules and the ... being Passport No.L-1877142 in the year 2013 did not obtain any NOC from the State Government. ... for renewal of passport would amount to misconduct. ... It cannot be said that non....
2024 Supreme(Online)(MP) 16542 • India - High Court of Madhya Pradesh
Final Decision: The court allowed and disposed of the application, directing the Magistrate to grant NOC for Passport for ... Passport - Criminal Offence - Right to Passport Fact of the Case: The applicant, an accused of various criminal offences ... of Passport to citizens with pending criminal cases, and the distinction between the right to have a Passport and the right to travel ... The Magistrate is directed to decide the application afresh and to grant NOC for ....
2025 Supreme(Online)(Ori) 4144 • India - IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
for passport application to visit his daughter in Singapore but faced rejection due to alleged unauthorized absence and pending ... (A) Constitution of India - Article 21 - Passports Act, 1967 - Right to travel abroad - Authority's refusal to issue No Objection ... ... ... Result: Writ petition allowed; orders quashed, directing issuance of NOC. ... Paragraphs 4.23 to 4.25 under Chapter-IV of Passport Manual, 2020 have been referred to which provide that NOC is a mandatory document to be obtained by t....
2025 Supreme(Online)(J&K) 1212 • India - IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
The petitioner challenges a trial court's refusal to grant a No Objection Certificate (NOC) for passport issuance, which was dismissed ... The court asserts that every citizen has the right to hold a passport without demonstrating a pressing need for travel, quoting * ... The court allows the petition, setting aside the trial court's order and remanding the NOC application for reconsideration. ... Therefore, for obtaining passport or NOC, it is not necessary for a citizen to demonstrat....
2024 Supreme(Online)(MP) 38282 • India - High Court of Madhya Pradesh
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Section 528 of BNSS, 2023 - Quashment of impugned order - The petition seeks quashment of an order rejecting the application for passport ... (Paras 1-2) ... ... (B) Right to life - Right to have a passport is included under the right to ... (Paras 1-2) ... ... Facts of the case: ... The petitioner sought renewal of a passport valid until ... The Magistrate is directed to decide the application afresh and to grant NOC for Passport for a period of one year after verifying the criminal record of the ....
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