AI Overview...
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Section 15 of the Passports Act - Mandatory Sanction for Legal Proceedings:
Obtaining sanction under Section 15 is essential before initiating criminal proceedings related to passport offenses. Failure to do so, as seen in the case where the charge sheet was filed without sanction, vitiates the trial process. This emphasizes the mandatory nature of Section 15 approval to ensure lawful prosecution Mohammed Fariz and Co. VS Commissioner of Customs - Kerala. -
Permission to Leave the Country - Mandatory Requirement:
Under the Passport Act, prior permission is required for Indian citizens to leave the country, especially when restrictions or ongoing legal proceedings are involved. Non-compliance, such as jumping bail or leaving without permission, contravenes statutory provisions and can lead to legal consequences State of A. P. rep. by it’s the Public Prosecutor VS Kollam Gangi Reddy - Crimes. -
Passport Suspension and Restrictions - Under Sections 10 and 10A:
The Act allows for suspension or extension of passport validity in cases involving criminal proceedings or investigations. Courts have upheld such suspensions, emphasizing that restrictions are permissible pending criminal cases, but must adhere to legal standards Rajiv Saxena VS Union of India - Delhi. -
Refusal and Conditions for Passport Issuance:
Passport authorities may refuse issuance based on ongoing investigations or legal restrictions, but such refusals must respect constitutional rights (Articles 14, 19(1)(d), 21). Unreasonable conditions or violations of fundamental rights are subject to judicial review Rajindra Singh Sethia VS State through the S. P. , C. B. I. - Crimes, Vijay Gupta VS Union of India - Allahabad, Mohan C. Lazarus VS Regional Passport Officer, Regional Passport Office, Madurai - Madras. -
Legal Framework and Manual Guidelines:
While the Passport Manual provides procedural guidance, it cannot override statutory provisions of the Passports Act. Courts have clarified that manual guidelines must conform to the Act’s stipulations S. Nancy Nithya, D/o. C. Sundar VS Government Of India - Karnataka. -
Exemptions and Special Cases:
Government servants and minors have specific exemptions under Sections 7, 8, and 24, allowing issuance or renewal of passports despite ongoing cases, provided conditions are met and procedural safeguards are followed Mirza Habib ul Hassan Beigh VS Union of India - Jammu and Kashmir, Parvez Mohammad Abdul VS Union of India - Telangana.
Analysis and Conclusion:
Section 15 of the Passports Act mandates prior sanction for criminal proceedings related to passport offenses, ensuring legal propriety. The Act also requires permission for citizens to leave India, with restrictions and suspensions permissible under Sections 10 and 10A during ongoing investigations. Passport issuance or renewal can be refused if legal proceedings are pending, but such decisions must respect constitutional rights and procedural fairness. Manual guidelines supplement but do not supersede statutory provisions. Overall, compliance with Section 15 and related legal requirements is crucial for lawful prosecution and enforcement of passport-related restrictions.
Search Results for "Passport Act Section 15 Permission Mandatory"
2018 0 Supreme(Ker) 929 • India - Kerala
K.VINOD CHANDRAN, ASHOK MENON
obtaining sanction under Section 15 of the Passports Act vitiated the trial- The entire proceedings initiated against the petitioner ... The charge sheet which was filed without obtaining sanction under Section 15 of the Passports Act vitiated the trial- The entire ... Muhammed Basheer, obtained the alleged passport in the year 1999. ... Section 108(1) of the Act empowers any Gazetted Officer of C....
• India - Crimes
B.SIVA SANKARA RAO
6(2)(f) of the Passport Act for any permission to leave the country as required by the notification supra that is mandatory. ... 6(2)(7) of Passport Act for any permission to leave the country—He abused the concession of bail and jumped bail by leaving the ... (2) of Section 6 of the Indian Passports Act subject to the conditions. ... 6(2)(f) of the Passport Act for any #HL_START....
• India - Crimes
D.P.WADHWA
Criminal Procedure Code, 1973 - Section 437 or 439 - Non - bailable offence - Trial not commenced - Principles governing grant of ... He had strictly warned his staff that no facilities even within the existing sanctioned limits were to be permitted to ESAL and other group companies without his written permission. ... He submitted that the petitioner had defrauded Allied Arab Bank earlier and was involved in a deception charge under Section 15 of the Theft Act, in U.K., and the petitioner was on red ale....
2021 0 Supreme(Mad) 101 • India - Madras
G.R.SWAMINATHAN
Passport - Right to Travel Abroad - Indian Passports Act, 1967, Section 6(2)(f), Section 10(3)(e) - The court discussed the provisions ... of the Indian Passports Act, 1967, particularly Section 6(2)(f) and Section 10(3)(e), and the interpretation of these provisions ... The court highlighted the mandatory refusal to issue a passport if proceedings in respect of an offence alleged to have been com....
2023 0 Supreme(All) 2708 • India - Allahabad
UMESH CHANDRA SHARMA
(A) Passports Act, 1967 - Article 14, 19(1)(d), and 21 of the Constitution of India - Application for passport issuance - Applicant ... The police report influenced the passport authority's refusal. ... the conditionality imposed by the passport authority is unreasonable as it violates fundamental rights. ... VI/401/37/79] In exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967 (15 of 1967) and i....
2020 0 Supreme(Del) 968 • India - Delhi
NAVIN CHAWLA
Passport - Suspension of Passport - The Passports Act, 1967, Section 10, Section 10A Fact of the Case: The petitioner ... challenged the suspension and extension of suspension of his passport under Section 10A of The Passports Act, 1967. ... The court refrained from making any comment on the petitioner's permission to travel abroad due to pending criminal proceedings. ... In fact, those proceedin....
2022 0 Supreme(Mad) 2613 • India - Madras
RMT. TEEKAA RAMAN
Passport - Criminal Revision Case - Section 397, Section 401 of Cr.P.C. - Sections 120-B, 347, 348, 506(i) of IPC, Sections 8, ... 10, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, Section 6(2)(f) of the Passports Act, 1967 - Summary: The court ... The court referred to various legal provisions including the Passports Act, 1967 and the Prevention of Corruption Act....
2022 0 Supreme(Kar) 477 • India - Karnataka
M. NAGAPRASANNA
passport issuance - minor's custody - Passports Act, 1967, Section 24; Passports Rules, 1980, Section IV(A)(3); Passport Manual ... It emphasized that the Passport Manual cannot override the Passports Act and Rules. ... The court emphasized that the Passport Manual cannot run counter to the Passports Act and Rules. ... To consider the issue, it is germane to not....
2022 0 Supreme(Telangana) 523 • India - Telangana
K. LAKSHMAN
Passport Renewal - Refusal of Passport - Passports Act, 1967, Section 6 - GSR 570(E) Notification - Passport Issuance Guidelines ... The petitioner was also granted liberty to file a petition before the trial court seeking permission to travel abroad. ... of the Passports Act, 1967, and related guidelines. ... Refusal of passports, travel documents: (1) xxx xxx xxx (2) Subject to the other provisions of this #HL_S....
2018 0 Supreme(J&K) 170 • India - Jammu and Kashmir
M.K.HANJURA
Passport - Issuance of Full-term Passport - Passports Act, 1967, Section 7, Section 8, Section 22 - The court discussed the Passports ... , and the exemption for government servants under the Passports Act, 1967. ... pending criminal cases and the exemption for government servants under the Passports Act, 1967. ... or the other conditions indicated in Section 6 ....
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