Look Out Circular (LOC) Issuance and Judicial Review
The issuance of LOC against Rajesh Kumar Mehta has been challenged in courts. In a significant judgment, the Delhi High Court in Rajesh Kumar Mehta v. Union of India (INDTEL00000003287) quashed the LOC issued against him, declaring it arbitrary and illegal, and reaffirmed the importance of procedural fairness in such cases. Similarly, in another case, the High Court followed this precedent, quashing the LOC based on the same principles T.V. Sandeep Kumar Reddy vs The Union of India - Telangana.
Legal Principles and Constitutional Safeguards
The courts have emphasized that LOCs should be issued following proper procedures and that issuance without adequate notice or opportunity to be heard violates principles of natural justice. In a constitutional context, challenges based on Articles 14, 19(1)(g), and 21 have been made against such circulars, leading to their quashing when procedural lapses are found Pathuri Praveen VS Union of India - Telangana.
Nature and Purpose of LOCs
LOCs are typically issued to prevent individuals from leaving the country when they are involved in investigations or legal proceedings. However, courts have scrutinized their issuance to ensure they are not used arbitrarily or as a punitive measure without due process Sumita Dey Bhattacharya VS Union of India - Delhi.
Circulars and Administrative Orders
Several references highlight that circulars, such as those issued in 1957 or 1950, can become ineffective if they are superseded or no longer in force, affecting the validity of actions based on them SWAROOP CHAND SINGH VS STATE OF U. P. - Allahabad.
Specific Cases and Incidents
The sources mention incidents involving injuries and criminal cases (e.g., the injuries on Shyam Kumar Mehta), but these are not directly linked to the LOC issue. The focus remains on the procedural legality of circulars and LOCs rather than specific criminal allegations Bihari Mehta VS State Of Bihar - Patna.
The main insight is that the issuance of Look Out Circulars must adhere to procedural fairness and constitutional protections. Courts have consistently held that LOCs issued arbitrarily or without proper notice violate fundamental rights, leading to their quashing. The cases of Rajesh Kumar Mehta exemplify judicial scrutiny over administrative circulars, emphasizing that such measures cannot be used as punitive tools without following due process.
References: - Pathuri Praveen VS Union of India - Telangana - Bihari Mehta VS State Of Bihar - Patna - SWAROOP CHAND SINGH VS STATE OF U. P. - Allahabad - Mukund K. Pai VS Punjab National Bank - Supreme Court - T.V. Sandeep Kumar Reddy vs The Union of India - Telangana - Sumita Dey Bhattacharya VS Union of India - Delhi
(A) Constitution of India - Articles 14, 19(1)(g), and 21 - Look Out Circular (LOC) - Petitioners challenge the issuance of LOC against ... On the similar issue, in a recent decision in Rajesh Kumar Mehta v. ... Circular is quashed. ... Admittedly, in the instant case, Look Out Circular (LOC) was issued against the petitioner No. 1 basing on the request made by the Originating Agency i.e., respondent-bank. ... It is further case of the petitioners th....
He had found following ante mortem injuries on the dead body of Shyam Kumar Mehta : ... (i) A circular wound 1 cm. in diameter on anterior chord of righaxilla in middle margin everted and charred,ie, wound of entry. ... ... (ii) A circular wound on right side of chest 1" below the cavity 3 cm. in diameter margin averted, i.e., wound of exit. ... (iii) A circular wound 2 cm. in diameter on right side in middle of sub-mantibular region margin everted, i.e., wound of entry. ... On hulla Raj Kishore #HL_....
—We have heard Sri Ravi Kant, Senior Advocate, assisted by Sri Ram Raj Prajapati and Sri Ashok Mehta, Senior Advocate assisted by Sri Saurabh Kumar, for the petitioner. Sri Rakesh Kumar Gupta appears for Sri Hari Sharan Gautam (Intervenor). ... He submits that in the circular dated 22.5.1957, issued in pursuance to Modification Order 1956, it is clear that Appendix-A to the circular, which was included and circulated alongwith Government Order dated 12.9.1950, is no more in force. ... ....
Fixation of Ex-Servicemen in Public Sector Banks - 2014 Guidelines - Clarifications issued by Indian Banks Association and HRMD Circular ... ... ... Issues: The main issues pertained to the validity of IBA Clarification and HRMD Circular against the 2014 guidelines and ... , contested the bank's re-fixation of their salaries below initial pay after re-employment, based on IBA clarification and HRMD Circular ... Dhruv Mehta, learned senior counsel and Mr. Rajesh Kumar Gautam, learned ....
Colour Blindness, to name a few – Service conditions of the respondents-Drivers are governed by extant service Regulations and Circulars ... by disabled drivers who have already been discontinued, received the monetary compensation as per Corporations Regulations and Circulars ... regards (a) supra, as Section 47 of Act affords full protection to disabled drivers, to confer benefits on them under Regulations/Circulars ... Angamuthuammal (13 supra), Ramesh Mehta v. Sanwal Chand Singhvi (14 supra), Whirlp....
The Court noted that the department had taken all necessary steps to serve the petitioner, including issuing a look out circular ... The Court noted that the department had taken all necessary steps to serve the petitioner, including issuing a look out circular ... Reliance is also placed by counsel for the petitioner on Circular bearing F. ... As the petitioner could not be served in the ordinary way a look out circular was issued on 28.3.2014. The Department took st....
On the similar issue, in a recent decision in Rajesh Kumar Mehta vs. Union of India and others2, the Hon’ble High Court of Delhi followed the aforesaid decision in Viraj Chetan Shah’s case (supra), and quashed the Look Out Circular issued against the petitioner therein. ... Out Circular is quashed. ... Out Circular against the petitioner herein and to further declare the communication dated 24/11/2021 addressed to the petitioner in that regard as arbitrary, illegal an....
However, no such circular has been placed before the Court and it is not part of the record. ... recovered from the companies and it is pursuant to such circular the authorities are proceeded accordingly. ... Bhagat ... Sri Rajesh Narang Sri Shyam Kacholia Sri Rajesh Narang td ... Bhagat Sri Rajesh Narang td width="30%" valign="top" style="width: 30.44%; border-left: 1.0pt solid windowtext; border-right: 1.0pt solid windowtext; border-top
The petitioner Rakesh Mahajan was never a Director of PAN Realtors Pvt. ... Limited cannot be recovered from the petitioner Rakesh Mahajan being a Director of the shareholding company Nirala Developers Private ... Limited can be recovered against the petitioner Rakesh Mahajan being a Director of the shareholding company Nirala Developers Private ... To give an example, if a structure is used for circular trading or round tripping or to pay bribes then such transactions, though having a legal form, should be discarded by ....
Fact of the Case: The case involved allegations of cheating and corruption against three accused, Rajesh Gupta, V.S ... Mehta, and Diwan Chand. ... Mehta with the money paid to him by Diwan chand. Accused Rajesh Gupta has not sent fax message dated 5.1.2005. Rajesh Gupta and V.S. Mehta have, thus, paid Rs.10,50,935/- to Diwan Chand fraudulently. No question of payment of commission was involved in this case. Rajesh Gupta and V.S. ... He had stated that the said #HL_....
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