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True Colors of a Vile Wife

Tag: Right to Travel

Noor Paul Vs Union of India and Ors on 05 Apr 2022

Posted on May 31, 2022 by ShadesOfKnife

A division bench of Punjab and Haryana High Court held as follows,

(57) In our opinion, non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC , and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure. It is violative of Art.21 of the Constitution of India.

Noor Paul Vs Union of India and Ors on 05 Apr 2022

Citations :

Other Sources :

https://legiteye.com/in-cwp-5492-2022-om-punj-hc-non-supply-of-copy-of-look-out-circular-to-person-travelling-abroad-is-not-fair-and-reasonable-procedure-holds-ph-hc-justices-ramachandra-rao-harminder-singh-madaa/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Look Out Circular Notices Noor Paul Vs Union of India and Ors Right to Travel | Leave a comment

Deepak Sharma Vs State of Haryana on 12 Jan 2022

Posted on January 15, 2022 by ShadesOfKnife

Another false case victim was stopped from traveling abroad for his employment, but Supreme Court cut the tail of the false complainant and allowed his to travel to US of A.

The allegations in the complaint against the Appellant prima facie do not disclose, against the Appellant, any offence under Section 498A of the IPC, which contemplates cruelty, that is willful conduct of such a nature, as is likely to drive the woman to commit suicide or to cause grave injury or danger to the life, limb or health (whether physical or mental) of the woman.
It is interesting to note that in the complaint, the complainant has given the address of her husband in U.S.A. in addition to his permanent address at Faridabad. The complainant has, for reasons known to herself, not made any reference in her complaint to the fact that the Appellant is a resident of Texas, where he is working. The complaint gives the impression that the Appellant is a resident of Faridabad.
From the complaint itself, it is patently clear that the Appellant does not reside in the same premises as his brother, being the husband of the complainant. The averments in the pleadings in the Courts below read with the complaint show that they do not even live in the same place. The Appellant works in Texas, U.S.A., whereas his brother lives and works in North Carolina.
The complainant has not given any particulars of the jewellery that had allegedly been taken by her mother-in-law and brother-in-law. There is not a whisper of whether any jewellery is lying with the Appellant. It is not even alleged that the Appellant forcibly took away or misappropriated the complainant’s jewellery or refused to return the same in spite of request. Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the IPC.
There is not even any allegation against the Appellant of any demand or threat or torture for dowry or property. Failure to control an adult brother, living independently, or giving advice to the complainant to adjust to avoid vindictive retaliation from the Accused No. 1 cannot constitute cruelty on the part of the Appellant within the meaning of Section 498A of the IPC.
There are no specific allegations against the Appellant of misrepresentation or concealment. There is not a whisper of the Appellant’s role in the marriage negotiations that took place in India. As observed above, the Appellant who is the elder brother-in-law of the complainant, resides in U.S.A. There is only a general omnibus allegation that all the accused ruined the life of the complainant by misrepresentation, concealment, etc. On the face of the averments in the complaint, the complainant’s husband made certain misrepresentations to her. The Appellant is not liable for the acts of cruelty, or any other wrongful and/or criminal acts on the part of his parents or brother.
There is nothing specific against the Appellant except the vague allegation that the Appellant and his mother, that is the complainant’s mother-in-law kept her jewellery. The only other allegation is that the Appellant had not done anything, when the complainant had spoken to the Appellant about his brother’s conduct and behaviour, he had told the complainant to remain quiet as Nitin could be a very bad enemy. In any event a deed of compromise has now been executed between the complainant and her husband being the Accused No. 1. A copy of the compromise settlement has been enclosed. The Appellant is not party to the settlement.
Having regard to the nature of the allegations, it is not understood how and why the Appellant should have been detained in India. In our considered opinion, the Chief Judicial Magistrate, Kurukshetra, erred in directing this Appellant not to leave the country without prior permission of the Court.

The apprehension that the husband of the complainant (Accused No.1) who had been working in the U.S.A. might leave the country cannot be ground to deny the Appellant’s prayer to go back to the U.S.A. to resume his duties in a Company in which he has been working for about 9/10 years. The High Court has also not considered the allegations against the Appellant. There is not even any prima facie finding with regard to liability, if any, of the Appellant to the complainant. There are no specific allegations against the Appellant.

Final nail in the coffin…

The instant application was strongly opposed by the State. This Court finds no merit in the contentions of the State. Ex facie, the allegations in the FIR do not disclose any offence under the provisions of the IPC referred to in the FIR. Ms. Monika Gusain stated that charge-sheet has been filed. She has not been able to point out what is the offence so far as this Appellant being the brother of Nitin Sharma, living in the USA is concerned. The repetitive allegations in the complaint are directed against the husband of the complainant, Nitin Sharma (Accused No.1) and his parents, particularly, his mother being the Accused No.2.

Deepak Sharma Vs State of Haryana on 12 Jan 2022

Other Sources:

https://www.livelaw.in/top-stories/personal-liberty-supreme-court-allows-brother-in-law-accused-in-section-498a-ipc-case-to-travel-abroad-189551

https://www.barandbench.com/news/litigation/giving-advice-avoid-vindictive-retaliation-husband-not-cruelty-498a-ipc-supreme-court

https://lawtrend.in/498-a-ipc-advising-woman-to-adjust-with-husband-taking-jewellery-for-safe-custody-is-not-cruelty-rules-sc/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Deepak Sharma Vs State of Haryana Misuse of IPC 498A Misuse of Women-Centric Laws Non-Reportable Judgement or Order Right to Travel | Leave a comment

Krishna Chiranjeevi Rao Palukuri Venkata Vs Union of India and Ors on 1 Oct 2020

Posted on October 16, 2020 by ShadesOfKnife

Karnataka High Court held that issuance of new passport may be barred in sec 6 of Passports Act 1967, but not renewal.

11. A reading of Section 6(2)(f) of the Passport Act indicates that, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country, if a criminal proceeding is pending against the applicant in India . However, the said provision does not provide for refusing to issue a passport for a person who intends to travel back to India . Hence, reading of this provision clearly indicates that it is applicable only for issuing a fresh passport and not for renewal of passport and this view is fortified by the decision of the Delhi High Court rendered in the case of Ashok Khanna –vs- Central Bureau of Investigation (supra). Delhi High Court while interpreting Section 6 of the Passport Act, 1967 has held that the Passport Authority can refuse to issue passport or an endorsement for visiting any country but nowhere in the provision it is mentioned that even for renewal of passport, the Authority can refuse to renew the passport.

Krishna Chiranjeevi Rao Palukuri Venkata Vs Union of India and Ors on 1 Oct 2020
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to Krishna Chiranjeevi Rao Palukuri Venkata Vs Union of India and Ors Passports Act Sec 6(2)(f) - Refusal of passports and travel documents etc Right to Travel | Leave a comment

Satwant Singh Sawhney Vs Assistant Passport Officer, New Delhi on 10 April, 1967

Posted on December 10, 2018 by ShadesOfKnife

This is another landmark judgment which held the right to travel.

The composition of Bench is

BENCH:
RAO, K. SUBBA (CJ)
HIDAYATULLAH, M.
BACHAWAT, R.S.
SHELAT, J.M.
VAIDYIALINGAM, C.A.

 

Satwant Singh Sawhney Vs Assistant Passport Officer, New Delhi on 10 April, 1967

Citation: AIR 1976 SC 1836, 1967 AIR 1836, 1967 SCR (2) 525

Indiankanoon link: https://indiankanoon.org/doc/1747577/


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Landmark Case Right to Travel Satwant Singh Sawhney Vs Assistant Passport Officer New Delhi | Leave a comment

Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi on 14 December, 2012

Posted on July 23, 2018 by ShadesOfKnife

Hon’ble Delhi High Court held that, “It is settled law that right to travel is a facet of personal liberty and is protected by Article 21 of the Constitution of India. (See Maneka Gandhi Vs. Union of India & Anr., (1978) 1 SCC 248 and Satwant Singh Sawhney Vs. D. Ramarathnam, Assistant Passport Officer, Government of India, New Delhi & Ors., AIR 1976 SC 1836).”

13. This Court is also of the opinion that if the impugned condition imposed by the
Additional Sessions Judge is not immediately set aside, the petitioner in the near future
could lose her job.
14. Moreover, in the opinion of this Court, petitioner who is having no criminal
antecedents and good academic qualifications is unlikely to abscond.
15. Consequently, present petition is allowed and the condition imposed by the impugned
order dated 06th October, 2012 restraining the petitioner from leaving the boundary of
the NCT of Delhi as well as the NCR and the country without the prior permission of the
Court of Metropolitan Magistrate is set aside.
16. The SHO/Investigating Officer is directed to release the petitioner’s passport forthwith.

 

Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi on 14 December, 2012
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Courts Can Not Impound Passport Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi Return The Passport To Accused Right to Travel | Leave a comment

Maneka Gandhi Vs Union of India on 25 January 1978

Posted on June 12, 2018 by ShadesOfKnife

The landmark judgment from Apex Court which held that any law that deprives the life and liberty must be just and fair.

The composition of the Bench is

BENCH:
BEG, M. HAMEEDULLAH (CJ)
CHANDRACHUD, Y.V.
BHAGWATI, P.N.
KRISHNAIYER, V.R.
UNTWALIA, N.L.
FAZALALI, SYED MURTAZA
KAILASAM, P.S.

 

Maneka Gandhi Vs Union Of India on 25 January, 1978

Citation: [1978 AIR 597], [1978 SCR (2) 621], [1978 SCC (1) 248]

Indiankanoon link: https://indiankanoon.org/doc/1766147/


List of other case laws around Article 21 are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Landmark Case Maneka Gandhi Vs Union Of India Only Passport Authority Can Impound Passport Right to Travel | Leave a comment

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