Passport granting officer refused the certified copy of the order and demanding NOC from the court. I was issued a short validity passport valid for five years by a court order in 2021 due to an ongoing criminal case. However, my court case was disposed of and closed in October 2023. I possess a copy of the disposal order for my court case, and I have no pending cases against me in any court of law. I wish to renew my short validity passport to a full ten-year passport. When I went to apply for my passport renewal, the passport granting officer asked me to bring a No Objection Certificate (NOC) from the court, and my application was put on hold.
I informed the granting officer that my case has been disposed of and no case is pending against me in any court. I even presented a certified copy of the disposal order, but the officer refused to accept my application. Subsequently, I went to the session court to obtain the NOC. However, the judge refused to provide the NOC, stating that the court does not issue NOCs for disposed cases. I seek your advice on whether I should approach the High Court regarding this matter.
Asked from: Uttar Pradesh
The criminal court in India does not issue a no objection certificate for the granting or renewal of a passport. Permission from the court for passport renewal is typically sought when a criminal case is pending. In such situations, the court may grant permission if it deems that the personal attendance of the accused is not necessary during the trial.
However, once the criminal case has been disposed of, the matter is considered closed unless it is open for consideration in appeal. Since no appeal has been filed by the prosecution against the court’s order, there is no pending criminal case against you. Therefore, the demand for a no objection certificate from the court is illegal and holds no ground.
You should file a writ petition in the High Court under Article 226 of the Constitution of India. Traveling abroad is considered a fundamental right (Menaka Gandhi vs Union of India AIR 1978 SC 597), and any arbitrary action to prevent a citizen from traveling abroad constitutes a violation of Articles 14, 19, and 21 of the Constitution of India.
The demand for a no objection certificate is illegal; hence, the High Court may direct the concerned authority to renew your passport within the stipulated period of time. A declaration from the passport holder stating that no criminal case is pending, along with verification from the concerned police station, should be sufficient to accept that declaration. The passport authority has no right to refuse a certified copy of the court order, and such a refusal also amounts to contempt of court.For more legal help please visit Kanoon India.
When can the passport be submitted to Passport Seva Kendra
Resignation not accepted by state government resultantly unable to join new job in central government. I joined as an Auditor in the Odisha government in February 2023 and gave my resignation in September 2023 to join a position in the central government. Since then, my salary has been stopped, but my resignation was not accepted due to pending work regarding the non-submission of audit reports. I expressed my inability to submit the reports citing reasons and showed willingness to refund the amount of my salary for the days of default. However, despite three reminders, I have not received any response for about six months now. I did not take up the previous central government job for which I requested resignation. However, I have now secured another central government job. Could you please advise me on the procedure I should follow now and what actions could be taken?
Asked from: Odisha
Regardless of the reasons for not submitting the audit report within the stipulated time, the state government is obligated to provide reasons for delay in not accepting your resignation. By refusing to accept your resignation, the state government is preventing you from taking up the new job in the central government. Meanwhile, your salary has been stopped, directly impacting your right to livelihood. This deprivation of employment due to an unreasonable delay in accepting your resignation is unacceptable.
In this situation, it is imperative that you promptly file a writ petition in the Odisha High Court under Article 226 of the Constitution. Deprivation of livelihood constitutes a violation of fundamental rights. Article 21 of the Constitution asserts that no person can be deprived of their life and personal liberty except by the procedure established by law.
There is a prescribed procedure for accepting the resignation of a government servant. If the employer has suffered any loss due to the actions and conduct of the employee, it may recover the loss from the employee but cannot indefinitely delay the decision on resignation. Such actions are unfair, unjust, and unreasonable, thus violating fundamental rights.
The high court shall ask from the concerned authority to state the reason for delay in taking decision on the petitioner’s resignation. If the court finds that reason is unsatisfactory it may direct the authority to decide the resignation application within a stipulated time or finally dispose of the petition with any other appropriate decision.
The right to livelihood is not explicitly mentioned as a fundamental right in the Constitution of India. However, it is derived from Article 21, which guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this article expansively to include the right to livelihood as an integral part of the right to life.
In various judgments, the Supreme Court has held that the right to life under Article 21 encompasses the right to earn a livelihood by lawful means. The court has recognized that the right to livelihood is essential for the realisation of the right to life with dignity. Therefore, any deprivation of livelihood must be in accordance with the procedure established by law and must be reasonable and justifiable. For more legal help please visit Kanoon India.
How to ensure re-entry in matrimonial home? I seek a residence order as I have been at my parents’ house for nine months now. I have a two-month-old child, and my husband abandoned me in the middle of my pregnancy. I have filed an FIR against him, but he secured anticipatory bail, and all legal proceedings are still pending. Can I re-enter my matrimonial house?
Asked from: Uttar Pradesh
Under the Domestic Violence Act, a residence order is a legal directive that can be sought by a victim of domestic violence. It grants the victim the right to reside in the shared household, regardless of ownership or tenancy rights, and can also restrain the abusive partner from entering the household.
To obtain a residence order, the aggrieved person needs to file a complaint before the court of judicial magistrate, detailing the domestic violence experienced and requesting relief, including the right to reside in the shared household.
You should file a complaint under Section 12 of the Protection of Women from Domestic Violence Act 2005. The provision for a residence order under the Domestic Violence Act is contained in Section 19. This section empowers the Magistrate to pass a residence order in favour of the aggrieved person to grant them the right to reside in the shared household.
The residence order may also restrain the respondent from dispossessing or disturbing the possession of the aggrieved person from the shared household. Additionally, the Magistrate may impose other necessary conditions in the residence order to provide protection to the aggrieved person.
Under various laws including the Domestic Violence Act and personal laws like the Hindu Marriage Act, a wife typically has the right to reside in the matrimonial home. This right is recognized irrespective of whether she owns the property or not. It’s aimed at providing her with a safe and secure place to live, especially in situations where she may be facing domestic violence or marital discord.
The residence order will guarantee your return to the matrimonial home and will also safeguard your personal safety. Your husband does not have the authority to limit your entry as the right to reside in the matrimonial home is inherent to the marital status of a wife. For more legal help please visit Kanoon India.
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Sapinda relation in Hindu family for ancestral property. I have some confusion about the sapinda relation. My father and me are want to get share in the ancestal property but the court is adament to reject our plea on the ground that we do not come under the concept sapinda as explained in the Mitakshra Law of inheritance. Now please advice what is sapinda and how to claim our share?
Asked from: Uttar Pradesh
In Mitakshara school of law, “sapinda” refers to a person’s relatives who are connected through the line of ascent or descent, as well as those who are connected through the line of ascent of the father and the line of ascent of the mother. The concept of sapinda is important in matters such as marriage and inheritance, where restrictions may be imposed on relationships within a certain degree of sapinda to prevent incestuous unions and maintain social order. The exact rules regarding sapinda relationships may vary depending on specific cultural and legal interpretations within different regions.
In Mitakshara law, the concept of sapinda is closely linked to the inheritance of ancestral property. Sapinda relatives are those who are connected through the line of ascent or descent, as well as through the line of ascent of the father and the line of ascent of the mother.
When it comes to the inheritance of ancestral property, the law often imposes restrictions on who can inherit based on sapinda relationships. In many cases, only sapinda relatives are entitled to inherit ancestral property, while those outside the sapinda relationship may not have a legal claim to the property.
Additionally, there may be specific rules regarding the order of inheritance among sapinda relatives, with closer relatives typically having priority over more distant relatives. These rules help maintain the integrity of family property and ensure that it remains within the family lineage.
Overall, the concept of sapinda is significant in determining inheritance rights and the transmission of ancestral property within the framework of Mitakshara law. For more legal help please visit Kanoon India.
Someone is compelling me to marry against my will. The date for a collective marriage has been fixed, but I do not want to proceed with it. The girl’s family is threatening me that if I don’t marry her, they will take legal action against my entire family. What should we do?
Asked from: Uttar Pradesh
In the absence of an engagement or any formal agreement for marriage, it is unlawful to coerce someone into marriage against their will. If you are being threatened with marriage under such circumstances, you have the right to file a First Information Report (FIR) for the offense of extortion. Should you endure any harm as a result of these threats, it is important to take appropriate legal action.
The consent of each party to a marriage is mandatory. No one can be forced into marriage against their will. Section 5 of the Hindu Marriage Act also mandates the free consent of each party for a valid marriage. If you are being coerced into marriage against your will, that marriage could be voidable. You have the option to file a civil suit under Section 12 of the Hindu Marriage Act for the annulment of the marriage.
Quashing of charge sheet for the want of sanction for offence under Section 354B IPC. I am working as an executive officer in the nagar palika. There was some dispute regarding the payment of wages among the sweepers. They were called band and doing dharna pradarshan in the premises of nagar palika. After intervention of the district magistrate they called of their pradarshan and resumed their job. The hartal was lasting for thirty-four days. There was no order from the sashan for payment of wages during the hartal period. When those sweepers were demanding salary for the hartal period, I refused. Consequently, one lady sweeper went violent and threatened me in front of the office bearers. Later on she lodged an FIR against me under section 354B IPC.
Now charge sheet has been filed against me. This is an another story not necessary to disclose here. When the prosecution requested for granting sanction for prosecution, the competent authority has refused. Despite the refusal charge sheet has admitted and process has been issued against me. I want to quach this proceeding, therefore, contacted some advocates and they suggest to contest the case. Whereas i want to quash this case on the ground of want of sanction. Please help.
Asked from: Uttar Pradesh
Section 197 of the Code of Criminal Procedure offers protection to government servants from malicious prosecution for acts committed in the discharge of official duties. In such cases, no court can take cognizance of the offence without the prior sanction of the Central Government or the State Government, as applicable.
In the case of State of Orissa vs. Ganesh Chandra Jew (2004) 8 SCC 40, the court clarified the rationale behind the protection provided under Section 197. It emphasised that
This safeguard aims to shield responsible public servants from potentially frivolous criminal proceedings arising from actions performed while fulfilling their official duties. The legislative intent is to provide adequate protection to public servants, ensuring they are not prosecuted without reasonable cause for acts carried out in their official capacity. Moreover, if sanction is granted, it empowers the Government to exercise complete control over the prosecution.
However, this protection has limitations and applies only when the alleged act is reasonably connected to the discharge of official duty and not merely a guise for objectionable conduct. The phrase “discharge of duty” encompasses any action directly related to the official duty of the government servant. To invoke Section 197, it must be demonstrated that the accused official was charged with an offence allegedly committed while acting or purportedly acting in the discharge of official duties.
Read also: Trial court cannot convict the accused in absence of sanction for prosecution
The focus is on the act itself rather than the duty, as the same act can be performed both in the fulfilment and neglect of official duty. The act must fall within the scope and purview of the official duties of the public servant concerned. The protection under Section 197 is applicable if the act is within the ambit of the official duty.
Determining the reasonable connection between the act and official duty, a reliable criterion is to ascertain whether the public servant’s failure to perform the act in question could render them liable for dereliction of duty. If the answer is yes, it suggests that the act was committed while discharging official duty. Therefore, establishing a clear connection between the act and the public servant’s official duties.
Read also: Alteration of charge
Under Section 197 CrPC, a sanction for prosecution is not required when a government servant is accused of an offense alleged under Section 354B IPC. Disrobing a woman in a public place is not considered an official duty of a government servant. Therefore, sanction for prosecution is unnecessary in such cases.
While Section 197 CrPC explicitly prohibits the requirement of sanction for prosecution in certain instances, the high court cannot simply quash the charge sheet solely because the accused is a public servant. In this scenario, there was no need to obtain sanction for prosecution from the competent authority. The refusal of sanction in your case is beyond the authority granted by law, therefore, quashing is not feasible under Section 482 crpc. For more legal help please visit Kanoon India.
Also read: Trial in absence of sanction for prosecution is invalid even in Terrorist Act
Quashing of FIR against the travel agent. In 2018, I arranged a tour booking for a family to the USA through an agent in the USA. However, due to a medical issue faced by one of the travellers, they requested to postpone the trip. Subsequently, the COVID-19 lockdown occurred, further delaying their travel plans. In 2020, when they expressed a desire to proceed with the tour, I was unable to contact the USA agent. I assured the travellers that I would organise the tour once I secured the necessary funds.
However, in 2022, a family member from their group filed a First Information Report (FIR) against me. I applied for bail in the sessions court, but it was rejected due to inadequate representation by my lawyer. Consequently, I approached the High Court and obtained interim relief. Unfortunately, I made an error by committing to repay the tour amount in instalments through an affidavit, which I was unable to fulfil. As a result, they vacated the interim bail in October 2023, and the case against me is ongoing.
I believe that the case is being unjustly treated as a criminal offence when it is, in fact, a civil matter. I suspect that the opposing party exerted pressure on the police to escalate it to a criminal offence. I am currently facing difficulties as a result of this situation, and I am seeking assistance to have the case quashed in the High Court.
Asked from: Uttar Pradesh
The possibility of quashing the FIR against the travel agent exists if the agent can prima facie demonstrate an absence of intent to deceive the customer. The absence of deception on the part of the travel agent constitutes strong grounds to establish that the ongoing criminal proceedings amount to an abuse of the court’s process. Therefore, in the interest of justice, the high court may quash such an FIR.
An FIR is typically filed when a cognizable offence has been committed by the accused. In your case, it appears that an offence of cheating, punishable under Section 420 of the IPC, is alleged. As per Section 415 of the Indian Penal Code, cheating involves deceiving another person with the intent to induce them to deliver property or valuable security, or to do or omit to do anything valuable. The essential elements of cheating under Section 415 IPC include:
- Deception by the accused
- Fraudulent or dishonest intention to induce the deceived person
- Delivery of property or valuable security as a result of the deception
- Causing damage or harm to the deceived person
For an act to constitute the offence of cheating, all these elements must be satisfied.
In your case, there appears to be no intention to deceive the customer (complainant). The postponement of the tour due to a medical issue with one of the customers and the subsequent disruption caused by the COVID-19 pandemic led to challenges in arranging the tour.
As there was no deception involved, no offence can be established against you. The failure to fulfil the contract can be considered a breach of contract, which is purely a civil wrong.
Criminal proceedings cannot be initiated solely for breach of contract. The Supreme Court, in the case of Usha Chakraborty & Anr. v. State of West Bengal & Anr 2023, has held that
criminal proceedings may be quashed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) when the dispute is essentially of a civil nature and is used as a means of harassment.
It is important to exercise caution and discretion in exercising jurisdiction under Section 482 Cr.P.C. to ensure that it serves the ends of justice and prevents the abuse of the legal process.
Usha Chakraborty
In Bhajan Lal’s case the Supreme Court has also held that an FIR may be quashed if the matter attracts civil dispute. Hence, you should file a petition before the high court under Section 482 crpc for the quashing of the FIR. In absence of criminal intention to deceive the complainant the high court may quash this FIR. For more legal help please visit Kanoon India.
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