Legal Reference Library

The Madras High Court Bench here has held that Regional Passport Officers must adhere to principles of natural justice before impounding passports though the Passport Act, 1967 does not contain an expression provision to follow Audi Alteram Partem (a Latin phrase that means that the other side should be heard as well before taking a decision). Justice M. Venugopal passed the order while allowing a writ petition filed by S. Joseph Nuson of Tirunelveli serving as a Bosun, also known as Boatswain, with an Iranian company. The petitioner was aggrieved against impounding of his passport by the Regional Passport Officer here by citing the pendency of a criminal case before Koodankulam police. According to the petitioner, he had come to his hometown on vacation in May last when a quarrel erupted between one Prabhu and Milton over the Koodankulam Nuclear Power Project issue. The quarrel ended up in violence with Prabhu using a sword to hack Milton. Then, he and other villagers present on t...

1) Satwant Singh Sawhney v. D.Ramarathnam. Asst. Passport Officer, 1967 (3) SCR 52 2) Menaka Gandhi v. Union of India, 1978 (1) SCC 248 3) Industrial Credit and Investment Corporation of India Ltd. v. Grapco Industries Ltd., (1994) 4 SCC 710 4) Suresh Nanda v. Central Bureau of Investigation, 2008 (3) SCC 674 5) Damji Valaji Shah & another Vs. L.I.C. of India & others [AIR 1966 SC 135] 6) Gobind Sugar Mills Ltd. Vs. State of Bihar & others [1999 (7) SCC 76] 7) Belsund Sugar Co. Ltd. Vs. State of Bihar and others [AIR 1999 SC 3125] 8) Sanjeev R.Apte v. I.F.C.I. Ltd., and others, 2008 (154) DLT 77 9) Smt.Annai Jayabharathi v. The Debt Recovery Tribunal & Anr., CDJ 2005 Ker HC 171 10) Allahabad Bank v. Radhakrishna Maity, AIR 1999 SC 3426 11) Ramalinga v. Radha, 2011 (4) CTC 481 12) Sinnaswami Chettiar v. Aligi Goundan and others, AIR 1924 Madras 893 (OVERRULED) 13) Nallagatti Goundan v. Ramana Gounda and others, AIR 1925...

1) Satwant Singh Sawhney Vs. D. Ramarathnam, Asstt. Passport Officer (1967) 3 SCR 525, para 31 2) Maneka Gandhi Vs. Union of India and another (1978) 1 SCC 248, page 280 3) Damji Valaji Shah & another Vs. L.I.C. of India & others [AIR 1966 SC 135]; 4) Gobind Sugar Mills Ltd. Vs. State of Bihar & others [1999(7) SCC 76]; 5) Belsund Sugar Co. Ltd. Vs. State of Bihar and others [AIR 1999 SC 3125 6) State of Orissa Vs. Binapani Dei [Air 1967 SC 1269] 7) G.P. Singh's Principles of Statutory Interpretation (9th Edition pg. 133). 8) Law Lexicon by P. Ramanatha Aiyar (2nd Edition) Appeal (crl.) 179 of 2008 PETITIONER: SURESH NANDA RESPONDENT: C.B.I. DATE OF JUDGMENT: 24/01/2008  BENCH: P.P. NAOLEKAR & MARKANDEY KATJU JUDGMENT: JUDGMENT O R D E R [ ARISING OUT OF S.L.P.(CRL.) 3408 OF 2007 ] ................. Now, it has been held by this Court in Satwant Singh's case (supra) that 'personal liberty' within the meaning of Ar...