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Judgements

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Evidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held:... Read More

Maintenance claim by wife ----- Entitlement if Divorce decree has been passed in favour of husband on the ground of cruelty (1999-08-20)

Code of Criminal Procedure, 1973; S. 125- Maintenance claim by wife ----- Entitlement if Divorce decree has been passed in favour of husband on the ground of cruelty ------ A Divorce was passed in... Read More

Surrender of Passport in Public interest (1978-01-25)

Passport Act, 1967; S. 10(3) (C ) – Constitution of India; Art. 19 and 21 -- Facts of the Case : Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional... Read More

Passport Act, 1967; S. 10(3) (C ) –
Constitution of India; Art. 19 and 21 --
Facts of the Case : Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer, New Delhi, issued a letter dated 2/7/1977 addressed to Maneka Gandhi, in which she was asked to surrender her passport under section 10(3)(c)of the Act in public interest, within 7 days from the date of receipt of the letter.

Maneka Gandhi immediately wrote a letter to the Regional Passport officer, New Delhi seeking in return a copy of the statement of reasons for such order. However, the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public. Later, a writ petition was filed by Maneka Gandhi under Article 32 of the Constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution.

ISSUES OF THE CASE:
1. Whether right to go abroad is a part of right to personal liberty under Article 21.
2. Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said article.
3. Whether section 10(3)(c) of the Passport Act is violative of Article 14,19(1) (a) and 21 of the constitution.
4. Whether the impugned order of the Regional passport officer is in contravention of the principle of natural justice.

Judgement and the Guidelines Issued:
>> To the extent to which section 10(3)(c) of the Passport Act, 1967 authorizes the passport authority to impound a passport “in the interest of the general public”, it violates Article 14 as it confers vague and undefined power on the passport authority.
>> Section 10(3)(c) is void as conferring an arbitrary power as it doesn’t provide for a hearing to the holder of the passport before the passport is impounded.
>> Section 10(3)(c) is violative of Article as does not prescribe ‘procedure’ within the meaning of that article and the procedure practiced is worst.
>> Section 10(3)(c) is against Articles 19(1)(a) and 19(1)(g) since it permits restrictions to be imposed on the rights guaranteed by these articles even though such restrictions cannot be imposed under articles 19(2) and 19(6).
>> A new doctrine of post decisional theory was evolved.
>> One of the significant interpretation in this case is the discovery of inter connections between the three Articles- Article 14, 19 and 21.
>> This law which prescribes a procedure for depriving a person of “personal liberty” has to fulfill the requirements of Articles 14 and 19 also.
>> It was finally held by the court that the right to travel and go outside the country is included in the right to personal liberty guaranteed under Article 21.
>> The rule was an enabling law which must also be “just, fair and reasonable”.

Conversion of the contested Divorce suit to Mutual Divorce (2015-01-07)

Special Marriage Act, 1954; S. 27 and 28 – Conversion of the contested Divorce suit to Mutual Divorce – Held: the learned Judge ought to have allowed the petitioner’s application... Read More

Recognition of third gender (2014-04-15)

Constitution of India; Art. 14 and 21 -- Recognition of third gender – Held: the Court upheld transgender persons’ right to self-identify their gender. The Constitution requires equal... Read More

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Power of Attorney Act, 1882; S. 1A , 2 ------ Transfer of Property Act, 1882 : Validity and legality of SA/GPA/WILL transaction ----- A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property ----- The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him ----- An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor ----- SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property ----- the “concept of power of attorney sales have been recognized as a mode of transaction” when dealing with transactions by way of SA/GPA/WILL are unwarranted and not justified, unintendedly misleading the general public into thinking that SA/GPA/WILL transactions are some kind of a recognized or accepted mode of transfer and that it can be a valid substitute for a sale deed.
Such decisions to the extent they recognize or accept SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law ----- Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property ----- Held: We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the
developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding ‘SA/GPA/WILL transactions’ are not intended to apply to such bonafide/genuine transactions.

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court (2016-09-01)

Negotiable Instruments Act, 1881; S. 138 ---- Whether the petitioner being victim complainant was entitled to prefer the appeal against judgment and order of acquittal in the Court of the learned... Read More

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Hindu Marriage Act, 1955; S. 13 – Divorce on the ground of cruelty against wife – Wife attempted to commit suicide by pouring kerosene without any reason – Observed that no husband... Read More

Whether Revenue Record establish title (2013-02-21)

Revenue Record – Whether Revenue Record establish title – Held: revenue record is not a document of title. It merely raises a presumption in regard to possession. Presumption of... Read More

Non-appearance of the complainant (2016-02-29)

Code of Criminal Procedure, 1973; S. 256 -- Negotiable Instruments Act, 1882; S. 138—Whether dismissal of complaint due to non-appearance of the complainant amounts to acquittal of the accused... Read More

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Judgements

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Maintenance claim by wife ----- Entitlement if Divorce decree has been passed in favour of husband on the ground of cruelty (1999-08-20)

Surrender of Passport in Public interest (1978-01-25)

Conversion of the contested Divorce suit to Mutual Divorce (2015-01-07)

Recognition of third gender (2014-04-15)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court (2016-09-01)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Whether Revenue Record establish title (2013-02-21)

Non-appearance of the complainant (2016-02-29)

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Judgements

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Maintenance claim by wife ----- Entitlement if Divorce decree has been passed in favour of husband on the ground of cruelty (1999-08-20)

Surrender of Passport in Public interest (1978-01-25)

Conversion of the contested Divorce suit to Mutual Divorce (2015-01-07)

Recognition of third gender (2014-04-15)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court (2016-09-01)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Whether Revenue Record establish title (2013-02-21)

Non-appearance of the complainant (2016-02-29)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law