2011 (12) TMI 661

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..... ning order has been issued on the complaints filed against the petitioners for the alleged offences under Section 500 and 506 and other provisions of IPC at the instance of husband, father -in -law and mother -in -law of the second petitioner. The contention of the petitioners is that as regards complaint filed by the relatives of the second petitioner through her husband, the High Court of Allaha .....

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..... e Section reads that on the revocation of the passport, the authority will be competent to direct the surrender of the passport. The manner of how the revocation is along with other reliefs is brought through Section 10 which deals with variation, impounding and revocation of the passport and travel documents. The language employed under Section 10 maintains distinctions between variation, impound .....

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..... there is a situation warranting impounding of a document, there is no necessity to pass an independent order requiring a surrender since the expression impounding itself contemplates a situation of seizure of a document. (Referred to P. Ramanatha Aiyar's dictionary for meaning of impounding). In this case, admittedly the passport has not been revoked and the question of directions for surrend .....

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..... ssport authority is satisfied that a warrant or summons has been so issued or an order has been so made. Therefore circumstances do exist for impounding or revoking in the manner contemplated under sub Section 10(3) if proceedings for commission of criminal offence are pending. Section 10(5) deals with the procedure to be adopted before such an order varying or cancelling the passport or trav .....

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..... uation where a travel document is sought to be impounded the procedure under Section 10(5) must be read in such a way that the rule of natural justice is ingrained through that provision. That principle could be said to be satisfied only after serving a notice of such intention and calling upon the affected party to show cause against such revocation or impounding. Without going through the fundam .....

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