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Documents citing Smt. Umapati Devi vs Union Of India And 3 Others on 24 September, 2019

Mohd. Talha vs Uoi Thru. Its Secy. Ministry Of External ... on 1 May, 2025

(8) Per contra, Shri S.B. Pandey, learned D.S.G.I. has stated that on a plain reading of the judgment passed by a Co-ordinate Bench of this Court in Umapati's case, it is apparent that the said decision has not noted any of earlier judgments passed by Co-ordinate Benches of this Court relating to similar issue nor the Notifications of the Ministry of External Affairs, New Delhi dated 25.08.1993 and Office Memo dated 10.10.2019 issued by the Government of India under Section 22 of the Passport Act, 1967, which it appears were not brought to the notice of the said Co-ordinate Bench.
Allahabad High Court Cites 25 - Cited by 0 - R Roy - Full Document

Paras Upadhyay vs Union Of India Thru. Secy. Ministry Of ... on 4 February, 2025

However, in the same vein, he has also referred to another judgment dated 25.06.2024 rendered by a Co-ordinate Bench in Writ-C No.5587 of 2024 : Umapati vs. Union of India & Ors. wherein it has been held that there is no provision in the Passport Act requiring any permission to be taken from the court of criminal jurisdiction where the criminal trial are pending for issuance of a passport and a direction has been issued to the Passport Officer to take a decision on the application of the petitioner. The submission is that this judgment dated 25.06.2024 has been rendered in ignorance of and without considering earlier judgments on the same subject by the Co-ordinate Benches. He has also invited our attention to various judgments of Hon'ble the Supreme Court wherein the law of precedents has been discussed and it has been held that in the event, there being conflicting judgments of Co-ordinate Benches, it is the earlier judgment which should be followed especially in a case where the subsequent Division Bench has not considered the earlier Division Bench judgment.
Allahabad High Court Cites 14 - Cited by 0 - R Roy - Full Document

Father Dominic Pinto vs The State Of U.P. Thru. Its Addl. Chief ... on 15 April, 2025

4. Sri Surya Bhan Pandey, Deputy Solicitor General of India/Senior Advocate assisted by Sri Varun Pandey, learned counsel for the respondent nos. 3 and 4 has very fairly brought on record a judgement of this Court dated 16.1.2025 passed in Writ-C No. 281 of 2025 (Sanjay Kumar Pandey Vs. Union of India and another) wherein the judgement in the case of Umapati (Supra) has been held to be per-incuriam as it has not been discussed the settled proposition of law in several cases and directed that the applicant/petitioner may apply for No Objection Certificate/permission from the court of criminal jurisdiction where the aforesaid criminal case is pending in pursuance of the notifications dated 25.8.1993 and 10.10.2019. The relevant extract of the judgement is quoted hereinbelow:
Allahabad High Court Cites 8 - Cited by 0 - M Kumar - Full Document

Satyarath Mishra vs Union Of India And 3 Others on 29 April, 2025

1. Mr. Vishveshwar Mani Tripathi, learned advocate appears on behalf of petitioner and submits, his client has applied for re-issue of passport on application dated 9th June, 2022. Copy of the online application receipt is at page no.13 (annexure no.1). In spite thereof, the passport has not been reissued. This is purportedly because criminal cases are pending, in which his client is involved. He relies on order dated 25th June, 2024 of another coordinate Bench in Writ-C no.5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others), paragraph 7. The paragraph is reproduced below.
Allahabad High Court Cites 2 - Cited by 0 - Full Document

Mukul Kumar Goel vs Union Of India And 2 Others on 5 May, 2025

1. Mr. Amar Jeet Upadhyay, learned advocate appears on behalf of petitioner and submits, his client has applied online for issuance of passport on 2nd December, 2024. Copy of the online application receipt is at page no.15 (annexure no.1). In spite thereof, the passport has not been issued. This is purportedly because criminal cases are pending, in which his client is involved. He relies on paragraph 7 of order dated 25th June, 2024 of a coordinate Bench in Writ-C no.5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others). Said paragraph is reproduced below.
Allahabad High Court Cites 2 - Cited by 0 - Full Document

Balvir Singh vs Union Of India And 2 Others on 12 May, 2025

3. Pendency of criminal case is not fatal for issuance of fresh or renewal of passport. Different coordinate Benches by order dated 25th June, 2024, in Writ C no. 5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others) and by order dated 19th January, 2024 in Writ C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), had taken view regarding pendency of criminal case against applicant for issuance/re-issuance/renewal of passport to say, inter alia, such pendency did not affect applicant's entitlement to have the passport. It is different matter when competent Courts forbids a person from travelling abroad.
Allahabad High Court Cites 2 - Cited by 0 - Full Document

Narendra Kumar vs Union Of India And 4 Others on 15 May, 2025

3. Pendency of criminal case is not fatal for issuance of fresh or renewal of passport. Different coordinate Benches by order dated 25th June, 2024, in Writ C no. 5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others) and by order dated 19th January, 2024 in Writ C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), had taken view regarding pendency of criminal case against applicant for issuance/re-issuance/renewal of passport to say, inter alia, such pendency did not affect applicant's entitlement to have the passport. It is different matter when competent Courts forbids a person from travelling abroad.
Allahabad High Court Cites 2 - Cited by 0 - Full Document

Nishant Kumar Chaturvedi vs Union Of India And 3 Others on 15 May, 2025

3. Pendency of criminal case is not fatal for issuance of fresh or renewal of passport. Different coordinate Benches by order dated 25th June, 2024, in Writ C no. 5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others) and by order dated 19th January, 2024 in Writ C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), had taken view regarding pendency of criminal case against applicant for issuance/re-issuance/renewal of passport to say, inter alia, such pendency did not affect applicant's entitlement to have the passport. It is different matter when competent Courts forbids a person from travelling abroad.
Allahabad High Court Cites 2 - Cited by 0 - Full Document
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