That the opposite party is a
statutory authority discharging the sovereign functions under
Passport Act, 1967 ; As such it cannot be fastened with any
liability ... cited case, it is observed that issuing of passport is a
statutory function and the passport officer cannot be held to
be a service provider
Sunil Ramchandani Sanwad Nagar Indore vs Karyawahak Adhikari Passport Officer on 29 June, 2022
e0iz0 jkT; miHkksDrk fookn izfrrks"k.k vk;ksx] Hkksiky ... Indian Passport Act to discharge their duties,
thus, they are discharging statutory functions. When a citizen
applies for passport, unless the Passport Authorities are satisfied
issue, it is germane to notice the statutory
frame work with regard to issuance of passport to a minor. Section
24 of the Passports ... Therefore, they are part of the statute and
are statutory. The Passport Manual are guidelines to issue a
passport are a solution to answer circumstances
evident that the
requisite statutory forms mandate various details including the detail relating
to the valid travel documents i.e. passport and visa ... State. It is this
strong statutory flavour and clear indicia of power-constitutional
or statutory, and its potential or capability to act to the detriment
confirmed by the
adjudicating authority vide order dated 09.02.2021 and his
passport is also impounded and investigation has been
completed in Cr.No.185/2017 ... infancy and
incorrect and contrary to records. The counsel submits that when
passport of the petitioner is seized, the question of flee away
from
necessary correction by the
concerned Statutory Authorities, Judicial Magistrate or the Civil
Court, as the case may be. The Passport Authorities are always
within their ... necessary
correction by the concerned statutory
authorities, Judicial Magistrate or the Civil
Court, as the case may be. Passport Authorities
are always competent to direct
vehemently contended that since the passport officer is performing a sovereign function; and passport is not a commodity, which can be purchased or sold ... held that "..As issuance of passport is a sovereign function, passport officer does not fall within the purview of service provider and Learned District
pledge those assets to the
satisfaction of the court. A recognizance is functionally equivalent to cash
bail and has the same coercive effect. Cash bail ... extent that they are necessary
to address concerns related to the statutory criteria for detention and to
ensure that the accused is released. They must
Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022
Author: A.M. Khanwilkar
view was founded
on “administrative subordination”, the second on “functional
subordination” and the third on “statutory subordination”. The Full
Bench accepted the third view, namely ... logic of “administrative
subordination” or “statutory subordination” cannot be extended.
Inasmuch as, for being a case of “statutory subordination”, the
provisions
