IMPORTANT CASE LAWS

Checklist Passport Applications ::

(1) While applying for a fresh passport attach two copies of the following documents:

(a) Proof of address (attach one of the following):

Applicant’s ration card, certificate from Employer of reputed companies on letter head, water /telephone /electricity bill/statement of running bank account/Income Tax Assessment Order /Election Commission ID card, Gas connection Bill, Spouse’s passport copy, parent’s passport copy in case of minors. (NOTE: If any applicant submits only ration card as proof of address, it should be accompanied by one more proof of address out of the above categories).

(b) Proof of Date of Birth (attach one of the following):

Birth certificate issued by a Municipal Authority or district office of the Registrar of Births & Deaths;

Date of birth certificate from the school last attended by the applicant or any other recognized educational institution; or an Affidavit sworn before a Magistrate/Notary stating date/place of birth as per the specimen in ANNEXURE ‘A’ by illiterate or semi-illiterate applicants.

N.B.: In the case of applicants born on or after 26.01.89, only Birth Certificate issued by the Municipal Authority or the Office of the Registrar of Births & Deaths is acceptable.

(c) Citizenship Document if applicant is a citizen of India by Registration or Naturalization.

(d) Government/Public Sector/Statutory body employees should submit “Identity Certificate” in original (ANNEXURE B) along with Standard Affidavit Annexure I.

(e) If the applicant is eligible for “ECNR” attach attested copy of supporting document (see COLUMN 15 of the INSTRUCTIONS AND GUIDELINES FOR FILLING UP THE APPLICATION FORM).

(f) If the applicant was repatriated at Government cost, enclose documents to show that the expenditure, if any, incurred by the Government of India on his/her repatriation has been fully refunded to the Government of India, Ministry of External Affairs.

(g) If the applicant was ever deported to India, give details of Emergency Certificate/Passport.

(2) When applying for reissue of a passport after 10 years, attach:

(a) Old passport in original with self-attested photocopy of its first four and last four pages, including ECR/ECNR page.

(b) Document mentioned at (1) (d), if applicable.

(c) Document mentioned at (1) (e), if the old passport did not have ECNR stamp or it was issued when the applicant was a minor.

(d) If there is any change in address, document mentioned at 1 (a).

(e) If the old passport does not contain spouse name, copy of marriage certificate issued by the Registrar of Marriage or affidavitas per specimen in Annexure `D’.

(3) When applying for a minor’s passport attach:

(a) A Declaration affirming the particulars furnished in the application about the minor child as per ‘Annexure-H (signed by both parents), Annexure “C” (Single parents who are separated but not formally divorced/Single parent of the child born out of wedlock), Annexure “G” (when passport is being applied for by single parent or legal guardian) . Annexure “I” (when a minor between 15-18 years of age applies for a full validity 10 year passport OR in case either parents who do not hold valid Indian passport while applying passport for their minor child), as the case may be.

(b) Attested photocopy of passport, if any, of both parents, applicable.

(c) Original passports of parents should be presented for verification of particulars.

(d) If one parent is resident abroad, a Sworn affidavit by the parent resident abroad attested by the Indian Mission along with affidavit from parent residing in India as well be submitted.

N.B.: Ordinarily the consent of both parents is required for issue of a passport to a minor (below 18 years of age). However if it is absolutely not possible due to any reason, the parent applying for a passport for his/her minor child may submit an affidavit (Annexure G) and based on the same passport application will be processed. In case where the parent(s) is/are resident outside India, such consent from the parent(s), in the form of a sworn affidavit, duly attested by the Indian Mission abroad, is acceptable. In the cases where the minor children who are less than 18 years of age, the details of valid passports held by BOTH OR EITHER parents should be furnished. In such cases, passport to their minor child will be issued without any police verification basis. Further, in the cases where the parents do not hold valid passports, applications for such minors can be made on the basis of three documents of parents details of which are given in para C(B) of Section IV of the Passport Information Booklet along with Standard Affidavit Annexure I. In all such cases, passport to their minor child will be issued on post-police verification basis. Children of all ages including new born must apply for separate passports. However, those below 15 years will be given 5 years validity passport or passport till 18 years of age. In case the minor child who is between 15 and 18 years of age wishes to obtain a full validity passport for 10 years, the same can be issued only on post-police verification basis on submission of Standard Affidavit as in Annexure “I”and three of the 14 document of parents details as mentioned in para C (B) of Section IV of Passport Information Booklet and on payment of fee equivalent to the normal passport fee i.e. Rs. 1000/- for a 36 pages passport, as applicable for an adult. In the case of single parents or of parents who are separated but not formally divorced, an affidavit at ‘Annexure C is to be submitted.

For Adopted Children:

In case of Adopted Children the following documents are to be furnished:

i) Valid adoption deed registered as per Indian laws
ii) In the case of Christians, Muslims and Parsis, a court order granting guardianship and allowing the child to be taken out of the Country.
iii) Copy of the guarantee executed before the Court concerned.

(B) CHANGE OF NAME

I. Following marriage, remarriage or divorce:
(a) A woman applying for change of name/surname in existing passport due to marriage must furnish:
(i) Photocopy of the Husband’s passport, if any, and
(ii) An attested copy of marriage certificate issued by Registrar of Marriage OR an affidavit from the husband and wife along with a joint photograph, (Specimen at Annexure D).
(b) Divorcees applying for change of name OR for deletion of spouse’s name in existing passport must furnish

(i) Certified copy of Divorce decree.
(ii) Deed poll/sworn affidavit (ANNEXURE ‘E’)
(c) e-married applicants applying for change of name/spouse’s name must furnish:
(i) ivorce deed/death certificate as the case may be in respect of first spouse, and
(ii) Document as at (a) above relating to second marriage.

II. In other circumstances for change of name, the applicant (both male and female) should furnish:

(i) Deed poll/sworn affidavit (ANNEXURE ‘E’):
(ii) Paper cuttings of two leading daily newspapers in original (one daily newspaper should be of the area of applicant’s permanent and present address or nearby area).

(C) OUT OF TURN ISSUE OF PASSPORT UNDER TATKAAL SCHEME

(A) If an applicant desires to obtain his passport under the Tatkal Scheme, a Verification Certificate as per the specimen at ANNEXURE ‘F’ and Standard Affidavit as Annexure “I” should be submitted along with the TATKAAL fee. The Passport Issuing Authority shall retain the right to verify in writing the authenticity of the Verification Certificate from the official who has issued it. All applicants seeking a passport out of turn under the TATKAAL Scheme are advised to submit their application, documentation and fee as specified below. No proof of urgency is required for Out-of-Turn issue of passport. Post Police Verification shall be done in respect of all passports issued under the Tatkaal Scheme.

(B) The applicant also has the option to obtain a passport under Tatkal Scheme on submission of three documents from the Fourteen documents as mentioned below, provided one of the three documents is a photo identity document and atleast one of the three is amongst the documents indicated at (a) to (i) and a Standard Affidavit (Annexure “I”) on non-judicial stamp paper duly attested by a Notary:

(a) Electors Photo Identity Card (EPIC);

(b) Service Photo Identity Card issued by State/Central Government, Public Sector Undertakings, local bodies or Public Limited Companies;

(c) SC/ST/ OBC Certificates;
(d) Freedom Fighter Identity Cards;
(e) Arms Licenses;
(f) Property Documents such as Pattas, Registered Deeds etc.;
(g) Rations Cards;
(h) Pension Documents such as ex-servicemen’s Pension Book/Pension Payment order, ex-servicemen’s Widow/Dependent Certificates, Old Age Pension Order, Widow Pension Order;

(i) Railway Identity Cards;
(j) Income Tax Identity (PAN) Cards;
(k) Bank/ Kisan/Post Office Passbooks;
(l) Student Photo Identity Cards issued by Recognized Educational Institutions;
(m) Driving Licenses; and
(n) Birth Certificates issued under the RBD Act
(o) Gas Connection Bill

(All above documents to be produced in original along with self-attested copies)

The TATKAAL fee is in addition to the applicable passport fee and payable either in cash or DD in favor of Passport Officer concerned. The additional fee for out of turn TATKAAL passport, would be as follows:

Fresh Passport
1. Within 1-7 days of the date of Application Rupees 1,500/- plus the passport fee of Rs.1000/-
2. Within 8-14 days of the date of Application Rupees 1,000/- plus the passport fee of Rs.1000/-
Duplicate Passport (in lieu of Lost/Damaged Passport)
1. Within 1-7 days of the date of Application Rupees 2,500/- plus the duplicate passport fee of Rs.2500/-
2. Within 8-14 days of the date of Application Rupees 1,500/- plus the duplicate passport fee of Rs.2500/-
Re-issue cases after expiry of 10 years validity
1. Within 3 working days of the date of application Rupees 1,500/- plus the passport fee of Rs.1000/-

(D) For issue of passports to owner, partners and directors of Companies which are members of CII, FICCI & ASSOCHAM,the applicants have to submit Verification Certificate as at Annexure “J” along with Standard Affidavit at Annexure “I”.

(E) In case an applicant is in possession of a Verification Certificate (VC) and or three (3) documents as mentioned in para C(B) (a) of Section IV, and Standard affidavit as in Annexure-I, but does not wish to pay the additional fees as required under Tatkaal, he/she will be issued passport on post- police verification basis in the normal course.

(F) CASES OF LOST/DAMAGED PASSPORTS: The applicant has to fill the passport application form and submit the same along with following deeds:

i) FIR in original ii) First and last four pages of old passport. iii) If there is any change in address, proof of address.

Source :: GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS CPV DIVISION, DELHI

Gangula Mohan Reddy vs State of Andhra Pradesh (2010) (1) SCALE 1

Held: Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

The intention of the legislature and the ratio of the cases decided by this court clear that in order to convict a person under section 306 IPC there has to be clear mens rea to commit the offence. It also requires an active or direct act which led the deceased to commit suicide seeing no option and this must have been intended to push the deceased into such a position that he committed suicide.

In the light of the provision of law and well-settled legal provisions crystallized by a series of judgements of this Court, the conviction of the appellant cannot be sustained. Consequently, the appeal filed by the appellant allowed and disposed of.

IMPORTANT CASE LAWS

Friday, February 8, 2013

Checklist for Passport Applicants, Passport Application Requirements, Check Passport Application, Indian Passport

Saturday, April 14, 2012

Whether a tenant can invoke Section 8(5) of TN Rent Control Act on mere refusal to receive the rent by the tenant?

Whether a claim for damages can be decreed when the suit is premature?

Whether an accused be convicted under section 306 merely of his implied act which led to the commission of suicide?

Whether appearance of POA instead of the appearance of party to the suit can be admitted?

Whether the claimant is entitled to no fault compensation under section 140 of Motor Vehicles Act though the claim was not made at the initial stage?

Whether decree of divorce can be granted under section 13 of Hindu Marriage Act on the basis of consent of parties?