Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Continuation of a Look Out Circular after completion of investigation, with no pending prosecution or court proceeding, was held to be unjustified where the record contained no concrete material showing that the person's departure would harm India's sovereignty, security, integrity, strategic or economic interests, or that larger public interest required restraint. The Court applied Article 21 and proportionality, noting that travel abroad is part of personal liberty and that less restrictive safeguards were available. The LOC was quashed as arbitrary and disproportionate, subject to filing a notarized undertaking to appear if prosecuted, cooperate, furnish contact details and not surrender the Indian passport for the stipulated period.
Continuation of a Look Out Circular after completion of investigation, with no pending prosecution or court proceeding, was held to be unjustified where the record contained no concrete material showing that the person's departure would harm India's sovereignty, security, integrity, strategic or economic interests, or that larger public interest required restraint. The Court applied Article 21 and proportionality, noting that travel abroad is part of personal liberty and that less restrictive safeguards were available. The LOC was quashed as arbitrary and disproportionate, subject to filing a notarized undertaking to appear if prosecuted, cooperate, furnish contact details and not surrender the Indian passport for the stipulated period.
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