Legal Question in Criminal Law in India

Hi,

This is the situation

My father has a Income tax case against him.The judgment was in his favor in the district court.However the IT dept went to the high court and the case is still pending.Now my question is my sister lives in USA.My parents want to visit her during this summer.My parents want to apply for a passport.In the passport application form there is a requirement to obtain NOC from the court where the case is going on?So does the court issue a NOC?Will the passport office issue them a passport and can they travel abroad?Any help is greatly appreciated.

Suppose if the court does not issue a NOC and since the case is acquitted in the district court,can we attach a judgment copy issued by the district court and an order sheet from the high court where the case is filed, for obtaining the passport?Please advice.

Thanks,Mahi


Asked on 10/27/10, 6:59 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

If there is no condition in any of the order of the High Court for your father, you may apply without obtaining NOC from the court by annexing the certified copy of the judgment of the district court and the orders of the Hon'ble High court in appeal. As an alternative, you may move an application in the appeal itself for directions for issuance of passport. In the present case I do not see any reason for refusal of NOC.

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Answered on 10/27/10, 7:06 am


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