Other- Look Out Circular / Foreign Visit

The doctrine of res judicata cannot be stretched to perpetuate restrictions on fundamental rights | The right to travel abroad cannot be curtailed arbitrarily or indefinitely – Atul Punj Vs. Union of India and Ors. – Delhi High Court

The Hon’ble Delhi High Court held that:

(i) When subsequent developments alter the factual or legal matrix, courts retain the flexibility to revisit and adjudicate such matters to ensure justice. In such cases, courts must adopt a pragmatic approach, balancing the need for judicial finality with the imperative to protect constitutional rights in light of new and compelling circumstances.
(ii) The right to travel abroad, being an essential component of the right to personal liberty under Article 21 of the Constitution, cannot be curtailed arbitrarily or indefinitely. Restrictions such as an LOC must pass the test of proportionality and necessity, ensuring that they are imposed only when supported by credible material.

The doctrine of res judicata cannot be stretched to perpetuate restrictions on fundamental rights | The right to travel abroad cannot be curtailed arbitrarily or indefinitely – Atul Punj Vs. Union of India and Ors. – Delhi High Court Read Post »

Permission under Section 141 of the Insolvency and Bankruptcy Code, 2016 to travel abroad by the Personal Guarantor during the pendency of the Bankruptcy Resolution Process – Mr. Vemuri Ramkoteshwar Vs. Mr. D. Surya Ramakrishna Saibaba – NCLT Hyderabad Bench

Hon’ble NCLT Hyderabad Bench observed that a Marketing Personnel has no role in dealing with the management of the company and is only designated to deal with the marketing strategies of a product and in this case particularly the focus of Applicant is to focus on HNIs/ Corporates and identification of Reinsurance needs of the customers. Therefore, the contention of the Respondent that a bar in terms of Section 141(1)(a) of IBC attracts the case of the Applicant is unsustainable.

Permission under Section 141 of the Insolvency and Bankruptcy Code, 2016 to travel abroad by the Personal Guarantor during the pendency of the Bankruptcy Resolution Process – Mr. Vemuri Ramkoteshwar Vs. Mr. D. Surya Ramakrishna Saibaba – NCLT Hyderabad Bench Read Post »

The issuance of lookout circular cannot be resorted to in every case of Bank loan defaults | Fundamental Right of a Citizen of the Country to travel abroad cannot be curtailed only because of failure to pay a bank loan – Balram Garg Vs. Union of India and Anr. – Delhi High Court

Hon’ble Delhi High Court held that mere inability to pay money without there being a criminal case cannot be a reason to take away the Fundamental Right guaranteed under Article 21 of the Constitution of India. Right to travel abroad has been held to be a Fundamental Right under Article 21 of the Constitution of India which cannot be taken away in an arbitrary and illegal manner. The issuance of lookout circular cannot be resorted to in every case of bank loan defaults or credit facilities availed for business and the Fundamental Right of a citizen of the country to travel abroad cannot be curtailed only because of failure to pay a bank loan more so when the person against whom the lookout circular is opened has not been even arrayed as an accused in any offence for misappropriation or siphoning off the loan amounts.

The issuance of lookout circular cannot be resorted to in every case of Bank loan defaults | Fundamental Right of a Citizen of the Country to travel abroad cannot be curtailed only because of failure to pay a bank loan – Balram Garg Vs. Union of India and Anr. – Delhi High Court Read Post »

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