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State Vs. Ashfaq Ahmad

Court : Allahabad

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections 2, 3(2), 9 and 14; British Nationality and Status of Aliens Act, 1914 - Sections 1(1); Foreigners Order, 1948

Reported in : AIR1961All115; 1961CriLJ210

by which he acquitted the respondent Ashfaq Ahmad in respect of an offence under Section 14 of the Foreigners Act 1946.2. The facts leading up to this appeal are not disputed. The respondent Ashfaq Ahmad was a Pakistani national. … who- (i) is not a natural born British subject as defined in sub Sections (1) and (2) of Section 1 of the British Nationality and Status of Aliens Act 1914, or (ii). has not been granted a certificate

Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta ...

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Preventive Detention Act, 1950 - Sections 3(1); Foreigners Act, 1946 - Sections 3(2), 4(1) and 6; Extradition Act; Constitution of India - Articles 14, 19, 21, 22 and 32; Code of Criminal Procedure (CrPC) , 1898 - Sections 491

Reported in : AIR1955SC367; 1955CriLJ876; [1955]1SCR1284

of September, 1954. The second ground runs - 'That you are a foreigner within the meaning of the Foreigners Act, 1946 (Act XXXI of 1946) and that it has become necessary to make arrangements for your expulsion from India … person who - (i) is not a natural-born British subject as defined in sub-sections (1) and (2) of section (1) of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 1, 13, 14, 19(1), 21, 29(1), 32, 51A, 213 and 355; Illegal Migrants (Determination by Tribunals) Act, 1983 - Sections 3(1), 3(2), 3(3), 3(8), 3(9), 4, 5, 7, 8, 8(1), 8(2), 8A, 8A(1), 8A(2), 11(1), 12, 15, 20, 21, 21A, 25 and 28; Illegal Migrants (Determination by Tribunals) Rules, 1984 - Rule 2, 3 to 8, 9, 10, 10A, 10B, 13 and 14 to 19; Citizenship Act, 1955 - Sections 6A, 6A(1), 6A(3), 6A(6), 6A(7), 9 and 18; Citizenship (Amendment) Act, 1985; Passports Act, 1967; Evidence Act, 1872 - Sections 101 and 106; Code of Civil Procedure (CPC) ; Immigration Act, 1971; Customs Act - Sections 167(8); Illegal Migrants (Determination by Tribunals) Ordinance, 1983; Passport (Entry into India) Act, 1920; Immigrants (Expulsion from Assam) Act, 1950 - Sections 2; I

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

of 1983) 1983 as ultra vires the Constitution of India, null and void and consequent declaration that the Foreigners Act, 1946 and the Rules made thereunder shall apply to the State of Assam. The second prayer made is to … of this Act defines a 'foreigner' and it means a person who is not a citizen of India. Sub-Section (1) of Section 3 lays down that the Central Government may by order make provision, either generally or with

Sarabari Begum (Mustt.) @ Syera Begum and ors. Vs. State of Assam and ...

Court : Guwahati

Subject : Civil

(Tribunal) Order, 1964. The direction was issued for deciding the pending cases in the manner provided in the Foreigners Act, 1946. The direction was also issued to constitute sufficient number of Tribunals under the Foreigners (Tribunals) Order, 1964 to … a lack of will in the matter of ensuring that illegal immigrants are sent out of the country.6. Section 9 of the Foreigners Act, 1946 reads as under-9. Burden of profit in any case not falling under … struck down the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 as ultra vires the Constitution of India. As a result, the Tribunals

Rahmat Ullah Vs. State

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Article 77(1); Citizenship Act, 1955 - Sections 9(1) and 9(2); Citizenship Rules, 1956 - Rule 30; Foreigners Act, 1946 - Sections 2 and 14; Foreigners Order, 1948

Reported in : AIR1969All165; 1969CriLJ450

not surrender to his bail bonds which shall stand cancelled. (i) Criminal - proceedings - Section 14 of Foreigners Act, 1946, Section 9 (2) of Citizenships Act, 1955 and Rule 30 of Citizenship Rules, 1956 - person prosecuted by State … ORDERS.D. Singh, J.1. This application arises out of a case against the applicant under Section 14 of the Foreigners Act (XXXI of 1946).2. The prosecution allegation was that the applicant is a Pakistani national

izhar Ahmad Khan Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 5 to 11, 19, 19(1), 32 and 226; Citizenship Act, 1955 - Sections 9(2), 18 and 30(1); Citizenship Rules, 1956 - Rules 3, 4, 5 and 30; Foreigners Act, 1946 - Sections 3(2); Government of India Act, 1935; Evidence Act, 1872 - Sections 4; Common Law; Central Provinces and Berar Act, 1938

Reported in : AIR1962SC1052; [1962]Supp3SCR235

dated the 16th June, 1959, served on the petitioner. This order was passed under Section 3(2)(c) of the Foreigners Act, 1946 (No. XXXI of 1946). It was against this order that the petitioner came to this Court by his … three respective petitioners under Art. 32 of the Constitution for the enforcement of their fundamental right under Article 19(1)(e). They were heard separately but it would be convenient to deal with them by one common judgment because

Giani Bakshish Singh Vs. Government of India and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Maintenance of Internal Security Act, 1971 - Sections 3 and 3(1); Foreigners Act, 1946 - Sections 3(2); Preventive Detention Act, 1950 - Sections 3(1); Constitution of India - Article 51

Reported in : AIR1973SC2667; 1973CriLJ1801; (1973)2SCC688; [1974]1SCR662; 1973(5)LC814(SC)

Union into relation with any foreign country, would certainly cover Clause (b). We may also refer to the Foreigners Act, 1946 which confers much more stringent powers in relation to a foreigner than Clause (b). It has not been … of Punjab & Haryana dismissing the appellant's petition under Article 226 of the Constitution of India read with Section 491 Cr.P.C. for the issue of a writ in the nature of habeas corpus or any other appropriate … the Bhog ceremony of Sant Fateh Singh who died on 30th October, 1972. He was arrested on 16-11-1972 in pursuance of an order for his

Barkat Ali Vs. State of Jammu and Kashmir

Court : Supreme Court of India

Subject : Criminal

Acts : Foreigners Act, 1946 - Sections 3(1); Enemy Agents Ordinance; Jammu and Kashmir Preventive Detention Act, 1964 - Sections 3(1), 10 and 11(1); Indian Passport Act; Explosives Substance Act; Ranbir Penal Code (IPC) - Sections 224 and 232

Reported in : AIR1971SC217; 1971CriLJ267; (1970)3SCC213; 1971(III)LC63(SC)

a person 'if satisfied with respect to any person who is a foreigner within the meaning of the Foreigners Act, 1946, that with a view to regulating his continued presence in the State or with a view to making … order No. ISD : 530 of 1970 dated June 25, 1970, ordered that the petitioner be detained Under Section 3(1)(b) of the Jammu and Kashmir Preventive Detention Act, 1964. Section 3(1)(b) enables the Government to make orders

A.H. Magermans Vs. S.K. Ghose and ors.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 5, 14, 53, 77(2), 166(1), 166(2), 245, 258 and 258(1); ;Registration of Foreigners Rules, 1939 - Rules 3, 7(3) and 13(1); ;Foreigners Act, 1946 - Section 3(2); ;Foreigners Order, 1948; ;Evidence Act, 1872 - Section 114; ;Indian Passport Rules, 1950

Reported in : AIR1966Cal552,70CWN82

applied for extension, but this was not granted. Proceedings were started against him under Section 14 of the Foreigners Act, 1946, before the Additional Chief Presidency Magistrate, Calcutta. On September 22, 1956, the appellant was served with an order … B.C. Mitra, J.1. The appellant, a Belgian national, came to India on November 23, 1947, as a Roman Catholic Missionary and discharged his duties as such, at Ranchi and Calcutta. In February, 1952,

Gilles Pfeiffer Vs. Union of India and Others

Court : Chennai

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections 3; Constitution of India - Articles 14, 19(1), 20 to 22 and 226; Auroville Foundation Act, 1980 - Sections 18 and 19

Reported in : AIR1996Mad322

given to him to leave the country is according to law exercising powers under Section 3 of the Foreigners' Act, 1946 (for short the Act 1946). The Act, 1946 does not provide for disclosing the grounds for asking foreigners … prayer made in this writ petition is to issue a writ of certiorari to quash the order No. 1348/RRO/94-3441 dated 1-11-1995 issued by the third respondent.2. The petitioner states that he is a French citizen holding a