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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 … was further stated that the case of the detenu was referred to the Advisory Board as required Under Section 10 of the Jammu and Kashmir Preventive Detention Act, and the opinion of the Board was awaited.5. The learned

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 … entitled to be included in the electoral list for a period of 10 years from the date of detection. This amendment of the Citizenship Act … the Illegal Migrants (Determination by Tribunals) Rules, 1984 as ultra vires the Constitution of India and also under Section 28 of the aforesaid Act and, therefore, null and void. Some more reliefs have been claimed which will

State Vs. Abdul Suttar Haji Ibrahim Patel

Court : Gujarat

Subject : CriminalConstitution

Acts : Foreigners Act, 1946 - Sections 2, 9 and 14; Foreigners Order, 1948; Constitution of India - Articles 5, 7, 9 and 10; Citizenship Act, 1955 - Sections 3, 5, 8, 9(2) and 10; Evidence Act, 1872 - Sections 74

Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073

of Clause 7 of the Foreigners Order 1948 and thereby committed an offence under Section 14 of the Foreigners Act, 1946?(3) What order?'On the first point, he held in the negative. He therefore, held that it was not necessary … under Section 8 of the Citizenship Act and whether a person has been deprived of his citizenship under Section 10 of the Citizenship Act, 1955, are matters to which Section 9(2) of the Citizenship Act does not apply

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 … but are being held in abeyance pending the decision of this petition. 10. The petitioner contended that his detention was invalid for the following, among … September, 1954 and was placed under preventive detention. The order was made by the West Bengal Government under section 3(1) of the Preventive Detention Act of 1950 (Act IV of 1950) on the ground that his detention

Nasir Ahmed Vs. the Chief Commissioner, Delhi and anr.

Court : Punjab and Haryana

Subject : Constitution

Acts : Constitution of India - Articles 5, 7, 10, 19 and 226; Foreigners Act, 1946 - Sections 2, 3(2), 8 and 14; Citizenship Act, 1955 - Sections 9, 9(2), 10 and 13; Citizenship Rules - Rule 30

Reported in : AIR1959P& H261

J.1. On 19-5-1957 a notice on behalf of the Delhi State was issued under Section 3(2)(c) of the Foreigners' Act, 1946 read with Foreigners Laws (Amendment) Ordinance, 1957 whereby the Chief Commissioner directed Nasir Ahmad, his wife Mrs. Aziz … of another country (Section 9). The Central Government may in certain circumstances deprive a citizen of his citizenship (Section 10).In case of doubt the Central Government may certify that a person with respect to whose citizenship a doubt

Syed Safiullah Qadri Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections, 2, 3, 3(2), 8 and 8(1 and 2); Citizenship Act, 1955 - Sections 9 and 9(1 and 2); Passports Act, 1967 - Sections 10(3); Citizenship Rules - Rules 30; Passport Rules

Reported in : AIR1997AP155; 1996(3)ALT960

citizen of India and answering the description of a 'foreigner' under clause (a) of S. 2 of the Foreigners Act, 1946, the Government was competent to pass an order under S. 3(2)(c) thereof, deporting him from the country. In … discuss the question whether the Central Government,under S. 8, should have decided about the nationality of the detenu. Section 9(1) of the Citizenship Act, 1955 lays down that if a citizen of India has voluntarily acquired the … the Regional Passport Officer, Hyderabad, impounded the passport on 7-10-1994 under S. 10(3)(a)(b) of the Passports Act, 1967. The Government passed an order on 17-6-1996

In Re: Abdul Khader

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Constitution of India - Articles 5, 6 and 7; Citizenship Act, 1955 - Sections 9 and 10; Citizenship Rules - Rule 30; Foreigners Act, 1946 - Sections 2

Reported in : AIR1959AP241; 1959CriLJ561

Rule 30 and Clause 4 of Schedule 3 of Citizenship Act, 1955 and Section 2 (a) (iii) of Foreigners Act, 1946 - appellant went to Pakistan - returned to India on 20.01.1955 on Indian visa - overstayed in India … in such manner, and having regard to such rules of evidence as may be prescribed in this behalf.' 'Section 10:-- (1) A citizen of India who is such by naturalisation or by virtue only of Clause (c) of

imam @ Ilai Bux Vs. the State of Raj.

Court : Rajasthan

Subject : Constitution

Reported in : 1991(2)WLN143

Central Government has properly arisen, the question of burden of proof, dealt with in Section 9 of the Foreigners' Act, 1946, is immaterial.9. It is clear from the perusal of Section 9 that the only competent authority is Central … 8-10-80, reduced the sentence from two years to 21 months R.I. and also reduced the fine from Rs. 1000/- to Rs. 500/- and in default of payment of fine to undergo further two months S.I.2. Brief facts

Tanseem Fatima Vs. Joint Commissioner of Police, Crimes and Sit, Hyder ...

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Constitution of India - Article 226; Indian Penal Code (IPC), 1860 - Sections 121, 121-A, 122, 153-A, 420 and 471; Indian Arms Act, 1959 - Sections 25(1); Explosive Substance Act, 1908 - Sections 3; Passport Act, 1947 - Sections 3, 10(3) and 12; Foreigners Act, 1946 - Sections 3(2) and 14

Reported in : 1998(5)ALD536

12 of the Passport Act, 1947 read with Section 120(B) IPC and Section 3(2)(a) and 14 of the Foreigners Act, 1946 of C.C.S., Hyderabad. According to him on 2-7-1998 at 16.00 hours information was received from Delhi Police that … IPC and Section 25(1) of Indian Arms Act and Section 3 of the Explosive Substances Act, Sections 3, 10(3)(b) and 12 of the Passport Act, 1947 read with Section 120(B) IPC and Section 3(2)(a) and 14 of

Malati Rani Barman Vs. State of W.B.

Court : Kolkata

Subject : Criminal

Acts : Foreigners Act, 1946 - Sections 13 and 14; ;West Bengal Correctional Services Act, 1992 - Section 51; ;Advocates Act, 1961 - Section 2; ;Calcutta Municipal Corporation Act, 1980; ;Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 10 and 12(3); ;Juvenile Justice (Care and Protection of Children) Rules, 2007 - Rule 58

Reported in : 2008(4)CHN375

of 2007 arising out of Islampur Police Station Case No. 208 of 2007 under Section 13/14 of the Foreigners Act, 1946 moved an application before the learned Additional Chief Judicial Magistrate, Islampur and prayed for keeping her aforesaid two … and thereby to ensure prevention of his exposure to any moral, physical or psychological danger. The provisions of Section 10 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has provided in no case a juvenile