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The State of Madhya Pradesh Vs. Mumtaz Ali Faiz Ali and ors.

Court : Madhya Pradesh

Subject : CriminalConstitution

Acts : Foreigners Act, 1946 - Sections 2, 3(2), 3(3) and 14; Foreigners Order, 1948 - Sections 2, 7 and 11(2)

Reported in : AIR1959MP387; 1959CriLJ1337

not. For that purpose, we will have to look into the definition of 'Foreigner' as given in the Foreigners Act, 1946. Section 2(a) of that Act defines a foreigner as 'a person who is not 0 citizen of India'.Now, a … Newaskar, J. 1. These appeals Nos. 111 to 123 of 1958 are preferred by the State Government under Section 417 of the Cr. P. C.

Martinez Montsant Joan Vs. Union of India (Uoi), Ministry of External ...

Court : Andhra Pradesh

Subject : CivilConstitution

Acts : Registration of Foreigners Act, 1939 - Sections 5 and 8; Foreigners Act, 1946 - Sections 3, 3(2), 14 and 16; Indian Passport Act, 1920; Registration of Foreigners Act, 1930 - Sections 5; Registration of Foreigners Rules, 1992 - Rules 2, 6, 6(3), 11, 11(2), 12 and 12(4); Foreigners Order, 1948; Foreigners Order, 1949; Constitution of India - Articles 5 to 10, 21, 25, 51 and 226

Reported in : 2009(5)ALT120

1948 and also under Section 5 of the Registration of Foreigners Act, 1939 and Section 14 of the Foreigners Act, 1946 and thereafter he was arrested on 4-6-2009 and was sent to judicial custody.2. Hence, this Writ Petition has … on 1-6-2009 from Bangalore to Bangkok, on the above circumstances, the petitioner was charged with violation of Rules 11 and 12 of the Registration of Foreigners Rules, 1992, and para 7 of the Foreigners Order, 1948 and

T.A. Mahomed Usman Vs. State of Madras Represented by Secy. to Govt. o ...

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Articles 5, 11, 14, 19(1), 19(5) and 226; Citizenship Rules, 1956; Citizenship Act, 1955 - Sections 9, 9(1), 9(2), 10 and 18; Foreigners Act, 1946 - Sections 2 and 3

Reported in : AIR1961Mad129; (1960)IIMLJ290

prosecuted for non-compliance with that direction, because the Petitioner was not a 'foreigner' within the meaning of the Foreigners Act 1946. The steps in the reasoning on which the contention was urged were briefly these: The Petitioner entered India … under Section 9(2)-- Rule 30, paragraph 3, not obnoxious to Article 14 of Constitution-- Foreigners Act (XXXI of 1946), Section 2 (a) amended by Act XI of 1957--Foreigner--Meaning of--Date or order of deportation, material ; Article 5 of … are citizens of a country specified in the first schedule. This has to be read in conjunction with Section 11, under, which 'every person who is a citizen of a Commonwealth country specified in the First Schedule shall

Sayed Ahmed Kabuli Vs. the State of Maharasthra

Court : Mumbai

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 9(2); Citizenship Rules - Rule 30; Constitution of India - Articles 5 to 11; Limitation Act, 1908 - Sections 28 - Schedule - Article 120

Reported in : AIR1975Bom176; (1974)76BOMLR258

1971CriLJ1103 was an appeal by the State against the acquittal by the High Court of respondent-accused who the Foreigners Act, 1946, on the ground of his having entered India on 1.4.1955 on Pakistan passport and having over-stayed in India … such notice was served on 18.7.1962. The plaintiff instituted this suit after serving notice on the defendant under Section 80 of the Code of Civil Procedure dated 2nd October 1962.2. The State of Maharashtra denied that the … his stay in India. After the expiry of the passport period on 11.4.1961, the Afghanistan Consulate declined to renew his passport. Defendants, police officers, on

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

the borders of India as the registration officer having jurisdiction at that port or place may 73 The Foreigners Act 1946, Section 2(a) 74 Section 3(2): In particular and without prejudice to the generality of the foregoing power, orders made … does not conflict with Articles 6 and 7 of the Constitution ............................................................................... 24 c. The scope of Article 11 of the Constitution ............................................. 26 ii. Section 6A is not violative of Article 14 of the Constitution ................

State of U.P. Vs. Jafar Ali

Court : Allahabad

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections 2, 3(2) and 14; Foreigners (Amendment) Act, 1957 - Sections 2; Code of Criminal Procedure (CrPC) - Sections 364

Reported in : AIR1963All18; 1963CriLJ28a

March 11, 1960 made by the state Government under Clause (c) Sub-section (2) of Section 3 of the Foreigners Act, 1946 (No. XXXI of 1946) as amended by the Foreigners Laws (Amendment) Act, 1957 (no. 11 of 1957) (hereinafter

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 … was held under s. 9(2) after serving a notice about the said enquiry on the petitioner. On September 11, 1961, the Central Government recorded its conclusion that the petitioner had voluntarily acquired the citizenship of Pakistan after

Premavathy @ Rajathi Vs. State of Tamil Nadu Rep. by Secretary to Gove ...

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Articles 14, 21, 22, 22(4), 22(5), 141 and 226; ;Foreigners Act 1946 - Sections 3(2); Indian Penal Code (IPC) - Sections 12(1), 465, 475, 489A, 489B, 489C, 489D; ;National Security Act, 1980

Reported in : 2004CriLJ1475; 2004(2)CTC10

is a special enactment on the subject which covers the field and the same shall prevail over the Foreigners Act, 1946.' 16.1. Shortly, stated the contention boils down to the proposition that because of Sec. 3 of the National … the residence amounted to detention. The Division Bench observed that there was nothing in the language of the section to indicate that the word 'place' was either as big or as small as a town, village, market … ORDERV.S. Sirpurkar, J. 1. This judgment will dispose of H.C.P. Nos.1038, 1111, 1118, 1119, 1120, 1121, 1122, 1123, 1085, 1170 and 1226 of 2003

Reza Abdullatif Saboonchi and Another Vs. the State of Maharashtra and ...

Court : Mumbai

Subject : Land Acquisition

R. No. 24/2009, under Section 417, 419 of the Indian Penal Code, read with Section 14 of the Foreigners Act, 1946, read with Section 31 of the Representation of the People Act, 1950. They have been granted bail in … to as 'the Competent Authority') issued restriction order in exercise of powers conferred on him as per Para 11(2) of the Foreigners Order, 1948, dated 2nd November, 2011. 2) The Competent Authority has noted that the Petitioners

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 7A, 7B, 7A(1), 7D, 9 and 11; Foreigners Act, 1946 - Sections 2; Citizenship Rules, 1956 - Rules 20(1), 21 and 25E; Illegal Migrants (Determination by Tribunals) Act; Foreigners (Tribunal) Order, 1964; Punjab Gram Panchayat Act (1952) - Sections 3 and 4; Constitution of India - Articles 9, 14, 19, 21, 22(1), 22(2) and 226; Custom House Agent Licence Regulations, 2004 - Regulations 20(1), 20(2) and 22; Citizenship (Amendment) Act, 2003; Citizenship (Amendment) Act, 2004

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

Foreigners Act, 1946 defines a 'foreigner' to mean a person who is not a citizen of India. Under Section 11 of the said Act, any authority empowered by or under the provisions of the Act could issue any … behalf of the respondents-Union of India, it is stated that the petitioner is a foreigner governed by the Foreigners Act, 1946; and grant of OCI registration does not amount to granting Indian Citizenship. In terms of Article 9 of