Advanced Search Results

The State Vs. Mahmadkhan Navrangkhan

Court : Mumbai

Subject : Criminal

Acts : Foreigners Act, 1946 - Sections 2, 3, 9, 12, 13 and 14; Foreigners (Amendment) Act, 1957; Foreigners Order, 1948 - Rule 7; Constitution of India - Article 7; Citizenship Rules, 1956; Citizenship Act, 1955 - Sections 18; Indian Passport Act, 1920; British Nationality and Status of Alliens Act - Sections 1(1) and 1(2)

Reported in : AIR1959Bom359; (1959)61BOMLR164; 1959CriLJ1053; ILR1959Bom875

Central Government may make in the exercise of their power conferred upon them by Section 3 of the Foreigners Act, 1946. Section 3(1) of the Act says that 'the Central Government may by order make provision either generally or with … that the foreigner - ..... (c) shall not remain in India or in any prescribed area therein.' Under Section 12 of the Act, it seems the Central Government has been authorised to delegate its powers under Section 3

State Vs. Ibrahim Nabiji

Court : Mumbai

Subject : Criminal

Acts : Foreigners Act, 1946 - Sections 2, 3, 3(2), 12 and 14; Foreigners Laws (Amendment) Act, 1957; Foreigners Order, 1948 - Rule 7; Citizenship Act, 1955 - Sections 9(2); Citizenship Rules, 1956 - Rule 30; British Nationally and Status of Aliens Act, 1914 - Sections 1(1) and 1(2); Adaptation of Laws Order, 1950; Indian Passport Act, 1920; Foreigners Rules, 1939

Reported in : AIR1959Bom525; (1959)61BOMLR803; 1959CriLJ1416; ILR1959Bom1323

dated 20th August 1957 that the respondent who was a foreigner as defined under Section 2(a) of the Foreigners' Act, 1946, as amended by the Foreigners Laws (Amendment) Act, 1957, having entered India on 31-1-1956 through the Barmer Check … an individual or against a class generally is conferred upon the Central Government. It is true that under Section 12 of the Foreigners Act the power to make orders under Section 3 may be delegated to a subordinate

Firoz MeharuddIn Vs. Sub-divisional Officer and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 5, 6, 7, 9 and 258; Citizenship Act, 1955 - Sections 3, 4 and 9(2); Foreigners Act, 1946 - Sections 2, 3(2) and 12; Foreigners (Amendment) Act, 1957; Citizenship Rules - Rule 30

Reported in : AIR1961MP110; 1961CriLJ516

filed by the State Government against the acquittal of the respondents for offences under Section 14 of the Foreigners Act, 1946, for contravening an order passed under Section 3(2)(c) of the Act by the District Superintendent of Police directing … Act has been given; and unless there is a valid delegation in favour of a particular authority under Section 12 of that Act, no order could validly be passed.6. Before considering the specific grounds on which the orders

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 … H.C.P. Nos.1038, 1111, 1118, 1119, 1120, 1121, 1122, 1123, 1085, 1170 and 1226 of 2003 as common question of law and also the facts are

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 … who are foreigners. Section 7 casts a similar obligation on hotel keepers in respect of foreigners accommodated therein. Section 12 confers power upon any authority who has been conferred power to make or give any direction under the

Dawood Ali Arif and anr. Vs. Deputy Commissioner of Police and ors.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 5, 7 and 258(1); ;Foreigners' Act, 1946 - Sections 3 and 12

Reported in : AIR1958Cal565,62CWN729

this notice, failing which he will render himself liable for action including prosecution under the provisions of the Foreigners' Act 1946 and Foreigners Order, 1948.' 2. This order was signed by Shri B. Bagchi as Deputy Commissioner of Police, … section may provide that the foreigner (c) shall not remain in India or in any prescribed area therein;' Section 12 of the said Act, gives power to anyauthority upon which any power to make or give any direction

State of Assam Vs. Jilkadar Ali

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 7; Citizenship Act, 1955; Foreigners Act, 1946 - Sections 2 and 14; Registration of Foreigners (Exemption) Order, 1957

Reported in : AIR1972SC2166; 1972CriLJ1441; (1972)2SCC320; [1973]1SCR685

Foreigners Order, 1948, as amended in 1959. He was consequently arrested and prosecuted under Section 14 of the Foreigners Act, 1946 read with Clause 7 of the Foreigners Order, 1948.3. The Additional District Magistrate, Silchar convicted him under Clause … the definition of a foreigner in Section 2 of the Foreigners Act before it was amended in 1957. 12. The decision in State v. 13. In our view the respondent was a foreigner when he entered India

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. … issue a direction that a foreigner shall not remain in India or in any prescribed area therein. Under Section 12 of the Act the powers which were conferred on the Central Government by the Act could be delegated

Babul Khan Vs. State Of Karnataka

Court : Karnataka

Subject : Land Acquisition

also framed The Foreigners Order, 1948, is a subordinate legislation, framed exercising powers under section 3 of the Foreigners Act, 1946. Section 7 of the said Foreigners (Tribunals) Order, 1948 deals with Restrictions of Sojourn in India, which specifically mandates … Authority’, ‘Prescribed’ and ‘travel documents’. Section 3, explains the ‘Passport or travel document for departure from India’. 21 Section 12 of the Act deals with the offences and penalties prescribed. Section 13 of the Act deals with the

State Through Superintendent of Police, Cbi/Sit Vs. Nalini and ors.

Court : Supreme Court of India

Subject : Media and CommunicationCriminal

Acts : Terrorist and Disruptive Activities(Prevention) Act, 1987 - Sections 3, 3(1), 3(2), 3(3), 3(4), 4, 4(1), 4(3), 5, 12, 15, 15(1), 21 and 30; Indian Penal Code (IPC), 1860 - Sections 34, 109, 120A, 120B, 162, 164, 201, 212, 216, 281, 302, 313, 324, 326, 428 and 463; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 221(1), 221(2), 235(2), 300, 354(3) and 465; Evidence Act, 1872 - Sections 4, 6, 10, 15(1) and 24 to 30; Foreigners Act, 1946 - Sections 14; Explosive Substances Act, 1908 - Sections 3, 4 and 5; Arms Act, 1959 - Sections 25 and 25(1B); Passport Act, 1967 - Sections 12; Wireless Telegraphy Act, 1933 - Sections 6(1A); Terrorist and Disruptive Activities(Prevention) Rules, 1987 - Rule 15 and 15(3); Unlawful Activities(Prevention) Act, 1967; Constitution of India - Article 20(2)

Reported in : 1999(2)ALT(Cri)1; 1999CriLJ3124; JT1999(4)SC106; 1999(3)SCALE241; (1999)5SCC253; [1999]3SCR1; AIR 1999 SC 2640

of the offences under Section 212 and 216 of the Indian Penal Code , Section 14 of the Foreigners Act, 1946, Section 25(1-5) of the Arms Act, Section 5 of the Explosive Substance Act, Section 12 of the passports Act,