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May 19 2020

Babul Khan Vs. State Of Karnataka

Court : Karnataka

Decided on : May-19-2020

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 … 43. The brief facts of the case divulged from the Charge sheet papers are that: Accused Nos.1 to 15 named in the Charge sheet belonged to Bangladesh, illegally migrated to Indian Territory, without Passport and Visa and

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Nov 14 2003

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

Court : Chennai

Decided on : Nov-14-2003

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 … Constitution.' The Division Bench, therefore, went on to dismiss the writ petition. 15. We have deliberately dealt with the judgment in Kalavathy case, cited supra, … 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

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Jun 25 2009

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

Court : Andhra Pradesh

Decided on : Jun-25-2009

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

of the provisions of the Foreigners Act, 1946 and any other law for the time being in force. 15. So far as the contention of the learned Counsel for the petitioner, based upon the Declaration on the … 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

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Sep 07 2004

El Mustafa El Fathi Vs. State of Karnataka

Court : Karnataka

Decided on : Sep-07-2004

Subject : Criminal

Reported in : 2004CriLJ4796; ILR2004KAR4603; 2004(7)KarLJ495

therefore that portion of the order needs to be set aside. He reads out different provisions of the Foreigners Act, 1946 and the Foreigners Order, 1948 and submits that no where such a power has been given to the … to initiate proceedings for criminal contempt of subordinate courts? Held, As per Clause (b) of sub-Section (1) of Section 15 of the Act in the case of a criminal contempt, other than a contempt referred to in Section

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Aug 22 2003

Nazir Khan and ors. Vs. State of Delhi

Court : Supreme Court of India

Decided on : Aug-22-2003

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 121A, 122, 124A and 364A; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3, 3(1), 3(2), 3(4), 3(5), 4, 15 and 15(2); ; Foreigners Act, 1946 - Sections 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 164; Evidence Act, 1872 - Sections 10 and 24 to 30; Code of Criminal Procedure (CrPC) , 1898 - 162 and 164

Reported in : AIR2003SC4427; 2003(2)ALD(Cri)651; 2003CriLJ5021; 106(2003)DLT70(SC); JT2003(Suppl1)SC200; 2003(6)SCALE652; (2003)8SCC461

the Terrorist and disruptive Activities (Prevention) Act, 1987 (in short the 'TADA Act'), and Section 14 of the Foreigners Act, 1946 (in short 'Foreigners Act') is as under:4. There were originally 9 accused persons who were tried in the … accused persons under various provisions.9. During investigation, the statements of the accused persons were recorded in terms of Section 15 of the TADA Act. Though statements of foreign nationals had been recorded under Section 164 of the Code

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Jul 11 2012

A.Kamarunnisa Ghori. Vs. the Chairperson Prevention of Money Launderin ...

Court : Chennai

Decided on : Jul-11-2012

Subject : Criminal

Acts : Prevention of Money Laundering Act, 2002 - Section 5(1)(5), 8(3)(4), 8(6)(8), 71, 26(1), 42; Indian Penal Code(IPC) - Sections 420, 511, 420, 467, 468, 471, 406, 121, 121-A, 489-A, 489-B, 302, 304, 307, 308, 327, 329, 364A, 384 to 389, 392 to 402, 467, 489-A, 489-B, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 467, 471, 472, 473, 475, 476, 481, 482, 483, 484, 485, 486, 487, 488; Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 4, 5; Code of Criminal Procedure(CrPC) - Section 173; Narcotic Drugs and Psychotropic Substances(NDPS) Act. - Sections 15 to 24, 25-A, 27-A, 29; Explosive Substances Act, 1908 - Sections 3 to 5; Arms Act, 1959. ; Wild Life (Protection) Act, 1972 ; Immoral Traffic (Prevention) Act, 1956 ; Prevention of Corruption Act, 1988 ; Explosives Act, 1884; Antiquities and Arts Treasures Act, 1972 ; Securities and Exchange Board of India Act, 1992 ; Customs Act, 1962 ; Bonded Labour System (Abolition) Act, 1976 ; Child Labour (Prohibition and Regulation) Act, 1986 ; Transplantation of Human Organs Act, 1994 ; Emigration Act, 1983 ; Passports Act, 1967 ; Foreigners Act, 1946 ; Copyright Act, 1957 ; Trade Marks Act, 1999 ; Information Technology Act, 2000 ; Biological Diversity Act, 2002 ; Protection of Plant Varieties and Farmers' Rights Act, 2001 ; Environment Protection Act, 1986 ; Water (Prevention and Control of Pollution) Act, 1974 ; Air (Prevention and Control of Pollution) Act, 1981 ; Constitution of India - Articles 226, 300-A

and Protection of Children) Act, 2000Paragraph-14Offences under the Emigration Act, 1983Paragraph-15Offences under the Passports Act, 1967Paragraph-16Offences under the Foreigners Act, 1946Paragraph-17Offences under the Copyright Act, 1957Paragraph-18Offences under the Trade Marks Act, 1999Paragraph-19Offences under the Information Technology Act, 2000Paragraph-20Offences … of Children) Act, 2000Paragraph-14Offences under the Emigration Act, 1983Paragraph-15Offences under the Passports Act, 1967Paragraph-16Offences under the Foreigners Act, 1946Paragraph-17Offences under the Copyright Act, 1957Paragraph-18Offences under the Trade Marks Act, 1999Paragraph-19Offences under the Information Technology Act, 2000Paragraph-20Offences under … O.C.Nos.56, 57 of 2010 on the file of the Adjudicating Authority under Section 5 of the Prevention of Money Laundering Act, 2002 to hear the … by the second respondent could be in force for a period of 150 days, the Director is obliged under section 5 (5) of the Act

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Jul 12 2005

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

Court : Supreme Court of India

Decided on : Jul-12-2005

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 … Tribunal and each Tribunal has to consist of two members. Section 9 gives the powers of the Tribunal. Section 15 provides for establishment of an Appellate Tribunal which shall consist of not less than two and not more

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Jul 25 2008

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

Court : Guwahati

Decided on : Jul-25-2008

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 … received by her husband. As per the provision of Order V, Rule 15 CPC service on any adult member of the family, whether male or

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Feb 29 2012

G.Karunairaj Vs. State Rep.by the Secretary to Government.

Court : Chennai

Decided on : Feb-29-2012

Subject : Land Acquisition

filed under Sections 420, 109, and 468 of the Indian Penal Code read with Section 14 of the Foreigners Act, 1946, Section 3 of the Passport (Entry Into India) Act, 1920 and Section 65 of the Tamilnadu City Police Act; … and 14 deal with the contravention of the provisions of the Act and the penalty for the same. Section 15 gives immunity to a person acting under this Act, from any suit, prosecution or other legal proceedings, in

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Aug 13 2002

Tasleem Murad Vs. Government of A.P.

Court : Andhra Pradesh

Decided on : Aug-13-2002

Subject : Constitution

Acts : Constitution of India - Articles 15, 16, 19, 21 and 21A; Foreigners Act, 1946 - Sections 3, 3(2) and 14; Foreigners Order, 1948

Reported in : 2002(5)ALD307

directing the third respondent to serve notice under Clause (c) of Sub-section (2) of Section 3 of the Foreigners Act, 1946 directing the petitioner to leave India. The quit India notice i.e., the impugned order was duly served on … comparison with the right of a citizen under Article 21 of the Constitution. The Fundamental rights under Articles 15, 16 and 19, for instance, which are conferred on citizens cannot be guaranteed to a foreign national on

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