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Burada Kanaka Ratnam Vs. Senior Superintendent of Posts and ors.

Court : Andhra Pradesh

Subject : Service

Acts : Constitution of India - Article 226

Reported in : 2005(2)ALD174

with respect to women not lawfully married'.In Bhaurao v. State of Maharashtra, : 1965CriLJ544 , while dealing with Section 17 of the Hindu Marriage Act, 1955 and Section 494 IPC it was held by the Apex Court at … well. Equity jurisdiction and exercise thereof cannot be held to be totally foreign to service jurisprudence though this branch of Law would be well governed … employer-petitioner to challenge the merits of the findings made by the authorities under the Industrial Employment (Standing Orders) Act, (1946).12. On the settled principles relating to exercise of certiorari jurisdiction the decisions are two numerous and the well

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 … 10 of this affidavit that the Law Commission of India in its 175th Report on the Foreigners (Amendment) Bill, 2000 (submitted in September 2000) has … 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

Yaro Khan @ Ahmad Shah Vs. Uoi and ors.

Court : Delhi

Subject : Constitution

Acts : Foreigners Act, 1946 - Section 3(2); Citizenship Act, 1955 - Section 5(1)(a); Constitution of India - Article 5 (c); Registration of Births & Deaths Act, 1969 - Section 17; Births, Deaths and Marriages Registration Act, 1886

of the petitioner has been issued. Prior thereto also, an order dated 05.05.1998 under Section 3(2) of the Foreigners Act, 1946 restraining the petitioner from remaining in India and directing him to depart from India latest by 15.05.1998 was … of Birth dated 07.09.2006 issued by the Department of Economics and Statistics of the Government of Nagaland under Section 17 of the Registration of Births & Deaths Act, 1969 and ii) a letter dated 16.01.2003 purportedly of the

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 … without any steps.34. After the aforesaid dates, the matter was fixed on 17.12.2007 on which date, the petitioners remained absent without any steps. Thus, naturally,

Khair Mohamed Reas Mohamed Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Articles 5, 6 and 7; Code of Criminal Procedure (CrPC) , 1973 - Sections 162; Evidence Act - Sections 145

Reported in : 1994(4)BomCR196

was not a foreigner within the meaning of the expression 'foreigner' as defined in section 2(a) of the Foreigners Act, 1946. By amending Act 11 of 1957, the definition of the expression 'foreigner' was substantially amended by the Legislature. … to be considered as a 'tainted material. The learned counsel for the appellants referred to paragraphs 16 and 17 of the judgment of Subba Rao, J. in the case of Tahsildar Singh v. State of U.P. :

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 … Pakistan after1-3-1947 and Before 26-1-1950. This burden, forthe reasons already given, the respondent has miserably failed to discharge. 17. It is also contended by the learned counsel for the respondent that once the requirement of Article 5

Abdul Hasim (Md) Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

is how, the sovereignty of India is being protected by the authorities.37. As per Section 9 of the Foreigners Act, 1946 burden of proof as to whether any person is or is not a foreigner or is or is … November, 2002 and those of 1966, 1970, 1997 and 2005 in June, 2007 i.e. after 14 years and 17 years respectively of the proceeding before IM(D)T initiated in 1988.22. On the face of the aforesaid voter lists

Sk. Abdul Karim and ors. Vs. State of West Bengal

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 22(5) and 32; Preventive Detention Act, 1950 - Sections 3(2), 8 and 13

Reported in : AIR1969SC1028; 1969CriLJ1446; (1969)1SCC433; [1969]3SCR479

community, or(b) if satisfied with respect to any person who is a foreigner within the meaning of the Foreigners Act, 1946 (XXXI of 1946), that with a view to regulating his continued presence in India or with a view … not be issued under Article 32 of the Constitution directing their release from detention under orders passed Under Section 3(2) of the Preventive Detention Act, 1950 (Act IV of 1950)(hereinafter called the Act). Cause has been shown … No. 2 Sk. Abdul Karim, the order of detention was made on 17th February, 1968 by the District Magistrate of Hooghly and reads as follows

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 … inter alia13, for challenging the constitutional validity of Section 6A of the Citizenship Act. By an order dated 17 December 2014, a two-Judge Bench of this Court referred the following thirteen issues to a Constitution Bench: a.

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 … Section 1 of the British Nationally an status of Aliens Act 1914 (4 and 5 Geo. 5, C 17), or (ii) has not been granted a certificate of naturalisation as a British subject under any law for