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State Vs. Abdul Suttar Haji Ibrahim Patel
Gujarat
Sep-12-1961
CriminalConstitution
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
AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
to show that he was not a foreigner and in view of the definition of 'foreigner' contained in Section 2 of the Foreigners Act, that he was a citizen of India. In Section 2 of the Foreigners Act, … 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
Tag this Judgment! AI Brief & AskThe State Vs. Mahmadkhan Navrangkhan
Mumbai
Sep-23-1958
Criminal
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)
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 … order of acquittal passed by the Judicial Magistrate, First Class, Ankleshwar in Criminal Case No. 996 of 1957. 2. The case of the prosecution was that the present respondent Mahomedkhan Navarangkhan is a foreigner being a National
Tag this Judgment! AI Brief & AskState Vs. Ibrahim Nabiji
Mumbai
Dec-09-1958
Criminal
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
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
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State Vs. Ashfaq Ahmad
Allahabad
Jul-14-1960
Constitution
Foreigners Act, 1946 - Sections 2, 3(2), 9 and 14; British Nationality and Status of Aliens Act, 1914 - Sections 1(1); Foreigners Order, 1948
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.
Tag this Judgment! AI Brief & AskT.A. Mahomed Usman Vs. State of Madras Represented by Secy. to Govt. o ...
Chennai
Nov-17-1959
Constitution
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
AIR1961Mad129; (1960)IIMLJ290
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 the … 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
Tag this Judgment! AI Brief & AskState of U.P. Vs. Jafar Ali
Allahabad
Sep-29-1961
Constitution
Foreigners Act, 1946 - Sections 2, 3(2) and 14; Foreigners (Amendment) Act, 1957 - Sections 2; Code of Criminal Procedure (CrPC) - Sections 364
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
Tag this Judgment! AI Brief & AskIn Re: Abdul Khader
Andhra Pradesh
Oct-27-1958
CriminalConstitution
Constitution of India - Articles 5, 6 and 7; Citizenship Act, 1955 - Sections 9 and 10; Citizenship Rules - Rule 30; Foreigners Act, 1946 - Sections 2
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
Tag this Judgment! AI Brief & AskAbdul Gafar Vs. State of Gujarat
Gujarat
Apr-27-1962
Constitution
Constitution of India - Articles 5 and 7; Foreigners Act, 1946 - Sections 2; Foreigners (Amendment) Act, 1957
AIR1963Guj48; (1963)0GLR247
that when the petitioner returned to India on June 14, 1956, he was not a foreigner under the Foreigners Act, 1946, as it stood then. That being so, the amended definition of the word 'foreigner', which was brought into … citizen, whether the amended definition of the word 'foreigner' changed his status and rendered him a 'foreigner'.3. Under Section 9 of the Foreigners Act, whenever a question arises with reference to that Act or any order made … on the footing that he had migrated to Pakistan. Furthermore on February 29, 1960, he gave a statement to the police at Anjar, wherein he
Tag this Judgment! AI Brief & AskAli Sher Vs. the State
Allahabad
Jun-26-1959
Criminal
Foreigners Act, 1946 - Sections 2, 3, 8, 9 and 14; Foreigners Laws (Amendment) Act, 1957; Indian Pass Port Act, 1920; Citizenship Rules, 1956 - Rule 30; Citizenship Act, 1955 - Sections 9; Foreigners Order, 1948
AIR1960All431; 1960CriLJ875
the ex-pirv of the period of the visa is not an offence as under Section 14 of the Foreigners Act, 1946 it is the contravention of the provision of the Act or of any order made thereunder or any … Foreigners Act. Each of them has been sentenced to two year's R. I. and a fine of Rs. 200/- in case of default, another three month's R. I.4. Both the applicants admitted the allega-tions made against them.
Tag this Judgment! AI Brief & AskBabul Khan Vs. State Of Karnataka
Karnataka
May-19-2020
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 … trial. 14 (d) Procedure after the trial. (Acquittal or conviction) till deportation of such foreign national.17. Illegal migrants: Section 2(1) (b) of Indian Citizenship Act, 1955, explains who is an illegal migrant, and how citizenship can be acquired.
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