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Sep 12 1961

State Vs. Abdul Suttar Haji Ibrahim Patel

Court : Gujarat

Decided on : Sep-12-1961

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

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

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Sep 23 1958

The State Vs. Mahmadkhan Navrangkhan

Court : Mumbai

Decided on : Sep-23-1958

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 … 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

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Dec 09 1958

State Vs. Ibrahim Nabiji

Court : Mumbai

Decided on : Dec-09-1958

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

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Jul 14 1960

State Vs. Ashfaq Ahmad

Court : Allahabad

Decided on : Jul-14-1960

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.

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Nov 17 1959

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

Court : Chennai

Decided on : Nov-17-1959

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

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

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Sep 29 1961

State of U.P. Vs. Jafar Ali

Court : Allahabad

Decided on : Sep-29-1961

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

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Oct 27 1958

In Re: Abdul Khader

Court : Andhra Pradesh

Decided on : Oct-27-1958

Subject : CriminalConstitution

Acts : Constitution of India - Articles 5, 6 and 7; Citizenship Act, 1955 - Sections 9 and 10; Citizenship Rules - Rule 30; Foreigners Act, 1946 - Sections 2

Reported in : 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

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Apr 27 1962

Abdul Gafar Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-27-1962

Subject : Constitution

Acts : Constitution of India - Articles 5 and 7; Foreigners Act, 1946 - Sections 2; Foreigners (Amendment) Act, 1957

Reported in : 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

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Jun 26 1959

Ali Sher Vs. the State

Court : Allahabad

Decided on : Jun-26-1959

Subject : Criminal

Acts : 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

Reported in : 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.

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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 … 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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