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izhar Ahmad Khan Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 5 to 11, 19, 19(1), 32 and 226; Citizenship Act, 1955 - Sections 9(2), 18 and 30(1); Citizenship Rules, 1956 - Rules 3, 4, 5 and 30; Foreigners Act, 1946 - Sections 3(2); Government of India Act, 1935; Evidence Act, 1872 - Sections 4; Common Law; Central Provinces and Berar Act, 1938

Reported in : AIR1962SC1052; [1962]Supp3SCR235

dated the 16th June, 1959, served on the petitioner. This order was passed under Section 3(2)(c) of the Foreigners Act, 1946 (No. XXXI of 1946). It was against this order that the petitioner came to this Court by his … citizenship is provided for by Sections 3 to 7. Section 3 deals with acquisition of citizenship by birth, section 4 with acquisition by descent, s. 5 with acquisition by registration, s. 6 with acquisition by naturalisation and s.

Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta ...

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Preventive Detention Act, 1950 - Sections 3(1); Foreigners Act, 1946 - Sections 3(2), 4(1) and 6; Extradition Act; Constitution of India - Articles 14, 19, 21, 22 and 32; Code of Criminal Procedure (CrPC) , 1898 - Sections 491

Reported in : AIR1955SC367; 1955CriLJ876; [1955]1SCR1284

of September, 1954. The second ground runs - 'That you are a foreigner within the meaning of the Foreigners Act, 1946 (Act XXXI of 1946) and that it has become necessary to make arrangements for your expulsion from India … had been arrested and asking for an early interview. This was granted. 4. On the 21st of September 1954, the petitioner wrote to the West … September, 1954 and was placed under preventive detention. The order was made by the West Bengal Government under section 3(1) of the Preventive Detention Act of 1950 (Act IV of 1950) on the ground that his detention

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 … may with respect to any particular foreigner make orders under clause (c) or clause (f) of sub-section (2). Section 4 confers power for directing a foreigner to be detained or confined in such place and manner as the

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 … the respondent when he applied for a Visa. This application is at Ex. 6 and it is dated 4-10-1057. In that application, the respondent has stated that his place of birth is Godhra, that his nationality is

Rasool Vs. State of Mysore

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 236, 237, 403, 403(5) and 494; Indian Passport Rules, 1950 - Rules 3, 4, 4(2) and 6; Foreigners Order, 1948 - Rule 7; Foreigners Act, 1946 - Sections 14; General Clauses Act, 1897 - Sections 26; Foreigners Laws (Amendment) Ordinance, 1957; Foreigners Rules, 1948 - Rule 7

Reported in : AIR1959Kant136; AIR1959Mys136; 1959CriLJ622; (1958)36MysLJ936

31-12-1953 and overstayed in India since 20-4-1954 and thereby committed an offence punishable under Section 14 of the Foreigners Act 1946 read with. Rule 7 of the Foreigners Rule 1948.' 7. It is on these facts that it is

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 … Few of the petitioners are facing the trials for offences under Sec. 465, 475 IPC and against one of them even the offence under Sec.

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

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 … the Sub-Divisional Officer, Jhabua, underS. 3(2)(e) of that Act imposing restrictions on the petitioner's movements,2. In S. Nos. 4, 6 and 7 the petitioners state that they had gone to Pakistan before the Constitution, i.e., sometime in

Khudiram Chakma Vs. Union Territory of Arunachal Pradesh and ors.

Court : Guwahati

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 6A, 6A(1) and 6A(2); Citizenship (Amendment) Act, 1985; Foreigners Act, 1946 - Sections 3; Bengal Eastern Frontier Regulation, 1973; Immigrants (Expulsion from Assam) Act, 1950 - Sections 2; Foreigners Protected Area Order, 1958Foreigners Order, 1948

are not citizens of India as envisaged under the Citizenship Act, 1955 and they are foreigners under the Foreigners Act, 1946. Under the Foreigners Order, 1948, the State Government has power to restrict the movement of foreigners. He has … families cannot be regarded as Citizens of India by birth under Section 3 of the Act, 1955. Under Section 4 of the Act, 1955 also the petitioner and other Chakma people cannot be regarded as citizens of India.17.

Mohd. Iqbal Vs. Superintendent, Central Jail, Tehar, New Delhi and ors ...

Court : Delhi

Subject : Criminal

Acts : Preventive Detention Act, 1950 - Sections 3, 3(1), 3(3) and 7(2); Constitution of India - Articles 14, 22, 22(5), 22(6) and 32; Foreigners Act, 1946 - Sections 3(2), 4(1) and 5; Customs Act, 1962 - Sections 104 and 135; Code of Criminal Procedure (CrPC) - Sections 561-A; Foreign Exchange Regulation Act - Sections 23(1) and 23(1)(A); Indian Penal Code (IPC), 1860 - Sections 120B; defense of India Rules

Reported in : AIR1969Delhi45; 1969CriLJ186

with a view to regulating the continued presence in India of a foreigner within the meaning of the Foreigners Act, 1946 or with a view to making arrangement for the expulsion of such foreigner from India. The detaining authority … fine of Rs. 200/-On 19th August, 1965, an order was made against the petitioner under subsection (1) of section 4 of the Foreigners Act when the petitioner was in detention under section 3(2)(g) of the said Act, inter