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Dec 05 2006

Sarbananda Sonowal Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Dec-05-2006

Subject : Constitution

Acts : Illegal Migrants (Determination by Tribunals) Act, 1983; Foreigners Act, 1946 - Sections 3, 8 and 9; Citizenship Act, 1955 - Sections 6A(3), 6A(6), 6A(7) and 18; Evidence Act, 1872 - Sections 62, 101, 102 and 106; Government of India Act, 1935; Illegal Migrants (Determination by Tribunals) Rules, 1984; Citizenship Rules, 1956 - Rule 16F; Constitution of India - Articles 5, 6, 11, 14, 21, 30(1), 32 and 355; Foreigners (Tribunal) Order, 1964; Assam Foreigners (Tribunal) Order, 2006; Code of Civil Procedure (CPC)

Reported in : 2006(13)SCALE33; (2007)1SCC174

Act, 1983 (for short 'the IMDT Act') as unconstitutional, null and void and a consequent declaration that the Foreigners Act, 1946 (for short 'the 1946 Act') and the Rules made thereunder would apply to the State of Assam. The … the said decision, instead of implementing the directions therein, the Central Government in exercise of its power under Section 3 of the 1946 Act made an Order known as 'the Foreigners (Tribunal) Amendment Order, 2006' (for short … origin complies with any of the requirements under Sub-section (3) of Section 6A of the Citizenship Act, 1955 (57 of 1955).(3) The Tribunal shall consist

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May 11 1999

State Through Superintendent of Police, Cbi/Sit Vs. Nalini and ors.

Court : Supreme Court of India

Decided on : May-11-1999

Subject : Media and CommunicationCriminal

Acts : Terrorist and Disruptive Activities(Prevention) Act, 1987 - Sections 3, 3(1), 3(2), 3(3), 3(4), 4, 4(1), 4(3), 5, 12, 15, 15(1), 21 and 30; Indian Penal Code (IPC), 1860 - Sections 34, 109, 120A, 120B, 162, 164, 201, 212, 216, 281, 302, 313, 324, 326, 428 and 463; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 221(1), 221(2), 235(2), 300, 354(3) and 465; Evidence Act, 1872 - Sections 4, 6, 10, 15(1) and 24 to 30; Foreigners Act, 1946 - Sections 14; Explosive Substances Act, 1908 - Sections 3, 4 and 5; Arms Act, 1959 - Sections 25 and 25(1B); Passport Act, 1967 - Sections 12; Wireless Telegraphy Act, 1933 - Sections 6(1A); Terrorist and Disruptive Activities(Prevention) Rules, 1987 - Rule 15 and 15(3); Unlawful Activities(Prevention) Act, 1967; Constitution of India - Article 20(2)

Reported in : 1999(2)ALT(Cri)1; 1999CriLJ3124; JT1999(4)SC106; 1999(3)SCALE241; (1999)5SCC253; [1999]3SCR1; AIR 1999 SC 2640

of the offences under Section 212 and 216 of the Indian Penal Code , Section 14 of the Foreigners Act, 1946, Section 25(1-5) of the Arms Act, Section 5 of the Explosive Substance Act, Section 12 of the passports Act, … the Arms Act, Section 5 of the Explosive Substance Act, Section 12 of the passports Act, and Section 6(1-A) of the Wireless and Telegraph Act, 1933, in respect of those accused who were found guilty of those

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Oct 08 1999

Suthenthiraraja @ Santhan and Others Etc. Etc. Vs. State Through Dsp/C ...

Court : Supreme Court of India

Decided on : Oct-08-1999

Subject : Criminal

Acts : Supreme Court Rules, 1966 - Rules 1, 2 and 3; Indian Penal Code (IPC), 1860 - Sections 120B, 212, 216, 302; Terrorist and Disruptive Activities, 1985 - Sections 3(3), 4, 5; Foreigners Act, 1946 - Sections 14; Arms Act, 1959 - Sections 25(1B); Explosive Substances Act, 1908 - Sections 5; Passport Act, 1967 - Sections 12; Wireless and Telegraphy Act, 1933 - Sections 6(1A) ;Constitution of India - Articles 21, 137, 145

Reported in : AIR1999SC3700; 1999(2)ALT(Cri)424; 1999CriLJ4587; JT1999(8)SC132; 1999(6)SCALE381; (1999)9SCC323; [1999]Supp3SCR540

court of the offences under Sections 212 and 216 of the Indian Penal Code, Section 14 of the Foreigners Act, 1946, Section 25(1-B) of the Arms Act, Section 5 of the Explosive Substances Act, Section 12 of the Passport Act … the Arms Act, Section 5 of the Explosive Substances Act, Section 12 of the Passport Act and Section 6(1-A) of the Wireless and Telegraphy Act, 1933, in respect of those accused who were found guilty of those

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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 … Foreigners (Tribunals) Order, 1964 framed thereunder. Under the said provision a person of Indian origin as defined under Section 6-A(3) who entered into Assam prior to 1st January, 1966 and has been resident in Assam since then is

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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 … was duly served on him and a report to that effect was made by the officer concerned on 6-4-1960 vide exhibit Ka-6. By thrs order the respondent was required to leave India within twenty-four hours of the

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Sep 02 1958

Rasool Vs. State of Mysore

Court : Karnataka

Decided on : Sep-02-1958

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 … on an emergency certificate issued by the Passport Officer and District Magistrate, Chittagong, which was valid up to 6-5-1954, covered by an Indian Visa of category C (that is valid for a single journey into India for

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Apr 23 1958

State Vs. Sharifbhai Jamalbhai

Court : Mumbai

Decided on : Apr-23-1958

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 9(2), 18 and 18(2); Citizenship Rules, 1956 - Rules 3, 30, 30(1) and 30(2); Constituion of India - Articles 5, 6, 7, 19 and 19(1); Foreigners Order, 1948; Foreigner Act, 1946 - Sections 14

Reported in : AIR1959Bom192; (1958)60BOMLR1186; 1959CriLJ577; ILR1958Bom1422

of clause 7 of the Foreigners Order, 1948, which infringement is made punishable under Section 14 of the Foreigners Act, 1946. Sharifbhai was born in Baroda on 7th December 1933. He has produced a birth certificate in support of … for himself and his people in the years 1949 and 1951 in Baroda. He has also produced Exh. 6, a muster roll of the Yamuna Mills Baroda to show that till December 1951 he was serving the

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Sep 10 1963

Habatullah Haji Fazale HussaIn Vs. the State

Court : Gujarat

Decided on : Sep-10-1963

Subject : CriminalConstitution

Acts : Constitution of India - Articles 5, 6, 7 and 226; Foreigners Act, 1946 - Sections 2 and 3(2)

Reported in : AIR1964Guj128; 1964CriLJ24; (1964)0GLR273

I. D., Gujarat State, Ahmedabad, respondent No. 2 herein, under Section 3, Sub-section (2), Clause (c) of the Foreigners Act, 1946, directing petitioner not to remain in India after the date on which the order is served on him … on the same day, he was arrested and was being removed to the frontier of India. On the 6th of August, 1963, one Gulamhussain, the younger brother of petitioner, filed a petition, bearing Miscellaneous Application No. 247/1963

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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 … foreigner entered India or at the place at which he presents a registration report in accordance with Rule 6 of the Registration of Foreigners Rules, 1939 a permit indicating the period for which he is authorised to

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Feb 23 1955

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

Court : Supreme Court of India

Decided on : Feb-23-1955

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 … voyage to the Federal Republic of Germany until the 8th January 1955'. 6. The petitioner complains that this invalidated all the other visas and as, … 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

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