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Martinez Montsant Joan Vs. Union of India (Uoi), Ministry of External ...

Court : Andhra Pradesh

Subject : CivilConstitution

Acts : Registration of Foreigners Act, 1939 - Sections 5 and 8; Foreigners Act, 1946 - Sections 3, 3(2), 14 and 16; Indian Passport Act, 1920; Registration of Foreigners Act, 1930 - Sections 5; Registration of Foreigners Rules, 1992 - Rules 2, 6, 6(3), 11, 11(2), 12 and 12(4); Foreigners Order, 1948; Foreigners Order, 1949; Constitution of India - Articles 5 to 10, 21, 25, 51 and 226

Reported in : 2009(5)ALT120

1948 and also under Section 5 of the Registration of Foreigners Act, 1939 and Section 14 of the Foreigners Act, 1946 and thereafter he was arrested on 4-6-2009 and was sent to judicial custody.2. Hence, this Writ Petition has … or with both, or if not a foreigner, with fine which may extend to five hundred rupees. However, Section 8 of the Registration of Foreigners Act, 1939 clearly mandates that application of other law not barred and that

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 … Act only to the State of Assam has been sought to be done away with by providing in Section 8(1) of the draft Bill for repeal of the said Act and dissolution of the Tribunals constituted thereunder. 10.

Jalal and anr. Vs. the State of Rajasthan

Court : Rajasthan

Subject : Civil

Acts : Foreigners Act, 1946 - Sections 8 and 9; Constitution of India - Article 226

Reported in : AIR1976Raj141; 1976(9)WLN38

226 of the Constitution for issue of writ quashing orders made against them under Section 3(2)(c) of the Foreigners Act, 1946 (which will hereinafter be referred to as 'the Act'). The orders are identical and read as follows: 'You............ … Act, so far as it is material, is in these terms:-- '9.--If in any case not falling under Section 8 any question arises with reference to this Act or any order made or direction given thereunder, whether any

Nasir Ahmed Vs. the Chief Commissioner, Delhi and anr.

Court : Punjab and Haryana

Subject : Constitution

Acts : Constitution of India - Articles 5, 7, 10, 19 and 226; Foreigners Act, 1946 - Sections 2, 3(2), 8 and 14; Citizenship Act, 1955 - Sections 9, 9(2), 10 and 13; Citizenship Rules - Rule 30

Reported in : AIR1959P& H261

J.1. On 19-5-1957 a notice on behalf of the Delhi State was issued under Section 3(2)(c) of the Foreigners' Act, 1946 read with Foreigners Laws (Amendment) Ordinance, 1957 whereby the Chief Commissioner directed Nasir Ahmad, his wife Mrs. Aziz … nor does it lay down any procedure for determining whether a person is or is not a foreigner, Section 8 of the Act empowers the Central Government to determine the nationality of a foreigner where he is recognised

Syed Safiullah Qadri Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections, 2, 3, 3(2), 8 and 8(1 and 2); Citizenship Act, 1955 - Sections 9 and 9(1 and 2); Passports Act, 1967 - Sections 10(3); Citizenship Rules - Rules 30; Passport Rules

Reported in : AIR1997AP155; 1996(3)ALT960

find any merits in the writ petition and accordingly it is dismissed.27. Petition dismissed. Criminal - deportation - Section 8 of Foreigners Act, 1946 - Order of deportation issued against petitioner's brother (detenu) - petition filed against Order … citizen of India and answering the description of a 'foreigner' under clause (a) of S. 2 of the Foreigners Act, 1946, the Government was competent to pass an order under S. 3(2)(c) thereof, deporting him from the country. In

Mohammad Umar Vs. the State

Court : Orissa

Subject : ConstitutionCriminal

Acts : Citizenship Act, 1955 - Sections 4(1), 5(4) and 8(2); Constitution of India - Article 7; Foreigner Act, 1946 - Sections 2, 3 and 14; ;Foreigner (Amendment) Act, 1957

Reported in : AIR1961Ori150; 26(1960)CLT610; 1961CriLJ353

Section 5 of the Citizenship Act, 1955.5. The expression 'foreigner' was originally defined in Section 2(a) of the Foreigners Act 1946 as 'anyone who was not a natural born British Subject' but by virtue of the amendment brought about … his applications were rejected and finally the Government of Orissa in the Home Department in their letter No. 8116 dated the 1st June, 1957, (Ext. 5) informed him as follows:Government of Orissa,Home Department,Memo No. 8116/PPT.Dated Bhubaneswar 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

provisions of Section 9 of the Foreigners Act, 1946, which reads asunder:'If in any case not falling under Section 8 any question arises with reference to this Act or any order made or direction given thereunder, whether any … 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

Md. Sibar UddIn and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Constitution

Acts : Illegal Migrants (Determination by Tribunals) Act, 1983 - Sections 2 and 8; Citizenship Act, 1955 - Sections 6A; Foreigners Act, 1946 - Sections 8

year 1940, the plaintiffs can be deported only after obtaining opinion of the Foreigners Tribunal constituted under the Foreigners Act, 1946 and if such an opinion is against the plaintiffs. Accordingly, if the concerned authority wants to deport the … may only state that reading Section 6A and definition of 'Illegal Migrant' as contained in Section 2(C) and Section 8 of the Act if a person of Indian Origin has come to India before 1st day of January,

Sarabari Begum (Mustt.) @ Syera Begum and ors. Vs. State of Assam and ...

Court : Guwahati

Subject : Civil

9 of the Foreigners Act, 1946 reads as under-9. Burden of profit in any case not falling under Section 8 any question arises with reference to this Act or any order made or direction given thereunder, whether any … (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

Ali Sher Vs. the State

Court : Allahabad

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 … 9 of the Foreigners Act. It is laid down therein that if in any case not falling under Section 8 of the Foreigners Act, any question arises with reference to this Act or any order made or direction