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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 … how he has acquired the citizenship of another country, is to be determined, for the purposes of Section 9(2), by the Central Government.8. In the present case, the respondent did claim the status of a citizen of

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

Court : Guwahati

Subject : Civil

a lack of will in the matter of ensuring that illegal immigrants are sent out of the country.6. Section 9 of the Foreigners Act, 1946 reads as under-9. Burden of profit in any case not falling under Section … (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

State of Punjab and ors. Vs. Sher Mohammad Relu

Court : Punjab and Haryana

Subject : Constitution

Acts : Citizenship Act - Sections 9; Citizenship Rule - 30(2); Foreigners Act, 1946 - Sections 3 and 14; Constitution of India - Articles 5, 6 and 226

Reported in : AIR1962P& H333

Judge of this Court quashing the order of deportation made against the respondent under section 3 of the Foreigners Act, 1946.(2) It is not disputed that the respondent was born on 22nd October, 1907 in village Asourd, Tehsil Malerkotla, … in Pakistan. The learned Judge considered that this matter could be decided only by the Central Government under section 9 of the Citizenship Act, 1955, and the rules framed thereunder. Relying on an earlier decision given by him

State of Gujarat Vs. Yakub Ibrahim

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 5; Indian Citizenship Act - Sections 9; Foreigners Act, 1946 - Sections 9 and 14;

Reported in : AIR1974SC645; 1974CriLJ597; (1974)0GLR334; (1974)1SCC283; [1974]2SCR572

provisions of Clause 7(iii) of Foreigners Order 1948 and thereby committed an offence punishable under Section 14 of Foreigners Act 1946 and within my cognizance.2. The above mentioned charge was supported by the statement of Mahmadmiya, P.W. 2, Sub … citizenship after that date or not, could only be decided by the Central Government as laid down in Section 9 of the Indian Citizenship Act. It acquitted the respondent because it thought that the prosecution had not proved

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 … to eight years. Section 14C provides for some punishment for abetment of offences under Section 14A or 14B. Section 9 of this Act is important and it reads as under :-'9. Burden of proof - If in any

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

Court : Chennai

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

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 … 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

State Vs. Ghoraishi (Qureshi) Sayed Mohomed

Court : Mumbai

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 3, 3(2), 9 and 9(2); Foreigners Act, 1946 - Sections 14; Citizenship Rules, 1956 - Rule 30; Constitution of India - Article 5; Foreigners' Order, 1948; Registration of Foreigners Rule, 1939; Code of Criminal Procedure (CrPC) , 1908 - Sections 342;

Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278

the acquittal of the respondent, who was prosecuted for having committed an offence under Section 14 of the Foreigners Act, 1946, read with paragraph 7 of the Foreigners' Order, 1948. The case of the prosecution is that the respondent … lost his, Indian nationality. In support of the view which he took ho relied on the provisions of Section 9 of the Citizenship Act, 1955, and the rules framed thereunder. As I will presently point out, the question

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 … a citizen of India nor is it anybody's case that any decision has been made under this section. Section 9 merely lays down the rule of evidence as to burden of proof where the dispute is whether a

Rahmat Ullah Vs. State

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Article 77(1); Citizenship Act, 1955 - Sections 9(1) and 9(2); Citizenship Rules, 1956 - Rule 30; Foreigners Act, 1946 - Sections 2 and 14; Foreigners Order, 1948

Reported in : AIR1969All165; 1969CriLJ450

not surrender to his bail bonds which shall stand cancelled. (i) Criminal - proceedings - Section 14 of Foreigners Act, 1946, Section 9 (2) of Citizenships Act, 1955 and Rule 30 of Citizenship Rules, 1956 - person prosecuted by State Government

State Vs. Ashfaq Ahmad

Court : Allahabad

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

a Pakistan national and applied for being granted Indian citizenship. Reference must in this connection be made to Section 9 of the Foreigners Act, 1946 which provides:'If in any case not falling under Section 8 any question arises … 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.