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Jun 25 2014

B.Sivashankar Vs. State of Tamil Nadu

Court : Chennai

Decided on : Jun-25-2014

Subject : Land Acquisition

of 1860), 12(1)(a) of Passports Act, 1967 and section 14(c) Foreigners Act, 1946 read with paragraph 5 of Foreigners Order, 1948. Therefore, there was a compelling necessity to pass the order of detention with a view to prevent him

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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

spite of the expiry of the notice and had therefore committed a breach of Rule 7 of the Foreigners Order, 1948, and Section 13 of the Foreigners Act, 1946, and thus committed and offence punishable under Section 14 of … that the foreigner - ..... (c) shall not remain in India or in any prescribed area therein.' Under Section 12 of the Act, it seems the Central Government has been authorised to delegate its powers under Section 3

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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

meaning of the Foreigners -- Laws (Amendment) Act, 1957, and had not obtained under Rule 7 of the Foreigners' Order, 1948, the necessary residential permit and had thereby infringed the provisions of Section 14 of the Foreigners' Act.2. Before … an individual or against a class generally is conferred upon the Central Government. It is true that under Section 12 of the Foreigners Act the power to make orders under Section 3 may be delegated to a subordinate

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Apr 27 1993

State of Arunachal Pradesh Vs. Khudiram Chakma

Court : Supreme Court of India

Decided on : Apr-27-1993

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 6A; Immigrants (Expulsion from Assam) Act, 1950 - Sections 2; Bengal Eastern Frontier Regulation, 1873 - Sections 7; Constitution of India - Articles 14, 19(1) and 21; Government of India Act, 1935 - Sections 91; North-Eastern Areas (Reorganisation) Act, 1971; Foreigners Act, 1946 - Sections 3; Citizenship (Amendment) Act, 1985; Arms Act, 1959 - Sections 25A; ;Arms Act, 1959 - Sections 25A; Indian Penal Code (IPC), 1860 - Sections 302

Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401

of the petitioners under the said Regulation which is applicable to Arunachal Pradesh. Besides, Clause 9(2)(a) of the Foreigners Order 1948 prohibits acquisition of land or any interest thereon or within the prohibited area by any foreigner. Clause 9(2)(b) … according to the 1981 census is 6.32 lakhs. It is scattered over 12 towns and 3,257 villages. There are 26 Major tribes. Broadly speaking, the … deed dated 20th November, 1972.9. The State would contend that the said transfer is illegal because as per Section 7 of the BEFR, 1873 (Regulation 5 of 1873) no person, who is not a native of the

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Jun 25 2014

T.Sathishkumar Vs. State of Tamil Nadu

Court : Chennai

Decided on : Jun-25-2014

Subject : Land Acquisition

of 1860), 12(1)(a) of Passports Act, 1967 and section 14(c) Foreigners Act, 1946 read with paragraph 5 of Foreigners Order, 1948. Therefore, there was a compelling necessity to pass the order of detention with a view to prevent him

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Dec 28 2006

State of Gujarat Vs. Jaman Haji Mamad Jat and 3 ors.

Court : Gujarat

Decided on : Dec-28-2006

Subject : CriminalMedia and Communication

Acts : Indian Arms Act - Sections 25, 25(1)(AA) and 25(1)(B)(C)(F); Explosive Substances Act, 1908 - Sections 4, 5, and 6; Criminal Law Amendment Act - Sections 3; Foreigners Act - Sections 13(2); Indian Wireless and Telegraphic Act - Sections 6(1A) and 14; Customs Act - Sections 108; Indian Penal Code (IPC) - Sections Sections 34, 120B, 121, 121(A), 122, 123 and 124(A) and 489A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 366(1)

Reported in : 2007CriLJ1584; (2007)2GLR1165

Authority and District Superintendent of Police, Bhuj-Kutch, passed a restriction order on 6-6-1999 under Section 11 of the Foreigners Order, 1948 by Government of Gujarat Notification No. RCF-1160(II) dated 2-12-1960 to keep the above referred persons in a Joint

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Apr 26 1960

Firoz MeharuddIn Vs. Sub-divisional Officer and ors.

Court : Madhya Pradesh

Decided on : Apr-26-1960

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

sought to be supported on the ground that he had been appointed as the 'Civil Authority' under the Foreigners Order, 1948. It was held that this stand was untenable, as the Civil Authority appointed under that Order could not, … Act has been given; and unless there is a valid delegation in favour of a particular authority under Section 12 of that Act, no order could validly be passed.6. Before considering the specific grounds on which the orders

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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

the Registration Officer, Panchamahals for the period ending 12-4-1958 and contravened the provisions 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,

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Jul 18 1972

State of Assam Vs. Jilkadar Ali

Court : Supreme Court of India

Decided on : Jul-18-1972

Subject : Constitution

Acts : Constitution of India - Article 7; Citizenship Act, 1955; Foreigners Act, 1946 - Sections 2 and 14; Registration of Foreigners (Exemption) Order, 1957

Reported in : AIR1972SC2166; 1972CriLJ1441; (1972)2SCC320; [1973]1SCR685

one Tozamul Ali Majumdar. He had at that time no permit as required by Clause 7 of the Foreigners Order, 1948, as amended in 1959. He was consequently arrested and prosecuted under Section 14 of the Foreigners Act, 1946 … the definition of a foreigner in Section 2 of the Foreigners Act before it was amended in 1957. 12. The decision in State v. 13. In our view the respondent was a foreigner when he entered India

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May 19 1965

A.H. Magermans Vs. S.K. Ghose and ors.

Court : Kolkata

Decided on : May-19-1965

Subject : Constitution

Acts : Constitution of India - Articles 5, 14, 53, 77(2), 166(1), 166(2), 245, 258 and 258(1); ;Registration of Foreigners Rules, 1939 - Rules 3, 7(3) and 13(1); ;Foreigners Act, 1946 - Section 3(2); ;Foreigners Order, 1948; ;Evidence Act, 1872 - Section 114; ;Indian Passport Rules, 1950

Reported in : AIR1966Cal552,70CWN82

(cc), (d) and (f) of Subsection (2) of Section 3 of the Foreigners Act, 1946, and under the Foreigners Order, 1948. This entrustment by the Central Government was made subject to two conditions mentioned in the said Notification, namely:(a) … the President. The President has certain legislative functions and powers, namely, the power to promulgate ordinances under Article 123 of the Constitution and also the emergency powers conferred upon him under Part XVIII of the Constitution. It

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