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Jul 28 1960

State Vs. Yakub

Court : Allahabad

Decided on : Jul-28-1960

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections 3 and 14; Foreigners Order, 1948; Foreigners Law (Amendment) Act, 1957 - Sections 2

Reported in : AIR1961All428

Foreigners Act 1946,-- hereinafter called 'the Act of 1946' -- for the contravention of para 7 of the Foreigners Order. '1948 -- hereinafter called 'the Order of 1948' -- framed under Section 3 of the Act of 1946.2a. The

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Dec 15 1965

Shahadat Vs. Superintendent District Jail and ors.

Court : Allahabad

Decided on : Dec-15-1965

Subject : Constitution

Acts : Constitutioin of India - Article 258; Registration of Foreigners' Rules, 1939 - Rule 3; Foreigners' Act, 1946 - Sections 3; Foreigners' Order, 1948; Foreigners' (Internment) Order, 1962 - Sections 2 and 20; Police Act, 1861 - Sections 20

Reported in : AIR1967All11

of the nature specified in various clauses of Section 3 of the Foreigners' Act, 1946, and under the Foreigners Order 1948, subject to certain conditions. This notification has been issued by the President in exercise of the powers conferred

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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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Feb 24 1959

The State of Madhya Pradesh Vs. Mumtaz Ali Faiz Ali and ors.

Court : Madhya Pradesh

Decided on : Feb-24-1959

Subject : CriminalConstitution

Acts : Foreigners Act, 1946 - Sections 2, 3(2), 3(3) and 14; Foreigners Order, 1948 - Sections 2, 7 and 11(2)

Reported in : AIR1959MP387; 1959CriLJ1337

dated 29-8-1957 in exercise of powers conferred upon him by the State Government under Notification No. 10779-737-H-I under Foreigners Order, 1948. Hf again failed to comply. He was therefore prosecuted as stated above.5. The accused admitted to have come … by the Additional District Magistrate, Mandsaur. The accused in all these cases were prosecuted for an offence under Section 3(2)(c) and 14 of the Foreigners Act, 1946, read with Foreigners Laws Amendment Act, 1957.2. Questions involved in all

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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 … those orders which the Central Government may make in the exercise of their power conferred upon them by Section 3 of the Foreigners Act, 1946. Section 3(1) of the Act says that 'the Central Government may by order

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Dec 03 1958

Bhawalkhan Zelanikhan Vs. B.C. Shah

Court : Mumbai

Decided on : Dec-03-1958

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections 3 and 3(2)

Reported in : (1959)61BOMLR993

of an order dated November 1st, 1958 made by the respondent in pursnance of Clause 11 of the Foreigners Order, 1948. The relevant facts are as follows:(2) The petitioner is a foreigner and is a national fo Afghanistan. By … Dy. Secretary to the Government of India in exedrcise o the powers conferred by the sub-section (2) of section 3 of the Foreigners Act it was directed that the petitioenr shall not remain in India and that he

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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 … British subjects under any law for the time being in force, could not be regarded as foreigners. By Section 3 of the Foreigners Act, power was conferred upon the Central Government to make order, either generally or with

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Sep 14 2012

Nooria Y. Haveliwala Vs. the State of Maharashtra

Court : Mumbai

Decided on : Sep-14-2012

Subject : MRTP

13th October, 2011, in restriction order No. 09/DCP/SBII/FSC/2011, in exercise of powers conferred under Para 11(2) of the Foreigners Orders, 1948, against the Petitioner for not to move out of the limits of Gr. Mumbai District, till … 427 of the Indian Penal Code, read with Section 184, 185 of the Motor Vehicles Act, read with Section 3 of the Prevention of Damage to the Public Property Act, read with Section 27 of the NDPS Act.

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Sep 23 1960

Kallan Khan Vs. State

Court : Allahabad

Decided on : Sep-23-1960

Subject : Criminal

Acts : Foreigners Act, 1946 - Sections 3(2) and 14; Indian Passport Act, 1920

Reported in : AIR1961All261; 1961CriLJ584

had not proved that any permit had been granted to him as required by paragraph 7 of the Foreigners Order 1948 and that he had overstayed that permit. It was urged on behalf of the State on the basis … the decision of the following question : 'In order to sustain a conviction under Section 14 read with Section 3(2)(C) of the Foreigners Act, is it necessary to prove (a) that a permit was issued to the accused

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Sep 24 1959

Wahid Mian Hiddan Mian Vs. the State

Court : Allahabad

Decided on : Sep-24-1959

Subject : CriminalConstitution

Acts : Constitution of India - Articles 5, 6 and 7; Foreigners Order, 1948 - Rule 7; Foreigners Act, 1948 - Sections 14

Reported in : AIR1961All111; 1961CriLJ206

presence in India and their departure from India. In exercise of this power the Central Government made the Foreigners Order, 1948. In this case I am concerned only with Rule 7 of the Order, which reads an follows : … as it stands now. If he was not a citizen of India on 15-2-1957 he was a foreigner. Section 3 authorises the Central Government to make provision with respect to foreigners for, among other matters, their continued presence

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