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El Mustafa El Fathi Vs. State of Karnataka

Court : Karnataka

Subject : Criminal

Reported in : 2004CriLJ4796; ILR2004KAR4603; 2004(7)KarLJ495

the learned Metropolitan Magistrate while convicting him for violation of the provisions of paragraph 7(1 )(2) of the Foreigners Order, 1948 punishable under Section 14 of the Foreigners Act, took a lenient view considering that the petitioner is a … petition has been filed under Section 482 of the Cr.P.C, challenging the following portion of the order dated 5.8.04 passed by the learned Metropolitan Magistrate (Traffic Court-I), Bangalore, in C.C.No. 407/04':' The State is directed to take

Wahid Mian Hiddan Mian Vs. the State

Court : Allahabad

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 : … ORDERM.C. Desai, J. 1. The applicant has been convicted under Section 14 of the Foreigners Act, 1946, for the act of not departing from India before the expiry of … into India without a valid passport conforming to the conditions of Rule 5, Rule 5 (iv-A) lays down that a passport issued by the Government

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

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, … under the authority of Pakistani Pass-port bearing No. 351544 dated 11-8-55 and 'C' Visa bearing No. 22144 dated 5-10-1957 and having obtained Residential Permit No. 322/57 from the Registration Officer, Ahmedabad which permitted him to stay in

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

violation of Rules 11 and 12 of the Registration of Foreigners Rules, 1992, and para 7 of the Foreigners Order, 1948 and also under Section 5 of the Registration of Foreigners Act, 1939 and Section 14 of the Foreigners

State of U.P. Vs. Wali Mohammad

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 5, 6, 7 and 394; Citizenship Act, 1955 - Sections 9; Citizenship Rules, 1956; Foreigner's Act, 1946 - Sections 2 and 14; Foreigner's (Amendment) Act, 1957; Foreigners Order, 1948

Reported in : AIR1973All44

failed to obtain a residential permit extending the period of visa under paragraph 7 (2) of the Indian Foreigners Order, 1948, he was alleged to have contravened the said provision. Consequently, he was arrested on 8-12-1967 and prosecuted under … the 1st Temporary Civil & Sessions Judge, Aligarh setting aside the conviction and sentence of the respondent under Section 14 of the Foreigners Act The respondent was convicted by thetrial Magistrate under Section 14 of the Foreigners … the Foreigners Order. Before the enactment of the Citizenship Act, 1955 (No. 57 of 1955) the only provisions of law on the basis of which

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

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 is an Iranian National and he failed to depart … a person is an Indian citizen. In the present case, reliance was placed on the provisions of Article 5 of the Constitution, and if it was found that the respondent had complied with the requirements of Article

Rasool Vs. State of Mysore

Court : Karnataka

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

of an offence under Section 14 of the Foreigners Act of 1946 read with Rule 7 of the Foreigners Order 1948 made under the provisions of Section 3 of the said Act, and has been sentenced to undergo simple … stay in India after the expiry of the period of validity of the emergency certificate and Indian visa.' 5. This was on 26-8-1955. On the same day one witness for the prosecution was also examined. Thereafter there

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

person who had entered: India on an earlier date. He observed that the Foreigners Act 1946 and the Foreigners Order 1948 applied to Pakistan nationals after the passing of the Foreigners Laws (Amendment) Act, 1957 when the definition of … Sessions Judge of Bijnor 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 … of the British Nationality and Status of Aliens Act, 1914 (4 and 5 Geo. 5, Chapter IV). Section 1 stands as follows:---'1 (1) The following

Shahadat Vs. Superintendent District Jail and ors.

Court : Allahabad

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

1962, defines civil authority as the civil authority appointed under paragraph 2 of the Foreigners' Order, 1948, and Section 5 of the aforesaid order invests the 'civil authority' of the area to arrest or cause to be arrested … 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

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

date 20th September 1958 and remained in India and thereby you contravened the 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 … the Constitution was held, in Kulathil Mammu's case (supra), to contain an exception to the operation of Article 5 of the Constitution for conferring citizenship of India on persons who at the commencement of the Constitution, had