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Rahmat Ullah Vs. State
Allahabad
Jan-18-1968
Constitution
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
AIR1969All165; 1969CriLJ450
In this particular case, the applicant is alleged to have contravened the provisions of paragraph 7 of the Foreigners Order, 1948 under which provision every foreigner who enters India on the authority of a visa issued in pursuance of … applicant was an Indian citizen and reliance for the purpose was placed on behalf of the State on Section 9 of the Citizenship Act (LVII of 1955). Under Sub-section (1) of this section if a citizen of India
Tag this Judgment! AI Brief & AskState of U.P. Vs. Wali Mohammad
Allahabad
Apr-06-1972
Constitution
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
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 … to the Citizenship Act which was enacted in the year 1955 his submission was that the effect of Section 9 of that Act was to deprive a person of such citizenship only in the event of his acquiring
Tag this Judgment! AI Brief & AskState Vs. Ghoraishi (Qureshi) Sayed Mohomed
Mumbai
Jul-24-1963
Constitution
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;
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 … 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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
State Vs. Abdul Suttar Haji Ibrahim Patel
Gujarat
Sep-12-1961
CriminalConstitution
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
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, … learned Magistrate, therefore, held that the respondent, had discharged the burden of proof which was on him under Section 9 of the Foreigners Act. The learned Magistrate, also held that under Section 9 of the Citizenship Act, it
Tag this Judgment! AI Brief & AskState Vs. Ibrahim Nabiji
Mumbai
Dec-09-1958
Criminal
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
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 … 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
Tag this Judgment! AI Brief & AskState Vs. Ashfaq Ahmad
Allahabad
Jul-14-1960
Constitution
Foreigners Act, 1946 - Sections 2, 3(2), 9 and 14; British Nationality and Status of Aliens Act, 1914 - Sections 1(1); Foreigners Order, 1948
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 … 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
Tag this Judgment! AI Brief & AskState Vs. Sharifbhai Jamalbhai
Mumbai
Apr-23-1958
Constitution
Citizenship Act, 1955 - Sections 9(2), 18 and 18(2); Citizenship Rules, 1956 - Rules 3, 30, 30(1) and 30(2); Constituion of India - Articles 5, 6, 7, 19 and 19(1); Foreigners Order, 1948; Foreigner Act, 1946 - Sections 14
AIR1959Bom192; (1958)60BOMLR1186; 1959CriLJ577; ILR1958Bom1422
the accuses Sharifbhai Jamalbhai is being prosecuted for an infringement of the provisions of clause 7 of the Foreigners Order, 1948, which infringement is made punishable under Section 14 of the Foreigners Act, 1946. Sharifbhai was born in Baroda … acquired the citizenship of another country, the authority to determine such question shall, for the purposes of Section 9(2), be the Central Government. Then there is Sub-rule (2) which provides that the Central Government shall in determining
Tag this Judgment! AI Brief & AskAli Sher Vs. the State
Allahabad
Jun-26-1959
Criminal
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
AIR1960All431; 1960CriLJ875
order. But it will be found that the Central Government has passed a general order contained in the Foreigners Order, 1948. Para-7 of the Order lays down that a foreigner who enters India on the authority of a visa … has acquired the citizenship of another country, the authority to determine such question shall, for the purpose of Section 9(2) of the Citizenship Act, 1955, be the Central Government and the Central Govern-ment shall determine the question with
Tag this Judgment! AI Brief & AskState of Gujarat Vs. Yakub Ibrahim
Supreme Court of India
Dec-03-1973
Criminal
Constitution of India - Article 5; Indian Citizenship Act - Sections 9; Foreigners Act, 1946 - Sections 9 and 14;
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 … 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
Tag this Judgment! AI Brief & AskThe State Vs. Mahmadkhan Navrangkhan
Mumbai
Sep-23-1958
Criminal
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)
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 … some fraud or misrepresentation. The learned Government Pleader also pointed out that in view of the provisions of Section 9 of the Foreigners Act, 1946, the onus of showing that he was not a foreigner was entirely upon
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
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