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Judgment Search Results Home > Cases Phrase: emigration act 1983 section 2 definitions Page 12 of about 31,722 results (0.133 seconds)

1856

Scott Vs. Sandford

Court : US Supreme Court

..... . 744, and until the erection of the territorial government, the persons at that post were governed by the rules and articles of war, and such laws of the united states, including the eighth section of the act of march 6, 1820, prohibiting slavery, as were applicable to their condition; but after the erection of the territory, and the extension of the laws of the united states and the laws of michigan over ..... and further, that the laws of a country do not rightfully operate upon and fix the status of persons who are within its limits in itinere, or who are abiding there for definite temporary purposes, as for health, curiosity, or occasional business; that these laws, known to writers on public and private international law as personal statutes, operate only on the inhabitants ..... . and when we find the states guarding themselves from the indiscreet or improper admission by other states of emigrants from other countries by giving the power exclusively to congress, we cannot fail to see that they could never have left with the states a much ..... regarded and treated as foreign governments as much so as if an ocean had separated the red man from the white, and their freedom has constantly been acknowledged, from the time of the first emigration to the english colonies to the present day, by the different governments which succeeded each other ..... . her citizens could have been refused the right to emigrate to the mississippi or alabama territory unless they left their most valuable and .....

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1830

Spratt Vs. Spratt

Court : US Supreme Court

..... , a native of ireland, aged about twenty-six years, bearing allegiance to the king of great britain and ireland, who emigrated from ireland and arrived in the united states on 1 june, 1812, and intends to reside within the jurisdiction and under the government of the united states, makes report of himself for naturalization according to the acts of congress in that case made and provided 14 april, anno domini 1817, in the clerk's office of the circuit ..... ) 393 on a case stated in the circuit court for the county of washington in the district of columbia syllabus the second section of the act of congress "to establish an uniform system of naturalization," passed in 1802, requires that every person desirous of being naturalized shall make report of himself to the clerk of the district court of the district where he shall arrive, or some other ..... in the year 1791, the state of maryland passed an act entitled "an act concerning the territory of columbia and the city of washington," the sixth section of which provides "that any foreigner may, by deed or will, to be hereafter made, take and hold lands within that part of the said territory which lies within this state in the same manner as if he was a citizen of ..... " as james spratt arrived within the united states after the passage of the act of 1802, he is embraced by the second section of that act, and was under the necessity of reporting himself to the clerk, as that section requires. .....

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Nov 09 1908 (FN)

Twining Vs. State

Court : US Supreme Court

..... were entitled to "enjoy the rights and privileges of british-born subjects and the benefit of the common laws of england," 1 story, 163, and that (to use the words of the continental congress of 1774), "by emigration to the colonies, the people by no means forfeited, surrendered or lost any of those rights, but that they were then, and their descendants are now, entitled to the exercise and enjoyment of them as their local ..... does not follow, however, that a procedure settled in english law at the time of the emigration, and brought to this country and practiced by our ancestors, is an essential element of due process ..... process of law may be ascertained by an examination of those settled usages and modes of proceedings existing in the common and statute law of england before the emigration of our ancestors, and shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country. ..... this court has always declined to give a comprehensive definition of it, and has preferred that its full meaning should be gradually ascertained by the process of inclusion and exclusion in the course of the decisions of cases ..... the cases proceed upon the theory that, given a court of justice which has jurisdiction and acts not arbitrarily, but in conformity with a general law, upon evidence, and after inquiry made with notice to the parties affected and opportunity to be heard, then all the requirements of due process, so far as it .....

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Jan 21 1981 (FN)

Fedorenko Vs. United States

Court : US Supreme Court

..... any person "who shall willfully make a misrepresentation for the purpose of gaining admission into the united states as an eligible displaced person shall thereafter not be admissible into the united states," and the applicable definition of "displaced persons" specifically excluded individuals who had "assisted the enemy in persecuting civil[ians]" or had "voluntarily assisted the enemy forces" in their operations. ..... 490 certiorari to the united states court of appeals for the fifth circuit syllabus the displaced persons act of 1948 (dpa) enabled european refugees driven from their homelands by world war ii to emigrate to the united states without regard to traditional immigration quotas. ..... 17 of the government's brief in the court of appeals states: "the district court held that, in section 2(a), 'persons who can be shown to have assisted the enemy' should be construed to read 'persons who can be shown to have voluntarily assisted the enemy. ..... " the district court recognized that the section dealing with assisting enemy forces contained the word "voluntarily," while the section dealing with persecuting enemy populations did not. ..... [ footnote 3/11 ] [ footnote 3/1 ] section 340(a) of the immigration and nationality act of 1952, 8 u.s.c. ..... section 340(a) of the immigration and nationality act of 1952, 66 stat. ..... " [ footnote 4 ] section 10 of the dpa, 62 stat. ..... i section 2(a) of the dpa was "adopted" from the constitution of the international refugee organization ( see ante at 449 u. s. .....

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Aug 11 2011 (HC)

Niyas Vs. the State of Kerala, Represented by the Public Prosecutor an ...

Court : Kerala

..... emigration wing detected his forget travel document and, subsequently, he was arrested and the crime was registered for the offences punishable under sections 420, 468 and 471 of the indian penal code read with 12(1)(b) of the passport act, for short, the act ..... forget visa, but also the passport of the petitioner had close nexus with the offences imputed against him, and in such a case, whether he is liable to be prosecuted for the offences under section 12(1) (b) of the act is something which can be decided only after having the investigation of the crime. 4. ..... was registered against the petitioner on the allegation that on 22.5.2011, he went over to the emigration department at karippur international airport to proceed to dubai, producing a forget tourist visa. ..... context, it is to be noted that clause (7) of section 10 of the aforesaid act empowers the court on conviction of a person for any offence under the act or the rules thereunder, to revoke his passport or travel ..... it is also appropriate to take note of the imputation leveled against the petitioner for registering the crime, producing of a forged visa before the emigration department in an international airport, for traveling to a foreign country. ..... pass an order for impounding the passport, and neither the police nor the court has authority to do so when such statutory power is conferred on the passport authority under the provisions of the act, subject to the procedure to be followed for the purpose of impounding the passport. .....

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Nov 03 1884 (FN)

Elk Vs. Wilkins

Court : US Supreme Court

..... indiana tribes (an alien though dependent power), although in a geographical sense born in the united states, are no more "born in the united states and subject to the jurisdiction thereof," within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the united states of ambassadors or other public ministers of foreign nations. ..... 249, declaring the right of expatriation to be a natural and inherent right of all people, and reciting that "in the recognition of this principle this government has freely received emigrants from all nations, and invested them with the rights of citizenship," while it affirms the right of every man to expatriate himself from one country, contains nothing to enable him to become a citizen of another without ..... it is also worthy of remark that the language used about the same time by the very congress which framed the fourteenth amendment, in the first section of the civil rights act of april 9, 1866, declaring who shall be citizens of the united states, is "all persons born in the united states, and not subject to any foreign power, excluding indians not ..... judge cooley, referring to the definition of national citizenship as contained in the fourteenth amendment, says: "by the express terms of the amendment, persons of foreign birth, who have never renounced the allegiance to which they were born, though they may have a .....

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Dec 01 1913 (FN)

Little Vs. Williams

Court : US Supreme Court

..... "the townships including walker's lake, as meandered on the map" were listed by the secretary of the interior as swamp lands, and patented to the state under the swamp-land act, and one of the controverted questions in the supreme court was whether this stipulation, rightly interpreted, meant that the listing and patenting embraced all the lands which would have been within the ..... selected, listed, or patented as swamp or overflowed land under the swamp-land act, the title thereto remained in the united states unless it had passed to the state as a riparian owner in virtue of the patents for the adjoining fractional sections; (b) that, if the title had so passed to the state, it in like manner had passed thence with those sections to the defendants' grantors prior to the grant of 1893 to the levee ..... never so identified, and, so far as appears, its identification was never even requested by the state, it follows that, even if, at the date of the act, the land was in fact swamp or overflowed, the state never acquired more than an inchoate title to it -- a claim which was imperfect both at law ..... state legislature in 1897 and by congress in 1898, the state, subject to certain exceptions not here material, accepted the lands theretofore patented, approved, or confirmed to it under the swamp-land act as the full measure of lands due to it thereunder, and relinquished to the united states all other claims or demands, adjusted or unadjusted, growing out of that ..... emigrant ..... emigrant ..... emigrant .....

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Apr 12 1926 (FN)

Cherokee Nation Vs. United States

Court : US Supreme Court

..... states; numbered twenty-three thousand two hundred and fourteen, the eastern cherokees versus the united states, and numbered twenty-three thousand two hundred and twelve, the eastern and emigrant cherokees versus the united states, aggregating a principal sum of one million one hundred and thirty-four thousand two hundred and forty-eight dollars and twenty-three cents, as ..... eighteen hundred and ninety-one, ratified by the united states march third, eighteen hundred and ninety-three (twenty-seventh statutes at large, page six hundred and forty, section ten), in any manner affecting or relating to the question of interest on said funds, as the same shall be brought to the attention of the court by the cherokee nation under this ..... any band thereof, arising under treaty stipulations, may have against the united states, upon which suit shall be instituted within two years after the approval of this act, and also to examine, consider, and adjudicate any claim which the united states may have against said tribe, or any band thereof. . . . ..... cherokees and the eastern and emigrant cherokees each brought suit under the act of july 1, 1902, as amended by the act of march 3, 1903, ..... 101), determining the claims of the cherokee nation against the united states, was waived insofar as concerns interest, by the act of march 3, 1919, directing a reexamination of that question and specially conferring jurisdiction on the court of claims, with a right ..... the provision in this section as to item 1 seems .....

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Jul 05 1951 (HC)

The State of Mysore Vs. Abdul Salam

Court : Karnataka

Reported in : AIR1951Kant116; AIR1951Mys116; ILR1951KAR419

..... virtue of the said instrument of accession but subject always to the terms thereof exercise in relation to the state of mysore such functions as may be vested in them by or under the government of india act of 1935; and he further accepted the matters specified in the schedule to that instrument as matters with respect to which the dominion legislature may make laws for the mysore state. ..... respondent one abdul salam who was charged before him for an offence under section 5, influx from pakistan (control) act, 1949 read with rules 19 and 26 of the permit system rules, 1949 ..... external affairs' of the schedule to the instrument clearly includes 'admission into, and emigration and expulsion from india, including in relation thereto the regulation of the movements in india of persons who are not british subjects domiciled in india ..... the learned magistrate has in his judgment referred to articles 245 and 246(1) of the constitution of india and doubts whether all acts passed by the dominion parliament will have the force of law in the states acceding to the dominion unless it is expressly provided in the concernedact that it should do so and the date on which ..... the accused must therefore be held to be guilty of an offence under section 5 (1) of act xxiii [23] of 1949 in that he has committed breach of the conditions of his permit by over-staying in india after the expiry of its period and by ..... 'admission into, and emigration and expulsion from, india; passports and visas' comes under item .....

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Nov 08 2016 (HC)

Harbhajan Kaur vs.union of India

Court : Delhi

..... garia, learned counsel for the appellant submitted that the government of india is under an obligation to protect and ensure aid, advise and help to the emigrants under the emigration act, 1983. .....

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