Judgment Search Results Home > Cases Phrase: emigration act 1983 section 8 emigration officers to be public servants Court: andhra pradesh Page 1 of about 1 results (0.092 seconds)

B.T. Deva Varma Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2002(2)ALD(Cri)371; 2002(2)ALT(Cri)500; 2003CriLJ776

..... had the investigating officer was careful enough to look into the provisions before filing the charge-sheet, the grave mistake would not have occurred, i hope and trust that the investigating agency will give necessary instructions to all the investigating officers to follow scrupulously section 27 of emigration act, 1983 and obtain sanction before registering a complaint suo motu or on the instructions of superiors in the absence of complaint from emigrant or intending emigrant or his relatives etc.5. ..... adverting to the said contentions, section 24 of the emigration act, 1983 reads as follows :24. ..... 458 of 2000 for the offence under section 24(1)(2) and clause (g) of emigration act of 1983.3. ..... the learned public prosecutor contends that it is not a fit case to exercise inherent powers of this court under section 482, cr. p.c. ..... a brief resume of background of facts is necessary.it is alleged that a paper publication is said to have been made by the petitioner herein in eenadu daily telugu newspaper (nellore edition) at page no. ..... ' the said publication was made on behalf of a1-pasha international, hyderabad. .....

Mohd. Maqbool Ahmed @ Mateen and anr. Vs. the Deputy Commissioner of P ...

Court : Andhra Pradesh

Reported in : 1996(3)ALT215

..... 170/95 of the saidabad police station, hyderabad registered under sections 465, 471 and 420 of the indian penal code, sections 3 and 4 of the passports act and section 25 of the emigration act. ..... judge expressed the view:'when corporeal tangible property is seized by taking physical possession and producing it in court, the seizure is intended to have the effect of preventing the person from whom it is seized from exercising any acts of ownership or possession over that property......the only way, in which such an effect can be brought about, regarding bank balance is to issue a prohibitory order, restraining the customer from operating his account in the bank, either ..... on the question as to the failure on the part of the police officer to report the seizure to the jurisdictional magistrate as required by sub-section (3) of section 102 cr.p.c, the learned judge held:'not every flaw in investigation, would invalidate proceedings. ..... in the case decided by the madras high court - bharat overseas bank (5 supra), the accused person was an officer in the bharat overseas bank and the accusation against him was that he fraudulently collected large sums of money from the branches of the bank through accounts opened in the names of fictitious persons by forging credit ..... minu publications (1988 (2) crimes 156) on the other as to the power of the police to freeze bank accounts under section 102 cr.p.c. .....

Martinez Montsant Joan Vs. Union of India (Uoi), Ministry of External ...

Court : Andhra Pradesh

Reported in : 2009(5)ALT120

..... abroad is covered under article 21 of the constitution of india, as per ex.p-1 the petitioner was contemplating to leave india, if that be the case, then not allowing him to leave india by not granting emigration clearance, ipso facto proves that his fundamental right guaranteed under article 21 of the constitution of india is brazenly violated and the charges emanating on that count are clearly unconstitutional and as such liable to be quashed and ..... months of leaving it; or(d) in any case to which the first proviso to sub-rule (3) of rule 6 applies, if either he or the indian citizen whose address is deemed to be his registered address applies to the registration officer to be absolved from or fails at any time to discharge the obligations laid down upon them by sub-rule (4) of that rule:provided that clause (c) of this rule shall not apply in any case in which in accordance ..... on the other hand, learned public prosecutor relying on the provisions of the section 14 of the foreigners act, 1946 contended that the petitioner without intimating to the fro, anantapur has overstayed in puttaparthy and tried leave the country without valid immigration clearance and therefore ..... sub-rule shall be deemed to have been fulfilled if, prior to his arrival in a district other than that in which his registered address is situated, the foreigner furnishes to the registration officer of the said district information of the dates of his proposed arrived in and departure from the said district.7. .....

State Vs. Hyder Ali

Court : Andhra Pradesh

Reported in : 1955CriLJ798

..... it is expedient to control the admission into, and regulate the movement, in india of person from pakistan.sub-section (2) of section 1 extended the operation of the-act to the whole of india, in section 2(b), 'officer of government' was denned as any officer of the central government or of a state government or of the government of an acceding state. ..... creche in accordance with plan in conformity with these rules and previously approved by the competent authorityand rule 3 (b) laid down thatsuch creche shall be constructed within nine months of the date of publication of these rules provided that where land has to be acquired for the purpose, the competent authority may extend the time limit to a period not exceeding twelve months from the said date.under ..... external affairs' of the schedule to the instrument clearly includesadmission 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, of persons who are not british subjects domiciled ..... , the state government, as is admitted by the prosecution, issued a circular enjoining their servants to call back certain specified relatives who might have gone to pakistan. ..... fact that he was carrying on business in pakistan for nearly 2| years, his case cannot be covered by the circular issued by the hyderabad government, which directed the government servant's wife or husband and children dependent on him should be recalled. .....

Kanyalal Motilal Karva Vs. Controller of Estate Duty, Hyderabad

Court : Andhra Pradesh

Reported in : AIR1961AP333; [1961]41ITR1(AP)

..... the following question is referred by the central board of revenue under sub-section (1) of section 64 of the estate duty act 1953 (act xxxiv of 1953) for the opinion of this court: 'whether on the facts and circumstances of the case, the deceased's share in the joint family property has been correctly taken as one half under section 39 of the act.' 2. ..... while agreeing to substitute the valuation as suggested by the proper officer, he objected to the valuation of the cesser of interest which the deceased had in the coparcenary property. ..... thereupon, the person accountable requested the central board of revenue to make a reference under section 64 for the opinion of this court on various issues. ..... further, the emigrated family would be governed by the family law as it was when they left and not as it existed at the time the rights of the parties fall to be determined. 9. ..... the appeal preferred by the assessee to the central board of revenue under section 63 of the act was dismissed. ..... for these reasons the concerned officer thought that though the ancient texts allowed a share to the mother on partition, the practice had fallen into disuse for the past several centuries and, as such, it was necessary to presume that the principle ..... in these circumstances, our answer is that the deceased's share in the joint family property has to be taken as 1/3 under section 39 of the act. .....

Norman Swaroop Issac Vs. State Bank of India and anr.

Court : Andhra Pradesh

Reported in : AIR2007AP40; 2006(6)ALD689

..... any officer of customs empowered by a general or special order of the central government in this behalf and any officer of police or emigration officer not below the rank of a sub-inspector may search any place and seize and passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section ..... the learned counsel contended that the additional superintendent of police, cbi, who is an officer of police above the rank of sub-inspector is competent to search and seize any passport under section 14 of the passports act, 1967 and since admittedly the investigation by cbi is in progress the respondent are bound to handover the passport to the cbi ..... turpitude and sentenced to imprisonment or where the proceedings in respect of an offence alleged to have been committed by the holder of the passport are pending before a criminal court in india, under section 10(1) of the passports act, 1967, the passport authority is competent to direct the holder of the passport to deliver the passport or travel document and the holder of the passport is bound to comply with such direction. ..... in case the respondent bank or the cbi is of the opinion that the petitioner should not be allowed to leave the country in the public interest or for any other justifiable ground, they ought to have taken appropriate steps as expressed above, but withholding of the petitioner's passport either by the respondents or cbi, either on the ground .....

AzizuddIn Ansari Vs. State of Hyderabad and anr.

Court : Andhra Pradesh

Reported in : 1954CriLJ528

..... what the learned judges held was that a woman born in india and married to a citizen of india, taking up temporary residence in pakistan for medical treatment, would neither fall under the definition of an evacuee contained in clause (c) of section 2 of the bihar administration of evacuee property ordinance of 1949, nor under clause 2 as the word 'resident' must be construed as, meaning a person who has taken up his residence in pakistan permanently. ..... 'without prejudice to the provisions contained in section 5, the central government may, by general or special order, direct the removal from india of any person who has committed or against whom a reasonable suspicion exists that he has committed an offence under this act and thereupon any officer of government shall have all reasonable powers necessary to enforce such directions. ..... para 17 is to the following effect: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 or subjects of any acceding state; pilgrimages to places beyond india.item no. ..... the nagpur high court in a case, exactly on all fours with this case, held that the influx from pakistan (control) act was valid law and that the restriction imposed on the freedom of movement was in the interests of the general public, consequent and necessary on the partition of india, vide - mohd. .....

Meesala Muralidhar Vs. Government of A.P.

Court : Andhra Pradesh

Reported in : 2005(3)ALD572

..... (black's law dict)'in west's legal dictionary it is stated with reference to 'displaced person' as hereunder:'see emigrant, immigrant, exile, tramp(1).in black's law dictionary, it is stated with reference to as:'person left homeless in his own country because of war or for other reason'.however in the present context irrespective of the memos, the meaning ..... expression 'displaced' is not defined, the word 'person' is defined under section 3(42) of the act which may not be very relevant in the present context. ..... it is no doubt true that a sound principle of construction to interpret the expressions used in one act with reference to yet another act and in a different context altogether especially when they are not in pari materia may be impermissible [see: nippon ..... both central and the state governments have been adopting this mode of consideration of cases in the case of public employment under the category of displaced persons quota which is akin to the reservation quotas affecting the right of equal opportunity to public employment which has been enshrined by our constitution.2. ..... pisplaced person (debts adjustment) act 1951, (70 of 1951) section 2(10)].it is not correct to say that the phrase 'displaced person' refers only to natural persons and not to artificial persons, like ..... mehta, income tax officer, : [1963]48itr154(sc) , state of ..... section 3 of the general clauses act 1897 ..... have to be released by the regular candidates allotted by the andhra pradesh public service commission. .....

The Oriental Insurance Company Ltd., Rep. by Its Manager Vs. Kothakatt ...

Court : Andhra Pradesh

Reported in : 1997(1)ALT417

..... sightseer, voyager, globetrotter, pilgrim, passenger, commuter, adventurer, climber, mountaineer; explorer, forty-niner, pioneer, pathfinder, voortrekker, trailbreaker, camper, astronaut;wanderer, rover, roamer, itinerant, drifter, floater, vagabond, vagrant, migrant, immigrant, emigrant, evacuee, pedestrian, walker, hiker, night walker, ride, equestrian, horseman, driver, coachman, cabdriver, carter, teamster, driver, motorist, chauffeur, taxi-driver, bicyclist, motorman, railroader, trainman.chambers essential dictionary defines 'passenger' as follows:-'a ..... of a very old origin, the meaning of the expression was understood in various ways having due regard to the realities of life and the following bring out the same:-'passenger- one who has taken a place in a public conveyance by virtue of a contract, for the purpose of being transported from one place to another, on the payment of fare or its equivalent.the purchase of a ticket and the entry by a person on the premises or ..... catena of the pronouncements upto santibai's case has declared the law that the limit of liability has to be determined on the terms of the insurance policy and the statutory limit of liability under section 95(2) of the act, the limit of which is maximum, and particularly when the premium is paid for each passenger as above, the maximum limit of liability cannot exceed rs. ..... edition 1914 which was first published and placed in the clerk's office of the district court of the united states in the year 1839 .....

P.Shibu Kumar, S/O. Prabhakaran Vs. Group Centre, Chennai and Another.

Court : Andhra Pradesh

..... fact, learned counsel for the writ petitioner has also drawn my attention to the various instructions contained in chapter no.73 of muthuswamy and brinda's complete manual on matters relating to establishment and administration for central government officers (11th edition- 2008) wherein under the title "passports and emigration", it is thus:noc is not must for passport - an intimation to the employer is enough. ..... on the basis of committee's recommendation, it has been decided that henceforth, if central/state government officials and employees of statutory bodies and public undertakings apply for the passports, passports would be issued on prior verification basis, if only such declaration is submitted. ..... it is enough if such government servants merely intimate the controlling officer of his intention to apply for grant of ..... above decision of the ministry of external affairs, it becomes all the more clear that, there is no legal requirement for an applicant of a passport, even if he were to be a government servant to secure or append to the application for grant of passport, the noc from the controlling officers of such servants. ..... section 17 of the act categorically recognizes that the passport issued under the said act shall at all times remain the property of the central ..... it is, therefore, manifestly clear that if a government servant or a member of the armed forces of the union solicits the grant of a passport, he does not in fact require to submit any such noc along with the .....