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A.H. Magermans Vs. S.K. Ghose and ors.

Court : Kolkata

Reported in : AIR1966Cal552,70CWN82

..... there is sufficient indication in the preamble of the foreigners act, 1946, of the legislative policy underlying the enactment and the principles which are to control the executive authority in exercise of the powers conferred by the act. ..... the legislative policy with regard to the entry, stay and departure of foreigners from this country has been sufficiently indicated both in the preamble and in section 3 and section 3a of the foreigners act, 1946. ..... in that case a west german national challenged the vires of section 3(2)(c) of the foreigners act, 1946, on the ground that it offended article 14 of the constitution and the supreme court held that the said provision of the foreigners act was intra vires. ..... the object of the notification was to entrust to various state governments the functions of the central government under, inter alia, rule 3 of the registration of foreigners rules, 1939, and also the powers under clauses (c), (cc), (d) and (f) of subsection (2) of section 3 of the foreigners act, 1946, and under the foreigners order, 1948. ..... neither the foreigners act, 1946, nor the notification entrusting the state of west bengal with the powers to act under the said act, requires the state of west bengal to proceed judicially in making the order. .....

The State Vs. Ibrahim Adam

Court : Mumbai

Reported in : AIR1956Bom593; (1956)58BOMLR477; 1956CriLJ1063; ILR1956Bom635

..... in considering the scope of the passport rules, it would be relevant and useful to refer to the preamble of the foreigners act (act 31 of 1946). ..... this section tends to show that, in the case of a foreigner who has entered india on a valid passport but continues to stay in india beyond the period permitted by his visa, it would be open to the central government to take action under the appropriate rules framed under section 3 of the foreigners act, 1945. ..... it would be noticed that the object of pass-ing the foreigners act was, not only to deal with the entry of foreigners into india, but with their presence in and their departure from india. ..... therefore, if the object of the act was to regulate the entry of persons into india, 'prima facie' the question of requiring the foreigners to leave india at the end of the period prescribed in their visas does not appear to have been expressly dealt with by the provisions of the act or the rules framed thereunder. ..... unless words used in any of the sections of the act or in the rules framed thereunder clearly and unequivocally refer to the residence of foreigners in india, it would be difficult to hold that the act intended to deal with the question of foreigners' residence in india under the visas issued in their favour or their over-stay beyond the period prescribed by the visas. .....

Mohammad HussaIn Vs. the State

Court : Guwahati

..... in fact in the passport act itself the preamble shows that the act was intended merely to regulate entry in india and it has nothing to do with the case of unauthorised stay in india, in respect of which it appears that provisions have been made under the foreigners act (act. no. ..... it was there pointed out that the overstay in india of a foreigner after the period prescribed in his visa had expired did not amount to a contravention punishable under rule 6 (a) read with rule 3 of the indian passport rules 1950. ..... the point appears to have been settled by a number of decisions of the various high court in india and indeed on the language of rule 3 itself the point appears to be quite clear.if the intention was also to provide for penalising unauthorised stay in india, in spite of the period given in the passport or the visa having expired, then the rule would have definitely said so. ..... unless he is in possession of a valid passport conforming to the conditions prescribed in rule 5.these rules have been framed on the authority of section 3 of the indian passport act (act 34 of 1920). ..... reliance has been placed on behalf of the opposite party, the state of assam on certain casual observations made in a decision of the nagpur high court in karimun nisa v. ..... ibrahim adam : air1956bom593 has elaborately dealt with the scope and application of these rules and it seems unnecessary for us to repeat the observation' made therein with which we entirely agree. ..... 31 of 1946). .....

State of Arunachal Pradesh Vs. Khudiram Chakma

Court : Supreme Court of India

Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401

..... special provisions as to the citizenship of persons covered by the assam accord:(1) for the purposes of this section:(a) 'assam' means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985; (b) 'detected to be a foreigner' means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) order 1964 by a tribunal constituted under the said order; (c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985; '(d) a person shall be deemed to be of indian origin, if he, or either of his parents, or any of his grandparents ..... for any person, not being a native of the district comprised in the preamble of this regulation, to acquire any interest in land or the product of land beyond the said 'inner line' without the sanction of the state government or such officer as the state government shall appoint in this behalf.any interest so acquired may be dealt with as the state government or its said officer shall direct.the state government may also, by notification in the arunachal pradesh gazette extend the prohibition contained in this section to any class .....

Darshan Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1953SC83; 19(1953)CLT419(SC); 1953CriLJ525; (1953)IMLJ220(SC); [1953]4SCR319

..... in the first place, it is said, that the essential supplies act, as its preamble shows, was passed by the central legislature is exercise of the authority conferred upon it by the india (central government and legislature) act, 1946, (9 and 10 geo. 6, c ..... as the main object of the legislation was the continuance of control over the production, supply and distribution of commodities considered essential to the community and as these are provincial subjects, the central legislature in legislating on them must have to invoke the powers conferred upon it by the india (central government and legislature) act, 1946 (9 & 10 geo. 6, ..... for maintenance or increase of supply of essential commodities within a province and to secure their equitable distribution and availability at fair prices, it might certainly be necessary to restrict export of the goods outside the province, and pakistan being a foreign state abutting on the very borders of east punjab, it was quite natural for the east punjab governor to mention pakistan as one of the places to which export of goods from his province should not be allowed without a proper permit. ..... keeping this object in view and reading the words 'trade and commerce' in the light of the context, there appears to be no reason why these words should not be taken in their ordinary or natural sense and why restriction on the export of goods to any place outside a province, including a neighbouring foreign state should be deemed to be outside their scope and .....

The State of West Bengal and ors. Vs. Veejay International (India) and ...

Court : Supreme Court of India

Reported in : JT2007(3)SC578; 2007(3)SCALE439; (2007)3SCC465

..... if the state government has any difficulty in relation thereto, it may bring the same to the notice of the central government so that at the time of registration of such contract entered into by and between the exporter and the foreign country, the same may borne in mind by the appropriate authority so as to restrict number of registrations of contract by and between the exporters from india and the foreign countries.as noted above, an escape route was suggested as would be seen from the quoted portion of the high court's order.5 ..... filed a writ petition before the calcutta high court questioning the legality of the aforesaid clauses primarily on the ground that they were repugnant and inconsistent with the policy declared by the foreign trade act. ..... section 5 of the foreign trade act authorizes the central government to formulate and announce, by notification in the official gazette, the export and import policy as also to amend the same in like ..... act xxiv of 1946 was an emergency measure and as stated in its preamble, was intended to provide for the continuance during a limited period of powers to control the production, supply and distribution of, and trade and commerce in, certain commodities ..... if the clauses 9 and 10 of the control order and section 5 of the policy of the foreign trade act are harmonized, that rules out any ..... dated 8th june, 1978 was contrary to the policy declared under the foreign trade development and regulation act, 1992 (in short 'foreign trade act'). .....

A.H. Magermans Vs. S.K. Ghosh

Court : Kolkata

Reported in : AIR1963Cal369,1963CriLJ9,67CWN206

..... , orissa, punjab, rajasthan, uttar pradesh and west bengal the functions of the central government (i) under section 5 of the indian passport act, 1920 (34 of 1920): (ii) under rules 2 and 4 of the indian passport rules 1950; (iii) under rule 3 of the registration of foreigners rules, 1939; (iv) in making orders of the nature specified in clauses (c), (cc), (d) and (f) of sub-section (2) of section 3 of the foreigners act, 1946 (31 of 1946) and (v) under the foreigners order, 1948, subject to the following conditions, namely:- (a) that in the exercise of such functions the said state government shall comply with such general or special ..... apart from the guidance given in the preamble to the act and in the section itself, no larger guidance is possible to be given and no set pattern is feasible to be set up because of the nature of the problem concerning foreigners. ..... the preamble, however, resolves the uncertainty and limits the power 'in respect of the entry of foreigners in india, their presence therein and their departure therefrom. .....

The Director, Enforcement Directorate Cabinet Secretariat Deptt. Perso ...

Court : Kolkata

Reported in : AIR1978Cal65,[1978]48CompCas649(Cal),82CWN61

..... we have considered the preamble to the act, namely, the fera of 1947 which, as the supreme court says, provides the key to the general purpose of the act. ..... , 1964, the president gave his assent to the amendment act lv of 1964 for removing certain difficulties which were experienced in the working of the 1947 act; but the main purpose remained the same, namely, conservation of foreign exchange and directing foreign exchange to the best uses in national interest. 34. ..... in the instant case, it seems to us, on application of the principles discussed above, that the imposition of the impugned condition has no rational or proximate nexus with the object of the enactment which is conservation of our foreign exchange, prevention of frittering away of our foreign exchange and the protection of our foreign trade interest in the matter of earning foreign ex-change. 44. mr. ..... in the light of the experience gained during the last several years, the directorate of enforcement and the reserve bank of india have suggested and government agreed on the need for regulating, among other matters, the entry of foreign capital in the form of branches and concerns with substantial non-resident interest in them, the employment of foreigners in india, etc. ..... , 1946 but have been retained in force for another six months under the emergency provisions (continuance) ordinance, 1946. ..... , 1946. .....

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

..... immediately before the commencement of the citizenship (amendment) act, 1985;(b) 'detected to be a foreigner' means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) orders, 1964 by a tribunal constituted under the said order;(c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985;(d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in undivided india;(e) a person shall be deemed to have been detected to be a foreigner on the date on which a tribunal constituted under the foreigners (tribunals ..... 'the preamble of the act which finally came into force on 25th december, 1983 reads as under :-'an act to provide for the establishment of tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant to enable the central government to expel illegal migrants from india and for matters connected therewith or incidental thereto. ..... ' the preamble of the act says that 'the continuance of such foreigners in india is detrimental to the interests of the public of india. ..... 'the preamble to the aforesaid act says: -'an act to provide for the expulsion of certain immigrants from assam. ..... in this process the preamble to the act and its material provisions can and must be considered. .....

Khudiram Chakma Vs. Union Territory of Arunachal Pradesh and ors.

Court : Guwahati

..... in exercise of power conferred by section 3 of foreigners act, 1946 and in supersession of the foreigners order, 1939, the central government by notification dated 10-2-1948 made and issued 'foreigners order, 1948'. ..... under section 7, it shall not be lawful for any person, not being a native of the district named in the preamble of this regulation, to acquire any interest in land or the product of land beyond the said 'inner line' without the sanction of the state government or such officer as the state government shall appoint in this behalf. ..... the preamble of the said regulation 5 of 1873 states that this regulation was made applicable to the districts of kamrup, darrang, nowgong, sibsagar, lakhimpur (garo hills) khasi and jaintia hills, naga hill, cachar. ..... under clause 7 of the said regulation, it shall not be lawful for any person, not being a native of the district comprised in the preamble of this regulation, to acquire any interest in land or the product of land beyond the said 'inner line' without the sanction of the, state government, or such, officer, as the state government shall appoint in this behalf: any interest so acquired may be dealt with as the state government or its said officer shall direct. ..... we have no doubt that the constitution does not envisage or permit unfairness or unreasonableness in state actions in any sphere of its activity contrary to the professed ideals in the preamble. .....