Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
..... he argued that section 3(1) of the foreigners act, 1946, conferred upon the central government the power to make orders regarding foreigners or any class of them for prohibiting, regulating or restricting their entry into india, or their presence in or departure from india. ..... the power under section 3 of the foreigners act, 1946, is a 'power to make orders'. ..... further, it was argued, that section 3 of the said act and the sub-sections and clauses thereunder conferred upon the central government the power to make orders regarding all foreigners or regarding any particular foreigner or a class of foreigners, there was, therefore, no lack of guidance in the statute in the matter of exercise of the power conferred by it. ..... the foreigners order, 1948, on the other hand was promulgated by the central government in exercise or its powers under section 3 of the foreigners act, 1946, for the purposes of prohibiting, regulating or restricting the entry of foreigners into india or their departure therefrom or their presence or continued presence in india. ..... 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. .....
Tag this Judgment!Court : Guwahati
Reported in : 1961CriLJ291
..... section 3 of the foreigners act, 1946 showed that the power to make orders under the act prohibiting, regulating or restricting the entry of foreigners into india or their departure therefrom or their presence or continued presence ..... government, be expedient or necessary for giving effect to the act.sub-section (3) provided that any authority prescribed in that behalf may with respect to any particular foreigner make, orders under clause (e) or clause (f) of sub-section (2). ..... notice dated 19-9-1958 in which the petitioner was stated to be a pakistani national and a foreigner as defined in the foreigners act, 1946 and he was directed to leave india within a period of one month from the date ..... sections dealt with above that the district magistrate of tripura had no power under the said sections, unless there was a delegation of anthority under section 3(3) and section 12 to deport a foreigner or to issue a notice to such person under the foreigners act ..... was that the district magistrate of tripura had no authority under the foreigners act, 1946 to serve a notice of deportation on. ..... was a citizen of india, but they admitted that there was some irregularity in the notice served upon the petitioner under the foreigners act and, they requested that the writ petition may be allowed exclusively on, the finding that the notice was not regular.4. ..... section 12 of the act gave the power to delegate authority to make or give any direction, consent or permission or to do any other act under the act .....
Tag this Judgment!Court : Guwahati
Reported in : 1961CriLJ291
..... section 3 of the foreigners act, 1946 showed that the power to make orders under the act prohibiting, regulating or restricting the entry of foreigners into india or their departure therefrom or their presence or continued presence ..... government, be expedient or necessary for giving effect to the act.sub-section (3) provided that any authority prescribed in that behalf may with respect to any particular foreigner make, orders under clause (e) or clause (f) of sub-section (2). ..... notice dated 19-9-1958 in which the petitioner was stated to be a pakistani national and a foreigner as defined in the foreigners act, 1946 and he was directed to leave india within a period of one month from the date ..... sections dealt with above that the district magistrate of tripura had no power under the said sections, unless there was a delegation of anthority under section 3(3) and section 12 to deport a foreigner or to issue a notice to such person under the foreigners act ..... was that the district magistrate of tripura had no authority under the foreigners act, 1946 to serve a notice of deportation on. ..... was a citizen of india, but they admitted that there was some irregularity in the notice served upon the petitioner under the foreigners act and, they requested that the writ petition may be allowed exclusively on, the finding that the notice was not regular.4. ..... section 12 of the act gave the power to delegate authority to make or give any direction, consent or permission or to do any other act under the act .....
Tag this Judgment!Court : Delhi
..... prior thereto also, an order dated 05.05.1998 under section 3(2) of the foreigners act, 1946 restraining the petitioner from remaining in india and directing him to depart from india latest by 15.05.1998 was issued. ..... on 13.01.1952; his father came from pathtoonistan and his mother died when he was just nine months old; that he made an application with the authorities at kamrup, assam for grant of indian citizenship; that the order of deportation was bad since he was lawfully staying in india and since he was not having citizenship or nationality in any other country and was born, brought up, nurtured and had grown up in india. 6. ..... superintendent, presidency jail, calcutta and others air 1955 sc 367, the supreme court held that the power of the government in india to expel foreigners is absolute and unlimited and there is no provision in the constitution fettering this discretion." 10. ..... writ petition no.1107/1998 was dismissed because the petitioner had then been unable to prove his birth in india; that since now the petitioner has been able to establish his birth in india making him an indian citizen by birth, the petitioner is entitled to the declaration aforesaid. 15. ..... it is for the petitioner to make out and prepare a case and no hearing would attain finality if the counsels are permitted adjournments as sought. ..... learned counsel for the petitioner submitted that the petitioner was misguided in making the application. .....
Tag this Judgment!Court : Delhi
..... ) no.397/1998 challenging an order dated 05.05.1998 issued under section 3(2) of foreigners act 1946 directing appellant to depart from india latest ..... no.19315/2011 in lpa no.868/2011cm no.19317/2011 in lpa no.869/2011since pending final hearing of the appeal stay of the impugned order has been prayed for, the applications are dismissed as infructuous as the appeals have been dismissed in limine. ..... thereto births and deaths were required to be registered in the state of assam under the births, deaths and marriages registration act 1886 and we highlight that whether appellant was born in the year 1950 or the year 1952 state of nagaland did not ..... single judge has highlighted, and we concur, that the registration obtained pertains to an entry under the registration of births and deaths act 1969 which act, as opined by the division bench of the kerala high court in the judgment reported as 1987 (2) klt 1028 usman vs ..... the petitioner went underground and was detected in the year 2006 when vide order dated 13.4.2006 he was directed to leave india and a simultaneous request was made to the islamic state of afghanistan to issue necessary travel documents to the appellant and his indian passport ..... petition sought a declaration that the appellant be declared a citizen of india by birth and order dated 13.04.2006 deporting appellant from india to afghanistan be quashed.3. ..... the second writ petition challenged the order impounding the indian passport issued in the name of the appellant treating him as .....
Tag this Judgment!Court : Karnataka
..... framed the foreigners order, 1948, is a subordinate legislation, framed exercising powers under section 3 of the foreigners act, 1946. ..... not below the rank of a sub-inspector, and any officer of the customs department empowered by a general or special order of the ..... any particular foreigner make orders under clause (e) or clause (f) of sub-section (2). 3a. ..... power to make orders ..... authority referred to in sub clause (2) of schedule to the citizenship (registration of citizens and issue of national identity cards), rules 2003, makes it abundantly clear that the tribunals constituted under the foreigners (tribunals) order, 1964, the tribunal has got absolute power for the purpose of deciding the nationality of a person which calls for consideration before such tribunal. ..... (1) under the passport (entry into india) act 1920 , section 2 defines the word entry means entry by water, land or air; section 3 of the act power to make rules says that the central government may make acts and rules to prohibit the entry into india or any part thereof any person who has not in his possession a passport issued to him; section 4 of the act power of arrest also provides that (1) any officer of police, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1996Mad322
..... under section 3 of the act, 1946, the central government has power to pass an order either granting or refusing permission to stay in india to a foreigner. ..... it is submitted that as per section 3 of the act, 1946, the central government is the authority to make provision for prohibiting, regulating or restricting the entries of the foreigners into india or their departure therefrom, or their presence or continued presence therein. ..... powers to make orders. ..... -- (1) the central government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class of description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into india, or their departure therefrom or their presence or continued presence therein. ..... union of india, 1991 mlw (cri) 393, dealing with a plea of violations of theprinciples of natural justice and violation ofhuman rights vis-a-vis order of deportationpassed against a foreigner, referring to somedecisions including the case of 'hans mullerof nurenburg' : 1955crilj876 of thesupreme court aforementioned, has negatived the contention that the order of deportation passed without affording an opportunity to the person to make his say was inviolation of the principles of natural justice.the two judgments viz. (i) 'p. .....
Tag this Judgment!Court : Delhi
..... the supreme court in hasan ali raihany (supra) and by a division bench of this court in mohammad sediq (supra) ; (h) if, as contended by the ministry in affidavit dated 10.04.2019, it derives the power to regulate the entry, stay and exit of a foreign national from india inter-alia from section 3 of the foreigners act 1946, then a fortiori such power can never be untrammelled or unregulated since law abhors absolutism and arbitrariness; (i) what is under consideration here is not nausheen s right to stay in the country so much as ..... (3)any authority prescribed in this behalf may with respect to any particular foreigner make orders under clause (c) or clause (f) of sub-section (2). 18. ..... power to make orders - (1) the central government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into india or, their departure there from or their presence or continued presence therein. ..... those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights, the court said: (scc pp .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom525; (1959)61BOMLR803; 1959CriLJ1416; ILR1959Bom1323
..... we have already observed, the superintendent of police has issued the notice requiring the respondent to leave india, whereas under section 3 of the foreigners act the power to make an order either against an individual or against a class generally is conferred upon the central government. ..... 949/46/68/409a, whereby power has been conferred under section 3, sub-section (2) clause (c) of the foreigners act, 1946 in respect of foreigners and enemy foreigners upon the state government including the government of ..... notice served upon the respondent in terms expressly refers to the status of the respondent as a foreigner by virtue of the provisions of section 2(a) of the foreigners act, 1946 as amended by the foreigners' laws (amendment) act, 1957. ..... section 2, clause (a) of the foreigners act, 1946 has been amended by act 11 of 1957, and a foreigner is defined as a person who is not a citizen of ..... magistrate observed that the respondent by 'physically migrating to pakistan', did not lose his indian citizenship and the respondent was, therefore, not a foreigner and had not infringed the provisions of section 14 of the foreigners act 1946. ..... superintendent of police, kaira, served a notice upon the respondent ibrahim nabiji dated 20th august 1957 that the respondent who was a foreigner as defined under section 2(a) of the foreigners' act, 1946, as amended by the foreigners laws (amendment) act, 1957, having entered india on 31-1-1956 through the barmer check post on a pakistan passport no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom359; (1959)61BOMLR164; 1959CriLJ1053; ILR1959Bom875
..... bombay hereby entrusts to that government the functions of the central government in making orders of the nature specified in clause (c) of sub-section (2) of section 3 of the foreigners act, 1946 (xxxi of 1946) in respect of foreigners other than enemy foreigners as defined in the enemy foreigners order, 1939, subject to the following conditions namely: (1) that notwithstanding this entrustment the central government may itself exercise the said function either generally or in any particular case or class of case, and (2) that the state ..... the orders referred to in section 13 are those orders which the central government may make in the exercise of their power conferred upon them by section 3 of the foreigners act, 1946. ..... hence, the police sub-inspector of ankleshwar filed a complaint on 31-7-1957 against the respondent stating that he was a foreigner under section 2(a) of foreigners act of 1946 and that he had not left bharat in spite of the notice served on him on 22-6-1957 and had continued to stay in ankleshwar (bharat) illegally in 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 the foreigners act, 1946. 6. ..... the foreigners order, 1948 was made by the central government in the exercise of its powers conferred by section 3 of the foreigners act, 1946. .....
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