Judgment Search Results Home > Cases Phrase: foreigners act 1946 section 3 power to make orders Court: punjab and haryana Page 1 of about 36 results (0.248 seconds)

Nasir Ahmed Vs. the Chief Commissioner, Delhi and anr.

Court : Punjab and Haryana

Reported in : AIR1959P& H261

..... for these reasons, i hold that the authorities under the foreigners act, 1946, had no power and jurisdiction to order the deportation of the petitioner, his wife and his child to pakistan without the previous decision of the central government under section 9(2) of the citizenship act 1955 that the petitioner and his family members had lost the citizenship of india on the ground that they had acquired citizenship of pakistan.17. ..... on 19-5-1957 a notice on behalf of the delhi state was issued under section 3(2)(c) of the foreigners' act, 1946 read with foreigners laws (amendment) ordinance, 1957 whereby the chief commissioner directed nasir ahmad, his wife mrs. ..... i may make it clear that if a person at the commencement of the contitution is not a citizen of india or is deemed not to be so under article 7 then he can be treated as a foreigner unless subsequently he acquires or has aquired citizenship of this country under the provisions of the citizenship act of 1955.16. ..... section 5 of the citizenship act lays down that a person can apply for registration as a citizen and under section 8 a person may make a declaration renouncing his indian citizenship.a person's right to citizenship can be terminated under sections 9 and 10 after an enquiry has been held on notice to the person concerned. .....

Parkash Chandra Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : 1965CriLJ119

..... sub-section (1) of section 3 is as follows:(1) the central government or the state government may:(a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to(i) the defence of india, the relations of india with foreign powers, or the security of india, or(ii) the security of the state or the maintenance of public order, or(iii) the maintenance of supplies and services-essential to the community, or(b) if satisfied with respect to any person who is a foreigner within the meaning of the foreigners act, 1946 (xxxi of 1946), that ..... the appellant cannot be heard to say, apart from the question of mala fides that the grounds did not disclose the necessary facts or particulars, or that in the absence of such facts or particulars, he was not in a position to make an effective representation.after referring to the decision in atma ram stidhar vaidya's case : 1951crilj373 it was laid down that the second right conferred by clause (5) of article 22 was subject to the right of privilege given by clause (6) and .....

Parkash Chandra Vs. Union of India and anr.

Court : Punjab and Haryana

Reported in : AIR1965P& H270

..... -section (1) of section 3 is as follows:'(1) the central government or the state government may: (a) if the satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to (i)the defence of india the relations of india with foreign powers or the security of india or (ii) the security of the state or the maintenance of public order, or (iii) the maintenance of supplies and services essential to the community or (b) if satisfied with respect to any person which is a foreigner within the meaning of the foreigners act 1946(xxxxi of 1946 ..... radha krishna chhabra at present ordinarily resident at 4 satya marg, new delhi that with a view to preventing him from acting in any manner prejudicial to the relations of india with foreign powers and to the security of india it is necessary to make an order directing that the said parkash chandra be detained:now therefore in exercise of the powers conferred by sub-clause (1) of clause (a) sub-section (1) of section 3 of the preventative detention act 1950 (iv of 1950) the central government hereby directs that the said parkash chandra be detained.(g. .....

State of Punjab and ors. Vs. Sher Mohammad Relu

Court : Punjab and Haryana

Reported in : AIR1962P& H333

..... is an appeal under clause 10 of the letters patent from an order of learned single judge of this court quashing the order of deportation made against the respondent under section 3 of the foreigners act, 1946. ..... that case the respondent had been convicted by the judicial magistrate of adoni in the state of andhra pradesh, under section 14 of the foreigners act 1946. ..... consequently he quashed the order which had been made under section 3(2)(c) of the foreigners act.it was argued before their lordships in appeal on behalf of the union of india that section 9 of the citizenship act had no application to that case and their lordships acceded to that contention in the following words:--'that section deals with the termination of citizenship of a citizen of india in certain ..... he was served with an order in january 1958, under section 3(2)(c) of the foreigners act directing him not to remain in the indian ..... being so, it must be held for the purpose of this case that the respondent was not a foreigner and no order could be made against him under section 3(2)(c) of the foreigners act. ..... produced in the case was considered by their lordship who observed that no order could be made under section 3(2)(c) of the foreigners act if he was not a foreigner. ..... no order could be made against him under section 3(2)(c) of the foreigners act, not can it be said that in the present case any such question arises which would require a detailed examination of evidence which can only be done more appropriately .....

Arvind Shergill Vs. Uoi and ors.

Court : Punjab and Haryana

Reported in : 2000(67)ECC42; 1999LC561(P& H); 2000(118)ELT23(P& H)

..... power to make orders detaining certain persons - (1) the central government or the state government or any officer of the central government, not below the rank of a joint secretary to that government, specially empowered for the purposes of this section by that government, or any officer of the state government, not below the rank of a secretary to that government, specially empowered for the purposes of this section by that government, may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing ..... or concealing or keeping smuggled goods, or v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, it is necessary so to do, make an order directing that such person be detained : provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 or under section 3 of the jammu and kashmir prevention of illicit traffic in narcotic drugs and psychotropic substances ordinance, 1988 .....

Nazar Mohammad Vs. the State

Court : Punjab and Haryana

Reported in : AIR1953P& H227

..... can do in the present circumstances is to set aside ihe order of confiscation of gold and the petitioner would be entitled to the return of the gold and to apply to the reserve bank for permission under section 8, foreign exchange regulation act, to bring it in on payment of the requisite duty. ..... on 20th of december, the assistant collector of land customs wrote a letter to nazar mohammad as he was required under section 23 of the foreign regulation act to do asking, him whether he (the petitioner) had any permission of the reserve bank of india for the import ..... of course where a foreigner acts in a manner which clearly shows that his intention is to smuggle something he cannot get any protection from what i have stated above, but in the present case there are circumstances which show that the foreigner in this case had no intention of smuggling and did not act in a manner which amounted to a breach of the laws of ..... this material that the magistrate convicted the accused under section 23 of the foreign exchange regulation act (act 7 of 1947) and sentenced the petitioner to rigorous imprisonment for one year and also ordered confiscation of gold.9. ..... , in a manner which shows that the learned magistrate was doing some routine work rather than making the accused understand as to what was the nature of the offence against him and what he was being asked ..... this certificate clearly mentions that the importer is making a full statement of articles which are under the instructions required .....

Atlas Cycle Industries Ltd. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : (2004)192CTR(P& H)354; [2004]270ITR108(P& H)

..... section 80-o of the act reads as under :'where the gross total income of an assessee, being an indian company or a person (other than a company) who is resident in india, includes any income received by the assessee from the government of a foreign state or foreign enterprise in consideration for the use outside india of any patent, invention, design or registered trade mark and such income is received in convertible foreign exchange in india, or having been received in convertible foreign exchange outside india, or having been converted into ..... both the revenue as well as the assessee filed separate applications under section 256(1) of the act in both the assessment years, requiring the income-tax tribunal, delhi bench 'c', new delhi (for short 'the tribunal'), to refer questions of law arising out of its order for the opinion of this court. ..... the assessee preferred appeals before the commissioner of income-tax (appeals) (for short 'the cit(a)'), which were partly allowed vide orders dated october 17, 1980, and november 12, 1980, for the assessment years 1976-77 and 1977-78, respectively. ..... the assessment for the assessment year 1976-77 was completed vide order dated july 10, 1980, determining the total income at rs. ..... similarly, assessment for the assessment year 1977-78 was completed vide order dated august 18, 1980, at an income of rs. ..... the assessee preferred further appeals before the tribunal for the two years, which were also partly allowed vide order dated june 21, 1983.4. .....

ShihabeldIn Vs. Union of India and Others

Court : Punjab and Haryana

..... document chandigarh cwp-15490-2013 (o&m) 3 the stand taken before us on behalf of the health ministry is that in the interregnum period the concerned ministry would stand by the guidelines issued by the ministry of home affairs under section 3 of the foreigners act, 1946. ..... there appeared to be some conflict between the guidelines issued under the foreigners act by the ministry of home affairs (annexure p-2) and the guidelines of the icmr.however, the conflict for the interim period is resolved by all the respondents being in unison that in the interregnum period the arrangement which would prevail would not permit the single parent foreign citizen surrogacy. ..... in view of the aforesaid position, we are not inclined to issue a writ in favour of the petitioner, a foreign citizen, who seeks single parent surrogacy as the law in this behalf itself is sought to be enacted and it is at a final ..... cm-4925-2014 leave is granted to place on record the affidavit of mr.vikas srivastava, under secretary (foreigners).ministry of home affairs in pursuance to our last order dated 02.04.2014 and the application is allowed. ..... are, thus, confronted with a situation where undoubtedly there is a complex issue at hand of surrogacy qua single parents who are foreign citizens. ..... as to what would be the final version of the act and what are the checks and balances would in turn depend on the final proposal of the cabinet which would in turn have to be placed before the house and only thereafter would it be .....

Gopal Dass Labhu Ram Saini Vs. the State

Court : Punjab and Haryana

Reported in : AIR1959P& H113; 1959CriLJ365

..... on appeal preferred by gopal dass his conviction and sentence under section 23 of the foreign exchange regulation act were set aside but his conviction and sentence under section 167(81) of the sea customs act were maintained.4. ..... ,'the legislature had in view the malpracticesof police officers in extorting confessions from accused persons in order to gain credit by securing convictions, and that those malpractices went to thelength of positive torture; nor do i doubt that the legislature, in laying down such stringent rules, regarded the evidence of police officers as untrustworthy, and ..... , air 1934 cal 580 it was held-'the legislature in using the term 'police officer' in section 25 did not intend to exclude from its meaning excise officers exercising powers of detection and investigation of crimes committed against excise laws. ..... , air 1927 bom 4, a full bench of bombay high court held that an abkari officer was a police officer under section 25 of indian evidence act as be exercised the powers of police officer conferred upon him by law. ..... , air 1932 pat 293, where it was held that section 25 applies to police officer alone and not to persons invested with the powers of police officer for limited purpose.it was held in that case that confession made to an excise inspector who had the power to search and investigate was admissible- in my opinion the broader view should be preferred as it is in accord with the purpose and intention underlying section 25 of the indian evidence act.7. .....

Tarsem Chand Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 1990(48)ELT18(P& H)

..... 2, tahsilpura (amritsar) that with a view to preventing him from abetting the smuggling of goods, it is necessary to make the following order :-'now, therefore, in exercise of the powers conferred by section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (as amended), i direct that the said shri tarsem chand be detained and kept in custody in central jail, ..... tahsilpura, amritsar, was detained pursuant to the order of detention dated march 5, 1988, annexure p.1, issued by the joint secretary to the government of india, under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, (as amended). ..... while passing the detention order under the conservation of foreign exchange and prevention of smuggling activities act, 1974, i have relied on the materials contained in the mahazars, statements and documents mentioned in the enclosed ..... even though adjudication and prosecution proceedings under the customs act, 1962, are likely to be initiated against you, i am satisfied that you should be detained under the conservation of foreign exchange and prevention of smuggling activities act, 1974, (as amended) with a view to preventing you from abetting the smuggling of goods ..... and his helper jamshed alam failed to produce any document for legal export of these goods and, therefore, the goods were seized under section 110 of the customs act, 1962, on a reasonable belief that you were abetting mohd. .....