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

Court : Andhra Pradesh

Reported in : 2009(5)ALT120

..... anantapur about change of his residence to puttaparthy from sikkim and also without extending the residential permit beyond 30-4-2008 and tried to leave india on 1-6-2009 from bangalore to bangkok, on the above circumstances, the petitioner was charged with violation of rules 11 and 12 of the registration of foreigners rules, 1992, and para 7 of the foreigners order, 1948 and also under section 5 of the registration of foreigners act, 1939 and section 14 of the foreigners act, 1946 and thereafter ..... petitioner that the petitioner who is already charged under section 5 of the registration of foreigners act, 1939 and the said act covers the entire gamut and arena with regard to registration of foreigners; that by making rule on the same subject of registration of foreigner under the foreigners act, 1946, the petitioners cannot be double charged for the same alleged offence, as such section 14 of the foreigners act, 1946 cannot be invoked against the petitioner. ..... 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 ..... delhi on a student visa valid for a period of five years from 19-6-2006 to 18-6-2011 and got his name registered with foreign registration officer, gangtok, sikkim and obtained a residential permit at sikkim valid till 30-4-2007. ..... his name registered .....

institute Indo-portuguese and ors. Vs. theotonio Borges and ors.

Court : Mumbai

Reported in : AIR1959Bom275; (1958)60BOMLR660; ILR1958Bom1055

..... boadita was deported out of india under the foreigners act, 1946 by reason of his pro-portuguese political activities. ..... sometime in august or september 1956 the president fonseca was himself deported under the foreigners act, 1946. mr. ..... parpia on a passage i private international law, fifth edition, by cheshire, which is mentioned at page 90:-'the first is that the courts of a country will not implead a foreign sovereign, that is, they will not by their process make him against his will a party to legal proceedings, whether the proceedings involve process against his person or seek to recover from him specific property or damages ..... it may be noted that the provision of section 80 of the bombay public trusts act says:'save as expressly provided in this act, no civil court shall have jurisdiction to decide or deal with any question which is by or under this act to be decided or dealt with by any officer or authority under this act, or in respect of which the decision or order of such officer or authority has been made final and ..... after the institution was registered under the provisions of the bombay public trusts act, the names of the aforesaid four members of the managing committee and that of the president were entered in the register kept under section 17 of the bombay public trusts act.3. ..... the deputy charity commissioner accepted the change suggested by the president fonseca, and entered the name of mr. ..... fonseca, the president gave a change report on 28-1-1956, stating that mr .....

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

Court : Kolkata

Reported in : AIR1966Cal552,70CWN82

..... he argued that this very question, namely, that section 3(2)(c) of the foreigners act, 1946, was bad as it violated article 14 of the constitution, had been gone into by the supreme court in hans muller v ..... entrustment was made in favour of the state of west bengal and therefore the power conferred by section 3(2)(c) of the foreigners act, 1946, should have been exercised by the state of west bengal. ..... contended that the several decisions of the supreme court discussed above, and relied upon by the appellant, did not support his contention that section 3(2)(c) of the foreigners act, 1946, should be struck down on the ground of excessive delegation of power. ..... 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. ..... for these reasons the appellant's contention that section 3(2)(c) of the foreigners act, 1946, should be struck down on the ground of excessive delegation of power, must be rejected ..... the appellant argued that one of the objects or purposes of the order was that he had changed the object of his visit to india, which was missionary activities. ..... observations of the supreme court relied upon by the appellant were to the effect that an executive authority could be authorised to modify either existing or future laws, but not in any essential feature so as to include a change of policy. .....

G.Karunairaj Vs. State Rep.by the Secretary to Government.

Court : Chennai

..... conclusion that the fugitive offender michael and the petitioner are one and the same;(xiii) that therefore, a charge sheet was filed under sections 420, 109, and 468 of the indian penal code read with section 14 of the foreigners act, 1946, section 3 of the passport (entry into india) act, 1920 and section 65 of the tamilnadu city police act; (xiv) that the malaysian national dr.g.k.raj (a) karunahraj (a) g.k. ..... cr.no.1365 of 2010;(ix) that during investigation in c.c.b.cr.no.55 of 2010, the petitioner confessed voluntarily on 3.9.2010 that he is a malaysian citizen, born at penang;(x) that the petitioner has multiple pan cards and driving licences in different names and addresses with different dates of birth, all carrying the photograph of the petitioner;(xi) that all these documents are found to be forged or fraudulently obtained;(xii) that in these circumstances, the investigating officer arrived at the ..... to the narcotics control bureau/interpol, malaysia;(iv) that after comparison, the narcotics control bureau/interpol, malaysia sent a report to the effect that the finger prints of the petitioner tallied with a malaysian fugitive offender by name michael, s/o susai;(v) that the petitioner is a malaysian with identity card no.630308-07-5073 and passport no.a11314136;(vi) that the consulate general of malaysia sent a letter to the commissioner of police on 15.4.2011 enclosing the ..... section 5 deals with change of name of foreigners .....

Daniel Hailey Walcott and anr. Vs. State

Court : Chennai

Reported in : AIR1968Mad349; 1968CriLJ1282; (1968)1MLJ229

..... appreciate this contention, it is necessary to set out the relevant provisions of the foreigners act, 1946:--(51) section 5(1) of the foreigners act says:"no foreigner who was in india on the date on which this act name into force shall, while in india after that date, assume or use or purport to assume or use for any purpose any name other than that by which he was ordinarily known immediately before the said date. ..... if a foreigner visits this country with a known name and returns to his country and changes his name in his country according to the law and procedure of that country and if he comes again with that assumed name to this country and uses that assumed name, it cannot be said that he has assumed or used the name while he was in this country without the permission of the central ..... my mind, the object of introducing this section appears to be that the government should have control over all the foreigners while in india and if the names are changed, the identity of the foreigners may become difficult. ..... government of india cannot have any control over any foreigner who ahs visited this country once to have his name changed in his country according to the law of that ..... it will cause hardship and inconvenience to any foreigner who comes with his name lawfully changed to expect him to get permission from the central government even ..... it does not apply to a foreigner who changes his name in his county and obtains a passport in that name lawfully and comes to this country with a .....

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

Court : Kolkata

Reported in : AIR1963Cal369,1963CriLJ9,67CWN206

..... 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 ..... governments, including the state of west bengal, with the functions of the central government, inter alia, in making orders of the nature specified in clauses (c), (cc), (d) and (j) of sub-section (2) of section 3 of the foreigners act, 1946 and, under the foreigners order, 1948, was an invalid piece of notification, because the powers delegated were legislative powers, which could not possibly be delegated under article 258 of the constitution contemplating as the article did ..... supreme court did not affect his argument because the definition of the expression 'foreigner' underwent a drastic change by the foreigners laws (amendment) act, 1957, and the amended definition merely read as 'foreigner means a person who is not a citizen of india'. ..... of the period of stay in india was not granted by the government of india, firstly, because he had changed the nature of his work in india and, secondly, because his employers were not willing to furnish the usual financial .....

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

Court : Supreme Court of India

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

..... - (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) 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 ..... section 5 places restriction upon a foreigner to change his name while in india. ..... their presence has changed the whole character, cultural and ethnic composition of the area and the imdt act creates a situation whereunder it has become virtually impossible to challenge the presence of a foreigner and to secure his detection, deportation or even deletion of his name from the electoral list as they get protection on account of the provisions of the act. .....

Tata Locomotive and Engineering Co. Ltd. Vs. Commissioner of Income-ta ...

Court : Mumbai

Reported in : AIR1963Bom62; (1962)64BOMLR49; ILR1962Bom316; [1962]44ITR467(Bom)

..... that purpose having failed, the assessee company was, by virtue of sub-section (3) of section 4 of the foreign exchange regulation act (act vii of 1947), bound to bring back that amount to india. ..... it was necessary for the assessee-company to open an account and build up funds in america to pay for the machinery that would be purchased in america by its purchasing agents and for that specific purpose in the year 1946 the assessee-company had asked permission to remit amounts to america in its account with its purchasing agents m/s. ..... , for purchase of capital (goods and, therefore, the appreciation in value as a result of change in exchange rate was not liable to tax, it is true that the amount of 36,123.02 dollars when first received by the assessee-company in america was in the nature of its income. ..... the tribunal did accept the contention of the assessee in respect of two amounts, namely, the sum of 3567/04 dollars balance remaining out of the first remittance of 33,850/- dollars, and the sum of 8882/24 dollars that is, the amount reimbursed by baldwin locomotive works against the funds made available in india to ..... the reserve bank had only granted permission to the assessee to retain that amount in america for a specific purpose, namely, purchase of capital goods. .....

Golam Khan Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : AIR1961Cal408

..... is by the governor and reads as follows :'in exercise of the powers conferred by subsection (2) of section 3 of the foreigners act, 1946 (xxxi of 1946) as amended by the foreigners laws (amendment) act, 1957 (xi of 1957), and delegated to the state government in notification no. 4/3-56-f. ..... already a prosecution had been launched for violation of the deportation order under section 14 of the foreigners act, 1946, against the petitioner on the 7th november, 1958, long before he gets himself enlisted as ..... application by golam khan under article 226 of the constitution asking for a writ of certiorari and mandamus to quash and restrain the order dated 12th january, 1960 under section 3(2)(c) of the foreigners act, 1940 (act xxxi of 1946).2. ..... liverpool royal infirmary, 1930 ac 588 where it is laid down that a change of domicile must be made animo et facto, the animus may be inferred by the factum of residence within the new domicile, but in order to warrant that inference the quality of the residence must be taken (into ..... conclude, i shall only refer to one fact, namely, petitioner's declaration of domicile. ..... the fact that there the father's name of the voter is different from the father's name of the petitioner, which he tried unsuccessfully to correct, the point is that this was done after proceedings had been started against him as a foreigner. ..... no particulars of the marriage, the date of the marriage, the place of the marriage, the witnesses of the marriage or even the name of the wife. .....

Shri Mustaq HusaIn Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : AIR1960All559; 1960CriLJ1176

..... the term 'foreigner' was defined by section 2(a), foreigners act, 1946 (hereinafter called the act), as follows :' 'foreigner' means a person who --(a) is not a natural born british subject as defined in sub-sections (1) and (2) of section 1 of the british nationality and status of aliens act, 1914 (4 and 9 geo. 5c 17).. . . .'7 ..... these grounds are :(1) the petitioner was a natural-born british subject on the date of his entry from pakistan into india and therefore was not a foreigner within the meaning of that term in section 2, foreigners act 1946 : (2) the petitioner held a valid passport and visa at the time of his entry from pakistan into india in accordance with rule 5 of the indian passport rules, 1950, and he could not therefore, be deported under section 5, indian passport act 1920. 6. ..... ,'the circumstance that the respondent being originally a british subject was not a foreigner, within the meaning of that expression as used in the foreigners act, 1946, before it was amended, will not come to his aid. ..... the pertinent portion of the application reads thus :'application for visa for india (other than category 'd' visa) 1.name of applicant in full (block letter).mustaq hussain.4.date of birth.10-6-36.5.place of birth.allahabad, u. ..... in view of the change in the definition, the petitioner, who was not foreigner at the time of his entry from pakistan into india, would be a foreigner after the passing of the foreigners' laws (amendment) act, 1957, if he is not a citizen of india.9 .....