Court : Supreme Court of India
Reported in : AIR1955SC367; 1955CriLJ876; [1955]1SCR1284
..... competence of parliament to deal with this question is, we think, clear; and this covers not only section 3(1)(b) of the preventive detention act; but also the foreigners act, 1946 (act xxxi of 1946) in so far as it deals with the powers of expulsion and the right of the central government to restrict the movements of foreigners in india and prescribe the place of their residence and the ambit of their movements in the ..... the second ground runs - 'that you are a foreigner within the meaning of the foreigners act, 1946 (act xxxi of 1946) and that it has become necessary to make arrangements for your expulsion from india and for this purpose you are required to be detained under section 3(1)(b) of the preventive detention act, 1950 until the issue of an appropriate order of expulsion from ..... but they were not invoked except that the learned attorney-general explained that the unrestricted power given by section 4(1) of the foreigners act, 1946 (a pre-constitution measure) to confine and detain foreigners became invalid on the passing of the constitution because of articles 21 and 22. ..... because of treaty obligations it confers a right on certain countries (not all) to ask that persons who are alleged to have committed certain specified offences in their territories, or who have already been convicted of those offences by their courts ..... or detention without the person being produced before the nearest magistrate within twenty four hours, excluding the time necessary for the journey, etc. .....
Tag this Judgment!Court : Delhi
Reported in : [1986]60CompCas603(Delhi); 1987(11)ECC124; 1987(30)ELT390(Del)
..... concession, as it were, to a suspect in the anxiety to ensure that while the suspect must assist in the process of enquiry or investigation, appropriate safeguards must be built into any such obligation which may at the same time ensure that the suspect is dealt with in a human manner, strictly in accordance with the letter and spirit of the law and is not subjected to ..... waging war against the king, but it is equally true, and courts have repeatedly drawn attention to it, that the phenomenal increase in the incidence of smuggling and violation in respect of foreign exchange, their powerful patronage and their deleterious effect on the economy of the country, their special characteristics and attributes, as indeed peculiar difficulties in their detection, singled such cases as ..... against self-incrimination and there is no option but to hold that the legislature in its wisdom, apparently having regard to the peculiar characteristics and problems of smuggling and preservation of foreign exchange, thought that such cases constitute a peculiar class by themselves which would justify a differential treatment and, thereforee, made a deliberate departure in providing more stringent and unfavorable procedure ..... it is, however difficult to ignore that section 33 to section 40 of the foreign exchange regulation act provide for preliminary enquiry and investigation intended to collect material in aid of any possible departmental adjudication or institution of a complaint for trial of a ..... etc .....
Tag this Judgment!Court : Delhi
Reported in : 1985CriLJ1325
..... a right to silence and are in any case entitled to the protection of the rule against self-incrimination, even though not formally accused by the institution of a complaint and notwithstanding the provisions of section 40 of the foreign exchange regulation act;c) the petitioners could not be compelled to write any statement in their own handwriting and any such compulsion would be tantamount to a procedure which was neither just, fair nor reasonable;d) the petitioners could ..... may partake the nature of a judicial concession, as it were, to a suspect in file anxiety to ensure that while the suspect must assist in the process of enquiry or investigation, appropriate safeguards must be built into any such obligation which may at the same time ensure that the suspect is dealt with in a human manner, strictly in accordance with the letter and spirit of the law and is not subjected to physical or mental torture, harassment, inconvenience ..... is not entitled to invoke the rule against self-incrimination and there is no option but to hold that the legislature in its wisdom, apparently having regard to the peculiar characteristics and problems of smuggling and preservation of foreign exchange, thought that such cases constitute a peculiar class by themselves which would justify a differential treatment and, thereforee, made a deliberate departure in providing more stringent and unfavorable procedure to arrive at satisfaction if the person ..... its seizure, production, as indeed impounding, etc. .....
Tag this Judgment!Court : Allahabad
Reported in : 1972CriLJ556
..... case we are satisfied that the respondent is a citizen of pakistan and he intentionally disobeyed the order passed under section 3(2)(c) of the foreigners act asking him to leave this country within the specified time and thereby committed an offence punishable under section 14 of the foreigners act and the present trial and conviction would not be barred under the principle incorporated in section 403 of the code of criminal procedure or article 20(2) of the constitution of india or the general principles of ..... of the learned magistrate date 17-10-67 convicting the respondent under section 14 of the foreigners act and sentencing him to rigorous imprisonment for one year is restored ..... the prescribed authority, exercising the delegated power of the central government, passed an order under section 3(2)(c) of the foreigners act directing the respondent to leave india within twenty-four hours. ..... thereafter an order under section 3(2)(c) of the foreigners act was passed directing him to quit india ..... sub-divisional magistrate, sagri, azamgarh, and on the strength of this order : it was contended that he could not be prosecuted again as he had been acquitted earlier for an offence punishable under section 14 of the foreigners act. ..... allegations that he had voluntarily acquired the citizenship of pakistan and intentionally disobeyed the order of the state government to leave india within twenty-four hours and thereby committed an offence punishable under section 14 of the foreigners act.3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom525; (1959)61BOMLR803; 1959CriLJ1416; ILR1959Bom1323
..... 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. ..... 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 bombay ..... 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 ..... learned 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. ..... against the respondent on 23-10-1957 charging him with having committed an offence under section 14 of the foreigners act, 1946. ..... if a natural born british subject entered india in pursuance of a visa he was under no obligation to obtain a permit from the registration officer. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(5)ALT120
..... section 14 of the foreigners act, 1946 reads as follows:penalty for contravention of provisions of the act, etc - whoever-(a) remains in any area in india for a period exceeding the period for which the visa was issued to him;(b) does any in violation of the conditions of the valid visa issued to him for his entry and stay in india or any part thereunder;(c) contravenes the provisions of this act or of any order made thereunder or any direction given in pursuance of this act or such order for which ..... 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 with the second proviso to sub-rule (3) of rule 6 the foreigner's registered address is the office of the registration officer of the district in which he first registered upon his arrival in india.8. ..... the aforesaid contention and we pointed out to the learned counsel that article 5(1) and (2) of the above said declaration on the human rights have granted certain rights to the foreigners who shall enjoy rights, in accordance with domestic law, subject to the relevant international obligation of the state as well as subject to restrictions as are prescribed by law and which are necessary in a democratic society to protect national security, public safety, public order, public health or morals .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj62; (1986)1GLR77
..... the present case but i am referring to this decision of the supreme court because it was submitted before the supreme court that looking to the purpose and object behind enacting the foreign awards act, 1961, viz to give effect to the convention, section 3 must be construed as contemplating even a case where there was only an arbitration agreement, in force between the parties but where there was no actual reference to arbitration and that ..... the question as to which court will have jurisdiction to entertain the application for filing an award under section 5(l) of the foreign awards act will have, therefore, to be decided with reference to the provisions of the code of civil procedure which governed the procedure in this country because section 5(l) of the foreign awards act simply says that the award may be filed in the court having jurisdiction over the subject matter of the awards, but it is silent as ..... that if one of the meanings which can be properly ascribed is in consonance with the treaty obligations and the other meaning is not so, consonant, the meaning which is consonant, to be preferred ..... monrovia, a corporation incorporated under the laws of liberia, the original petitioner, by an agreement dated 24-2-1981 sold a vessel named 'saudi cloud' to m/s orri navigation lines of saudi arabia, jeddah (original respondent no. ..... of section 20 requires is that when there are more than one defendants and one of them carries on business or resides etc. ..... balance of purchase price etc. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(76)ECC160; 2001(131)ELT555(Kar)
..... that case the person who has remitted the amount can be said to have committed breach of section 9(3) of the foreign exchange regulation act, 1973 and the person receiving money in india otherwise than through an authorised dealer for payment by or under the directions or order of a person resident outside india, such person receiving money may ..... opinion that the explanation only indicates that in cases where the appeal has to be filed on behalf of the central government or its instrumentality through which it works as per explanation (ii) to section 54 of the foreign exchange regulation act, 1973, the appeal may be filed before the high court within whose territorial jurisdiction the respondent or where there are more than one respondent, any of respondents ordinarily reside or carries on ..... amount in indian coin or currency to a person in india, he may be said and be held to have remitted or caused remittance of the amount from a foreign land into india, and if such remittance does not come within the exceptions indicated in sub-section 3 of section 9 of the foreign exchange regulation act, 1973 itself and without the exemption being granted by the reserve bank, or it is a remittance received through one who is not an authorised dealer, then in ..... , etc. ..... of the postal acknowledgment cards, the xerox copies of the bank drafts, account sheets, lists confirming the names and amounts in urdu, etc. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker33
..... the short point that arises in these civil revisions is whether the partners of a firm can be impleaded in an applicalion under section 5 (1) of the foreign awards (recognition and enforcement) act, 45 of 1961, for short the foreign awards act, for filing the foreign award obtained against the firm in an arbitration and whether the application can be amended accordingly. ..... as the judgment that is to be pronounced and the decree that should follow under section 6 of the foreign awards act are against a firm and are to be in accordance with the procedure prescribed by the civil p. c. ..... the respondent filed applications under section 5 (1) of the foreign awards act before sub court, quilon for filing the awards in court. ..... when additional parties are impleaded, it goes without saying that the application filed under section 5 (1) of the foreign awards act will have to be amended.5. ..... as per section 5 (1) of the foreign awards act, the application has to be numbered and registered as a suit. ..... in that case, why should the partners be impleaded and why should the applications made to the court under section 5 (1) of the foreign awards act be amended.3. ..... as per section 6 of the foreign awards act a decree is to be passed only in terms of the award. ..... awards are against the firms and the decrees that are to be passed on the basis of the awards can be executed against the partners only if they are served with summons in the applications filed under section 5 (1) of the foreign awards act. .....
Tag this Judgment!Court : Chennai
Reported in : 2003(90)ECC927; (2002)3MLJ364
..... . if courts are not to honour and implement their own orders, and encourage party litigants -- be they public authorities, to invent methods of their own to short circuit and give a go-bye to the obligations and liabilities incurred by them under orders of the court -- the rule or law will certainly become a casualty in the process -- a costly consequence to be jealously averred by all and at any rate by the highest courts ..... it is true that under section 47(2) of the foreign exchange regulation act, 1973 every contract which is prohibited to be done by or under any of the provisions of the act except with the permission of the central government or the reserve bank of india, shall not be done unless such permission is ..... senior counsel for the respondent, raised two contentions and the first one is that the memorandum of compromise is void on account of violation of section 47(2) of foreign exchange regulation act, 1973 and it cannot be enforced. ..... record not having been disputed at any point of time by any of the parties, the appellant long after that order came to be made chose to pretend as if no order had been made and it was under no obligation to purchase the shares which it had undertaken to purchase ..... prevented from carrying out its obligations and it has not neglected or failed in its obligation the applicant.4. ..... yet to open the nro account and till such time as the nro account is not opened, the respondent cannot legally carry out its obligations under the memo of compromise. .....
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