Judgment Search Results Home > Cases Phrase: illegal migrants determination by tribunals act 1983 section 21a power to bind certain persons against whom complaint is made under the act Page 1 of about 3 results (0.330 seconds)

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

Court : Supreme Court of India

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

..... it will be open to the authorities of the central government or state government to initiate fresh proceedings under the foreigners act against all such persons whose cases were not referred to the tribunals constituted under the illegal migrants (determination by tribunals) act, 1983 by the competent authority whether on account of the recommendation of the screening committee or any other reason whatsoever. ..... section 21a provides that it shall be lawful for the police officer not below the rank of superintendent of police, if he is satisfied that the circumstances so require, and for reasons to be recorded in writing direct any person against whom a reference or an application has been made under this act to enter into a bond with or without sureties for making himself available for inquiry. ..... the terms of the accord specifically provided that steps would be taken to detect and deport illegal migrants from assam and it also contained a clause that 'the government will give due consideration to certain difficulties expressed by aasu/aagsp regarding the implementation of the illegal migrants (determination by tribunals) act, 1983. ..... the act does not contain any provision for constitution of a screening committee which has been done under the rules and has been conferred a very wide power of rejecting complaints against which no appeal lies. .....

Sarbananda Sonowal Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2006(13)SCALE33; (2007)1SCC174

..... the tribunals under the illegal migrants (determination by tribunals) act, 1983 shall stand transferred to the tribunals constituted under the foreigners (tribunals) order, 1964 and shall be decided in the manner provided in the foreigners act, the rules made thereunder and the procedure prescribed under the foreigners (tribunals ..... the facts required to form the basis of a presumption of law exist, no discretion is left with the court but to draw the statutory conclusion, but this does not preclude the person against whom the presumption is drawn from rebutting it and proving the ..... the other hand, it is stated in the reply itself in paragraph 2:in exercise of the powers conferred by section 3 of the foreigners act, 1946, foreigners tribunals ('tribunals') were set up in the 1960s under the foreigners (tribunal) order, 1964 in the state of assam only though the foreigners (tribunal) order 1964 has all india application and tribunals can be set up in other parts of the ..... complaint is made and the central government merely forwards it, there will be no material before the tribunal on the basis of which it would be able to determine whether sufficient ground for proceeding with the ..... subordinate legislation the directions issued by this court in the earlier binding decision to get all pending cases relating to alleged immigrants decided by the tribunal under the 1964 order ..... proof under certain situations is placed on the accused, the same would not mean that he is deprived of the procedural .....

Md. Sibar UddIn and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... according to learned trial court, in view of sections 23 and 24 of the illegal migrants (determination by tribunals) act, 1983 reading with section 9, c.p.c. ..... may, whether such question has arisen on a representation made by such person against any order under foreigner act, 1946 requiring him not to remain in india or to any other effect or has amen in any other manner whatsoever, refer such question to a tribunal constituted under the act for such decision, section 23 of the act, inter alia, provides that after establishment of the tribunal or appellate tribunal under the act no civil court shall have jurisdiction to entertain any question relating to that matter of illegal migrants and no injunction shall be granted. ..... after agitation in assam on the issue of f6reign national, parliament enacted the above act namely, illegal migrants (determination by tribunals) act, 1983, for short act and consequently also amended the citizenship act, 1955 by introducing a new section viz section 6a. ..... section 24 is a transitoryprovision and it inter alia, provides that after establishment of a tribunal under the act if any suit or legal proceeding is pending in a civil court, the civil court shall without deciding the question of illegal migrants transfer the suit or other legal proceeding to the tribunal. 6. ..... on the other hand if a foreigner enters india after 1-1-1966, but before 25-3-1971 his question has to be determined by the tribunal constituted under the act. 7. ..... act, 1983'. .....

Mahadev Haldar Vs. State of Assam and anr.

Court : Guwahati

..... in a reference made by the state government under section 8 of the illegal migrants (determination by tribunal) act, 1983, the tribunal constituted under the act has entertained the reference and registered a case no. ..... the matter is remanded back to the illegal migrants determination tribunal, dibrugarh to proceed further in the matter after giving opportunity to the appellant to produce his evidence on the date fixed. ..... the tribunal examined one witness produced by the prosecution and passed order declaring the petitioner/appellant as illegal migrant who came to india after 25th march 1971. ..... the petitioner was declared as illegal migrant by order dated 16.3.2002. ..... in the appeal preferred by the petitioner it is contended by the petitioner/appellant that he was not given appropriate opportunity to defend himself and the proceedings taken up by the tribunal are contrary to well established norms and legal procedure to be adopted while determining the question raised before it. ..... mahadev haldar is an illegal migrant who came to india after 25th march 1971. ..... the case was not fixed for evidence of the defence, thus at best the tribunal could have proceeded ex-parte against the petitioner/ appellant and examine the prosecution witness that what has been done in the present case, the tribunal should have stopped at that. ..... when the appellant has filed his written statement before the tribunal raising certain defence he is entitled to lead evidence on his defence. .....

Sunil Chandra Sarkar Vs. State of Assam and ors.

Court : Guwahati

..... the tribunal by its order dated 1.8.1989 had held that the said sri sunil chandra das is an illegal migrant within the meaning of section 3(1)(c) of the illegal migrants (determination) tribunal act, 1983, (hereinafter referred to as 'imdt act') and the reference is answered accordingly. ..... it is the case of the petitioner-appellant in the writ petition that the proceedings have been taken up on reference made by the superintendent of police, nalbari before the illegal migrants (determination) tribunal, nathan against one sri-sunil chandra das, son of sri chandra mohan das resident of village narayan gaon, po ghagrapar, district nalbari under s. p. ..... in the absence of any notice or order we are unable to appreciate whether the action is being taken against the petitioner for deportation in pursuance of the order passed by the tribunal. ..... it is further alleged by the appellant that in pursuance of the said order passed against sunil chandra das the petitioner is being tried to be deported by the police officials at nalbari and, therefore, prayed that necessary orders be issued restraining the police to deport the petitioner, whose name is sunil chandra sarker @ sunil sarkar. .....

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

..... , the illegal migrants (determination by tribunals) act, was in question, and the court did observe that the foreigners act and foreigners (tribunal) order, 1964, were applicable to the whole of india, even to the state of assam, for identification of foreigners who have entered the territory between 1st january, 1966 and 24th march, 1971; and the procedure adopted for their deportation could hardly be questioned, and it was not open to the union of india or the state or for anyone else to contend that the procedure prescribed in the enactment was not just ..... was to his knowledge carried on in such manner as to assist an enemy in that war; or(d) the overseas citizen of india has, within five years after registration under sub-section (1) of section 7a, has been sentenced to imprisonment for a term of not less than two years; or(e) it is necessary so to do in the interest of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public.besides the power of the government under the above provisions, a citizen of india, who has been granted any ..... in those cases the persons were illegal migrants, and the validity of the statute, i.e. ..... the petitioner had certainly been given a special treatment by the american consulate general at mumbai and had made a request for grant of special immigration status, as is clear from the letter dated 8th july, 1999 (exhibit 'f' to the petition). .....

Abdul Kabir and anr. Vs. State of Assam and ors.

Court : Guwahati

..... 26/ 2003 and 27/2003 before the illegal migrants (determination) appellate tribunal, assam, guwahati (hereinafter referred to as 'the appellate tribunal'). ..... jdt 89/2000 by which the petitioners have been held to be illegal migrants within the meaning of section 3(c) of the im(d)t act (act 39 of 1983) and answering the reference made to it by the superintendent of police (b), jorhat under section 8(1) of the im(d)t act.2. ..... the tribunal on perusal of the evidence on record and upon elaborate and detailed discussion answered the reference whether the petitioners are illegal migrants within the meaning of section 3(c) of the aforesaid act, held, the petitioners to be illegal migrants. ..... upon a reference as aforesaid, the illegal migrants (determination) tribunal, jorhat (hereinafter referred to as 'the tribunal') registered im(d)t case no. ..... merely because no further appeal is provided for against the judgments and orders of the tribunals below, the power of the high court under article 226 would not get enlarged nor can the high court exercise an appellate power while examining the correctness of the conclusion arrived at by the tribunals below. ..... in paragraph 5 of the writ petition the petitioners have prayed for to allow them to place certain more facts which according to them could not be placed before the tribunals below either due to their inadvertence and/or not within their knowledge. ..... no independent person has come forward to support their case. .....

Md. Anowar Ali, Nagaon (Assam) and Others Vs. The State of Assam, Repr ...

Court : Guwahati

..... to the authorities of the central government or the state government to initiate fresh proceedings under the foreigners act against all such persons whose cases were not referred to the tribunals constituted under the illegal migrants (determination by tribunals) act, 1983 by the competent authority whether on account of the recommendation of the screening ..... made under section 8(1) of the illegal migrants (determination by tribunals) act, 1983, for short, imdt act, to the illegal migrants (d) tribunal, hojai, sankardev nagar, for a decision as to whether the petitioner no.1 along with his family members are illegal migrants ..... of the questions formulated by the full bench was whether under section 9 of the act of 1946 the burden is on a proceedee (meaning the person against whom notice has been issued) to prove that he is not a foreigner and if so, whether the division bench in moslem mondal was correct in holding that though the burden under section 9 of the said act lies on the proceedee to prove that he is not a foreigner, the state is to first adduce evidence confined to the grounds on which the reference rests, before the proceedee discharges ..... was issued amending order of 1964 in respect of service of notice by the foreigners tribunal and providing powers of judicial magistrate (first class) under code of criminal procedure, 1973 in respect of certain matters as indicated therein. ..... person is declared to be an illegal migrant, he is liable for deportation and such order is binding .....

The State of Assam, Represented by the Commissioner and Secy and Other ...

Court : Guwahati

..... the superintendent of police, barpeta, suspecting the appellant as illegal migrant, within the meaning of the illegal migrants (determination by tribunals) act, 1983, (in short the 1983 act), made a reference under section 8(1) of the said act read with rule 9(a) of the rules framed thereunder, on the basis of which case no.1311/2003 was registered before the im(d)t, barpeta, which proceeding was subsequently transferred to the foreigners tribunal and accordingly f.t. ..... (i) (supra), where the question relating to the constitutional validity of the 1983 act was under consideration, the apex court while dealing with various enactments made for dealing with the foreigners including the different provisions of 1946 act has held that section 9 of the said act casts the burden of proving that a person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, on such person and therefore, when an order made under the 1946 act is challenged and a question arises whether the person against whom the order has been made is a foreigner or not, the burden of proving that ..... by virtue of such power, the parliament has enacted the 1955 act to provide for acquisition of citizenship after the commencement of the constitution, by birth, descent, registration, naturalization and incorporation of territory and also for termination and deprivation of citizenship under certain circumstances. .....

Assam Sanmilita Mahasangha and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

..... the terms of the accord specifically provided that steps would be taken to detect and deport illegal migrants from assam and it also contained a clause that "the government will give due consideration to certain difficulties expressed by aasu/aagsp regarding the implementation of the illegal migrants (determination by tribunals) act, 1983 ..... the provisions of sub-sections (6) and (7), every person of indian origin who- (a) came to assam on or after the lst day of january, 1966 but before the 25th day of march, 1971 from the specified territory; and (b) has, since the date of his entry into assam, been ordinarily resident in assam; and (c) has been detected to be a foreigner, shall register himself in accordance with the rules made by the central government in this behalf under section 18 with such authority (thereafter in this sub-section referred to as the ..... the constitution bench considered the question whether the writ petition filed under article 32 of the constitution for refund of the amount forfeited by the sales tax officer under section 21(4) of the bombay sales tax act, 1953, which, according to the petitioner, was ultra vires the powers of the state legislature should be entertained ignoring the ..... 355 of the constitution had been violated, in as much as the union had failed to protect the state of assam against the external aggression and internal disturbance caused by the huge influx of illegal migrants from bangladesh to assam and went on to hold the 1983 act to be .....