Judgment Search Results Home > Cases Phrase: illegal migrants determination by tribunals act 1983 section 28 power to make rules Page 1 of about 51 results (0.187 seconds)

Abdul Kuddus Vs. Union of India

Court : Supreme Court of India

..... this reasoning formed the basis to strike down provisions of the illegal migrants (determination of tribunals act, 1983) ( the imdt act for short) as ultra vires the constitution of india, primarily on the ground that the offending act did not contain any provision similar to section 9 of the foreigners act which stipulates that the burden of proof as to whether any person is or is not a foreigner lies upon the said person notwithstanding anything contained in the indian evidence act, 1872. ..... we shall also examine the alternative argument and suggestion of the appellants that this court should by way of a judicial pronouncement and in exercise of page 2 of 27 civil appeal arising out of slp (c) no.23127 of 2018 power under article 142 of the constitution of india provide and create an appellate forum for deciding disputes regarding the citizenship status of persons residing in the state of assam.3. ..... 4 of 27 (i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding; (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a tribunal constituted under the said order having jurisdiction in accordance with such rules as the central government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference. .....

Sarbananda Sonowal Vs. Union of India (Uoi)

Court : Supreme Court of India

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

..... the discussion made above, the writ petition succeeds and is allowed with the following directions:(1) the provisions of the illegal migrants (determination by tribunals) act, 1983 and the illegal migrants (determination by tribunals) rules, 1984 are declared to be ultra vires the constitution and are struck down. ..... been made and promulgated in accordance with the statutory authority, unless the statute directs them to be judicially noticed; (2) in the absence of express statutory provision to the contrary, may inquire whether the rule- making power has been exercised in accordance with the provisions of the statute by which it is created, either with respect to the procedure adopted, the form or substance of the regulation, or the sanction, if any, attached to the regulation ..... , 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 country. ..... was held:.we are not oblivious of the fact that framing of rules is not an executive act but a legislative act; but there cannot be any doubt whatsoever that such subordinate legislation must be framed strictly in consonance with the legislative intent as reflected in the rule-making power contained in section 62 of the act. .....

Babul Khan Vs. State Of Karnataka

Court : Karnataka

..... in this background it is appropriate to note that, in a case reported in (2005) 5 scc174between sarbananda sonowal and union of india, wherein the hon ble apex court in clear terms after detail thorough 17 discussion rejected the bringing of an act called illegal migrants (determination by tribunal) act, 1983, holding that, the act "has created the biggest hurdle and that is an impediment or barrier in the identification and deportation of illegal migrants. ..... (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, not below the rank of a sub-inspector, and any officer of the customs ..... section 5 power of removal also provides the central government may by general or special order, direct the removal of any person from india who, in contravention of any rule made under section 3 of the act, prohibiting entry into india without passport and thereupon any officer of the government shall have all reasonable powers necessary to enforce such direction. .....

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

Court : Supreme Court of India

..... was in this backdrop that a writ petition being writ petition no.131 of 2000 was filed by sarbananda sonowal assailing the constitutional validity of "the illegal migrants (determination by tribunals) act, 1983" and the rules made thereunder.15. ..... if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding; (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a tribunal constituted under the said order having jurisdiction in accordance with such rules as the central government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference. ..... 18 of the counter- affidavit it is stated that the administrative powers in respect of the imdt act have been delegated to the government of assam under section 21 of the aforesaid act. ..... 1969) 1 scc110 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 delay of almost nine years. ..... may console ourselves by saying that the provisions of the limitation act will have only persuasive value but they do not limit the power of this court but the reality is bound to be otherwise .....

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

Court : Supreme Court of India

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

..... in exercise of powers conferred by section 28 of the imdt act, the central government has made the illegal migrants (determination by tribunals) rules, 1984 (hereinafter referred to as 'the rules'). ..... writ petition succeeds and is allowed with the following directions :(1) the provisions of the illegal migrants (determination by tribunals) act, 1983 and the illegal migrants (determination by tribunals) rules, 1984 are declared to be ultra vires the constitution of india and are struck down;(2) the tribunals and the appellate tribunals constituted under the illegal migrants (determination by tribunals) act, 1983 shall cease to function;(3) all cases pending before 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 ..... , after giving the applicant an opportunity to be heard, reject the application ;(b) there are reasonable grounds to believe that the person named in the application is an illegal migrant, the tribunal shall issue a notice accompanied by a copy of the application, to the person named in the application, calling upon him to make, within thirty days from the date of receipt of the notice, such representation with regard to the averments made in the application and to produce such evidence as he may think .....

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

Court : Guwahati

..... 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. ..... 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. ..... 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. ..... 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. ..... accordingly, the petition is accepted, rule is made absolute with the direction stated above by setting aside the impugned judgment, and order. .....

Mahadev Haldar Vs. State of Assam and anr.

Court : Guwahati

..... 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 ..... 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 ..... 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 ..... petitioner was declared as illegal migrant by order dated ..... mahadev haldar is an illegal migrant who came to india after ..... 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. ..... from the order that there is no specific discussion on the evidence led by the prosecution and the tribunal has only from the evidence of state witness stated - 'we are of the view that the o.p ..... the record that the petitioner/appellant was served with a notice issued by the tribunal and date was fixed for 18.12.2001 for service report. ..... reason we hold that the appellant was not given opportunity to defend himself and thus the order passed by the tribunal on 16.3.2002 could not stand and is hereby set aside. .....

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. ..... , civil rule no. ..... we make it clear that if any notice, order or action for deportation of the petitioner is taken either by the state government or police officials, as is alleged by the petition appellant, he may approach this court for redressal of his grievances. .....

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 ..... once it is found that the power exercisable under sections 3 and 4 of the [punjab gram panchayat] act (1952) respectively is legislative in character, the question that arises is whether the state government, while exercising that power, the rule of natural justice is required to be ..... nambiar has shown the highest degree of devotion to american interests for more than 20 years and, with his skills and attitude, will make a valuable addition to the united states....these comments, surely, are favourable to the petitioner in relation to discharge of his duties; but they have also some relevancy and partially support the report of the security ..... , in case of subordinate legislation, the legislature may provide for observance of principles of natural justice or provide for hearing to the residents of the area before making any declaration in regard to the territorial area of a gram sabha and also before establishing a gram sabha for that area. ..... the aforesaid reasons, we are of the view that no opportunity of hearing was required to be given before making declarations either under section 3 or section 4 of the act by the government.21. .....

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

Court : Guwahati

..... a reference was 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 who entered into india after 25.3.1971. ..... all cases pending before the tribunals under the illegal migrants (determination by tribunal) 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) order, 1964. ..... all cases pending before 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) order, 1964. (4). ..... further, the state will not be denuded of its power to proceed under the provisions of the act of 1946 and order of 1964 and to make a reference to the foreigners tribunal for adjudication in respect of a person whose writ petition, challenging the finding of the tribunals constituted under the imdt act that he was an illegal migrant, is allowed by setting aside the order of the tribunal. .....