Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... - (1) the provisions of this act or of any rule or order made thereunder shall have effect notwithstanding anything contained in the passport (entry into india) act, 1920 or the foreigners act, 1946 or the immigrants (expulsion from assam) act, 1950 or the passport act, 1967 or any rule or order made under any of the said acts and in force for the time being. ..... section 4 of the imdt act is an overriding provision which lays down that the imdt act or the rule or order made therein shall have effect notwithstanding anything contained in the foreigners act, 1946 or the immigrants (expulsion from assam) act, 1950 or the passport act or any rule or order made thereunder. ..... (2) in particular and without prejudice to the generality of the provisions of sub-section (1), nothing in the proviso to section 2 of the immigrants (expulsion from assam) act, 1950 shall apply to or in relation to an illegal migrant as defined in clause (c) of sub-section (1) of section 3. 8. ..... . the passport (entry into india) act, 1920, the foreigners act, 1946, the immigrants (expulsion from assam) act, 1950 and the passport act, 1967 shall apply to the state of assam ..... . the parliament enacted the immigrants (expulsion from assam) act, 1950 and the statement of objects and reasons thereof reads as under: -'during the last few months a serious situation had arisen from the immigration of a very large number of east bengal residents into assam .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401
..... this contention overlooks the fact that the immigrants (expulsion from assam) act, 1950 (act x of 1950) applied to the territories presently forming part of meghalaya, nagaland and arunachal pradesh. ..... however, by the north-eastern areas (reorganisation) act, 1971, the territories of arunachal pradesh were excluded from the purview of the immigrants (expulsion from assam) act of 1950.62. ..... they also contended that proviso to section 2 of immigrants (expalsion from assam) act, 1950 would also protect them.23. ..... luthra's constitutional and administrative growth of the north-east frontier agency is useful:123456191419191937194719501965administered by the government of assamadministered by government of assam with special safeguards.administered by the governor of assam acting in his discretion independently of the provincial ministry.administered by the assam acting on the advice of the provincial ministry.administered by the president through the governor of assam as his agent acting in his discretion under the general supervision and control of ministry of external affairs.administered as before by the governor as agent of the president ..... assam, as seen from 6a(a), means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985.61. .....
Tag this Judgment!Court : Guwahati
..... . the immigrants (expulsion from assam) act, 1950 (act x of 1950) applied to the territories now ..... of immigrants (expulsion from assam) act, 1950 (act x of 1950) ..... 'assam' in clause (b) of section 3 of the act, 1950 included the territory of arunachal pradesh also, therefore, chakmas having stayed in 'assam' within the meaning of the said act, they cannot be evicted, and therefore, they are all citizens of india within the meaning of section 6a of the citizenship act, ..... iii) whether the impugned annexure 5 order dated 15-2-84 is arbitrary, devoid of reason and violative of the provisions of constitution.point no. (i)16. under section 3 of the citizenship act, 1955 (shortly the 1955 act), every person born in india, on or after the 26-1-1950, but before the commencement of the citizenship (amendment) act, 1985, on or after such commencement and either of whose parents is a citizen of india at the time of his birth, shall be a citizen of india by ..... act, 1971, the territories of arunachal pradesh are excluded from the purview of the act x of ..... relying on the said act, he has stated that under the act, the central government may direct such person or class of persons to remove himself or themselves from india or assam within such time and by such route as may be specified in the order; and give such directions in regard to his or their removal from india or assam as it may consider necessary or expedient, provided that nothing in this section shall apply to any person who on .....
Tag this Judgment!Court : Supreme Court of India
..... (xi) whether the immigrants (expulsion from assam) act, 1950 being a special enactment qua immigrants into assam, alone can apply to migrants from east pakistan/bangladesh to the exclusion of the general foreigners act and the foreigners (tribunals) ..... in as much as this act was struck down, the immigrants (expulsion from assam) act 1950 together with the foreigners act and the foreigners tribunal order of 1964 were now to be the tools in the hands of government to do the job of detecting illegal migrants who ..... immigrants (expulsion from assam) act, 1950 was enacted to protect the indigenous inhabitants of assam ..... is that whereas almost 1,50,000 persons were deported between 1961 to 1965 under the immigrants (expulsion of assam) act, 1950, the number of deportations from 1985 till date is stated to be a mere 2,000 odd. ..... order(s) or direction(s) directing the respondents to treat 1951 as the base year for the purpose of detection and deportation of illegal immigrants in the state of assam; e) a writ in the nature of mandamus or any other appropriate writ(s), order(s) or direction(s) directing the respondents no 1 and 2 to immediately take effective steps towards ensuring the deportation of the illegal immigrants from the territory of india; f) issue rule nisi in terms of prayers (a), (b), (c), (d) and (e) above; g) pass such other ..... of this act says "during the last few months a serious situation had arisen from the immigration of a very large number of east bengal residents into assam. .....
Tag this Judgment!Court : Guwahati
..... shyam that the state is not required to take recourse to the 1964 order for the purpose of detection and deportation of foreigner as by virtue of declaration made by the apex court that the 1983 act is ultra vires, the state can expel the foreigners from the state of assam by taking recourse to the immigrants (expulsion from assam) act, 1950 (in short the 1950 act). ..... the further object of such amendment was to grant the deemed citizenship to those persons of indian origin who came to assam on or after 1st day of january, 1966 but before 25th day of march, 1971 from the specified territories and who have been ordinarily residents in assam ever since and detected to be foreigners in accordance with the provisions of the 1946 act and the 1964 order, provided they register their names as required by the law. 73. ..... for better appreciation, sub-sections (3), (4) and (5) of section 6a of the 1955 act are reproduced below:- (3) subject to the provisions of sub-sections (6) and (7), every person of indian origin who (a) came to assam on or after the 1st 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 .....
Tag this Judgment!Court : Guwahati
..... india) act, 1920, the foreigners act, 1946, the immigrants (expulsion from assam) act, 1950 and the passport act, 1967 shall apply to the state of assam. ..... the constitutional requi9rement of speedy trial and quality disposal of the proceedings before the tribunal, the full bench gave the following directions to the government of india as well as government of assam to: (i) constitute adequate numbers of tribunals within 4 (four) months from today for disposal of the pending proceedings within the time frame set in the 1964 order as amended by 2012 amendment order (ii) appoint persons as members of foreigners tribunals by issuing ..... court, taking note of the ground realities, in sarbananda sonowal (air 2005 sc 2920) (supra), opined that there can be no manner of doubt that the state of assam is facing external aggression and internal disturbance on account of large-scale illegal migration of bangladeshi nationals requiring the union of india to take all measures for protection of the state of assam from such external aggression and internal disturbance as enjoined in article 355 of the constitution of india. 22. ..... that the provisions of the imdt act and the imdt rules were made to give shelter and protection to illegal migrants who came to assam from bangladesh on or after 25.3.1971 ..... provisions have been purposefully so enacted or made so as to give shelter or protection to illegal migrants who came to assam from bangladesh on or after 25.3.1971 rather than to identify and deport them. .....
Tag this Judgment!Court : Guwahati
..... the passport (entry into india) act, 1920, the foreigners act, 1946, the immigrants (expulsion from assam) act, 1950 and the passport act, 1967 shall apply to the state of assam. ..... opportunities, thus resulting in insurgency, the apex court, taking note of the ground realities, in sarbananda sonowal (supra), opined that there can be no manner of doubt that the state of assam is facing external aggression and internal disturbance on account of large-scale illegal migration of bangladeshi nationals requiring the union of india to take all measures for protection of the state of assam from such external aggression and internal disturbance as enjoined in article 355 of the constitution of india. 22. ..... that the provisions of the imdt act and the imdt rules were made to give shelter and protection to illegal migrants who came to assam from bangladesh on or after 25.3.1971 has already been noticed. ..... it was also held that provisions have been purposefully so enacted or made so as to give shelter or protection to illegal migrants who came to assam from bangladesh on or after 25.3.1971 rather than to identify and deport them. ..... upon consideration of materials on record, the tribunal answered the reference in the affirmative holding the petitioners to be illegal migrants, within the meaning of imdt act, who are liable to be deported from india vide judgment and order dated 17.6.2005. 5. .....
Tag this Judgment!Court : Chennai
Reported in : [1999(81)FLR639]; (1999)ILLJ180Mad; (1998)IIIMLJ315
..... worked for 160 days in the 12 calendar months immediately preceding the date of miscarriage;(iii) the first respondent ought to have held that when the act has not made any difference between miscarriage and delivery, there is no warrant to make a distinction in the matter of delivery, the condition for entitlement on benefit between ..... from whom she claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery;provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the state of assam and was pregnant at the time of the immigration ..... now i shall refer to some of the provisions applicable to our case, section 3 of the act defines 'maternity benefit' to mean the payment referred to in sub-section (1) of section 5.section 3(j) defines 'miscarriage' to mean expulsion of the contents of a pregnant uterus at any period prior to or during the twenty- sixth week of pregnancy but does not include any ..... miscarriage, the causing of which is punishable under the indian penal code (45 of 1860)section 4 stipulates that no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.section 5 of the act .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)BomCR161
..... the change has been brought about by the general body of the society which is supreme and the same has come into effect from the date of resolutions and consequent to which the said shri marathe has ceased to have any right to administer the affairs of ..... contempt of court and liable to be punished under order 39, rule 2(a) of the civil procedure code, 1908, and under the contempt of court act for a period of six months and/or their property is liable to be attached and sold for the payment of compensation which may be awarded ..... any change occurs in any of the entries recorded in the register kept under section 17, the trustee shall, within 90 days from the date of the occurrence of such change, report such change to the deputy or assistant charity commissioner, as the case may ..... seven members, who are appellants before this court, not only challenged their expulsion but also questioned the authority of shri marathe to act as a life president of the society. ..... change, this change has been reported to the competent authority under section 22 of the bombay public trusts act, 1950. ..... the subject suit were exclusively triable by the charity commissioner; and, therefore, the jurisdiction of the city civil court was barred by the provisions of section 80 of the bombay public trusts act, 1950. ..... the new president as well as members of the governing council, change reports in this regard were submitted to the charity commissioner as required under section 22 of the bombay public trusts act, 1950. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR555
..... plea their lordships of the supreme court observed;'.......construing articles 14 and 16 in the light of the preamble and article 39(d), we are of the view that the principle 'equal pay for equal work' is deducible from those articles and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification though those drawing the different scales of pay do identical work under the same employer. ..... also made clear that in case the petitioners are paid interest on account of non-compliance of this direction, the amount of interest shall be recoverable from the officer who may be found responsible for the non-compliance of this order.24. ..... his services can be terminated at any time giving one month's notice or he can be removed from service by paying the salary in lieu thereof and the approved allowances or if the period of notice will be less than one month, then he will be paid salary and allowance for the such period, ..... further, i must observe that haryana roadways transport corporation as well as pepsu road transport corporation are creature of statute namely the road transport act, 1950'. ..... involve considerable outlay on the part of the state to provide the necessary facilities, by way of education, health, entertainment, and the like, and the wherewithal for such outlay will come principally, if not entirely, from the citizens.....these rights, it may be added, from the corresponding obligations of the state with guarantees them. .....
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