Judgment Search Results Home > Cases Phrase: immigrants expulsion from assam act 1950 section 3 delegation of power Page 1 of about 7 results (0.038 seconds)

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

Court : Supreme Court of India

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

..... 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 ..... in paragraph 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. ..... section 12 confers power upon any authority who has been conferred power to make or give any direction under the act to further delegate to any subordinate authority to exercise such power on its ..... . section 3 confers power on central government to delegate the powers and duties conferred upon it by section 2 to any officers subordinate to the central ..... paragraph 2 it is averred that though the administrative power have been delegated to the government of assam to implement the imdt act but the entire expenditure incurred is being reimbursed by the central government to the government of assam. ..... . 581, the united state supreme court held : 'the power of exclusion of foreigners being an incident of sovereignty belonging to the government of the united states, as a part of those sovereign powers delegated by the constitution, the right to its exercise at any time when, in the judgment of the government, the interests of the country require it, cannot be granted away or restrained on behalf of any .....

State of Arunachal Pradesh Vs. Khudiram Chakma

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. ..... they also contended that proviso to section 2 of immigrants (expalsion from assam) act, 1950 would also protect them.23. ..... special provisions as to the citizenship of persons covered by the assam accord:(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) order 1964 by a tribunal constituted under the said order; (c) 'specified territory' means the territories included in bangladesh immediately before the ..... in exercise of power conferred under section 3 of the said act foreigners order of 1948 dated 10.2.48 was issued. .....

Khudiram Chakma Vs. Union Territory of Arunachal Pradesh and ors.

Court : Guwahati

..... . the immigrants (expulsion from assam) act, 1950 (act x of 1950) applied to the territories now forming the part of meghalaya, nagaland and arunachal pradesh ..... senapati has further stated that '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, 1955.11. mr. a. ..... 3145 ap dated 7-5-1928, the governor general in council, in exercise of power under section 5 of the scheduled district act, 1874, the bengal eastern frontier act was extended to the western section of north east, frontier tract, balipara frontier tract and lakhimpur frontier tract, these three tracts are now part of the territories of arunachal pradesh. ..... . a person shall not be such a citizen by virtue of this section if at the time of his birth, his father possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the president of india and is not a citizen of india; or his father is an enemy alien and the birth occurs in a place then under occupation ..... . in exercise of power conferred by section 3 of foreigners act, 1946 and in supersession of the foreigners order, 1939, the central government by notification dated 10-2-1948 made and issued 'foreigners order, 1948' .....

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

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) order, 1964 made ..... any place outside india, has or have, whether before or after the commencement of this act, come into assam and that the stay of such person or class of persons in assam is detrimental to the interests of the general public of india or of any section thereof or of any scheduled tribe in assam, the central government may by order-- (a) 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 (b) ..... 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. ..... ) 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. ..... power of appointment of vacant staff position has been delegated to member ft based on a transparent selection process by a board headed by deputy .....

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

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 central government, after the aforesaid pronouncement of law by the apex court in sarbananda sonowal(i) (supra), had issued the 2006 order, on 10.02.2006, in exercise of the power conferred by section 3 of the 1946 act, laying down the procedure for disposal of question referred to the tribunal, in clause 3 thereof. ..... it has also been held that the power given to the tribunal under section 11(1) of the industrial disputes (amendment and miscellaneous provisions) act, 1956 to follow such procedure as the arbitrator or other authority concerned may think fit, are of widest amplitude and confer ample power upon the tribunal and other authorities to devise its procedure as the justice of the case demands. ..... the central government in exercise of the power conferred under section 3 of the 1946 act, made the 1964 order for determination, as to whether a person is or is not a foreigner within the meaning of 1946 act, by a tribunal constituted for that purpose. .....

Md. Anowar Ali and Others Vs. The State of Assam and Others

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. ..... 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 his burden to prove that he is not a foreigner ..... it is further stated that the gazette notification dated 10.12.2013 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. ..... . 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 .....

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

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. ..... 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 his burden to prove that he is not a foreigner ..... it is further stated that a gazette notification dated 10.12.2013 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. ..... . 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 .....

Management of Kallayar Estate, Jay Shree Tea and Industries Ltd. Vs. C ...

Court : Chennai

Reported in : [1999(81)FLR639]; (1999)ILLJ180Mad; (1998)IIIMLJ315

..... 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.explanation :- for the purpose of calculating under this sub- section ..... during the six weeks immediately following the day of her delivery or her miscarriage.section 5 of the act runs as follows:'5 ..... 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 .....

Hh and Others Vs. Deputy Prosecutor of the Italian Republic, Genoa and ...

Court : UK Supreme Court

..... consistently with this analysis, section 55 of the borders, citizenship and immigration act 2009 made specific provision which imposed an obligation on the secretary of state to make arrangements to ensure that the welfare of children in the united kingdom should be safeguarded and promoted in the context of immigration, asylum or nationality processes without identical responsibilities being enacted in the context of the exercise of the extradition process. ..... we can, therefore, draw the following conclusions from norris: (1) there may be a closer analogy between extradition and the domestic criminal process than between extradition and deportation or expulsion, but the court has still to examine carefully the way in which it will interfere with family life. ..... of all the many final appeals to which i have been party, truly i have found this to be one of the most troubling, each of the two "powerful and conflicting interests" (per lord wilson at para 150) at stake carrying such obvious weight. ..... of especial child-sensitivity, the weight which sachs j nevertheless places upon the public interest in the punishment of serious domestic crime confirms me in my conclusion, firm if bleak, that the public interest, not identical but no less powerful, in the extradition of ph to italy outweighs the interference with the rights of his children. .....

Emperor Vs. Yarmahomed Ahmedkhan

Court : Mumbai

Reported in : AIR1938Bom338; (1938)40BOMLR483

..... apart from section 27, the only power of externment which is given to the commissioner is under section 28, which has since been repealed and re-enacted in another act, under which a prostitute may be expelled from bombay, but any such order of expulsion is subject to the approval of the governor-in-council. ..... commissioner of police any general power to banish dangerous characters ; and it is relevant to the argument of the advocate general, though not to the construction of the act, to point out that in the statement of objects and reasons for the act published in the bombay government gazette of january 31, 1902, it is stated that in section 27 the provisions of section 46 of bombay act iv of 1890 have been modified so as to give the commissioner of police power to control the influx of famine refugees or other immigrants whose presence may involve risk ..... unlawful designs are entertained by such gang or body or by any member or members thereof, or that an out-break of epidemic disease is likely to result from the continued residence in the city of large numbers of pauper immigrants, the commissioner of police may, by beat of drum or otherwise as he thinks fit, direct the members of such gang or body or such immigrants so to conduct themselves as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease, or to disperse and remove .....