LegalCrystal – Blog

Mere obtaining of passport by person from foreign Government is no ground to hold that his citizenship of India automatically ceases.

A person found to be a citizen of India cannot be treated as foreigner as long as the Central Government does not record a decision to that effect under s.2(9) of Citizenship Act. Section 9(2) does not provide for filing of any application by such person. What the section contemplates is the determination of the question of cessation of citizenship by the Central Government and only upon such determination he would be ceased to be citizen of India. Further, the provision for prescribing rules of evidence, having regard to which the question of acquisition of citizenship of another country has to be deter mined, clearly indicates that the order is not to be made on the mere satisfaction of the authority without enquiry as to whether the citizen concerned has obtained a passport of another country. The authority has also to determine as to whether the person has voluntarily acquired foreign citizenship. The enquiry would be quasi judicial in nature and reasonable opportunity must be afforded to the citizen to convince the authority that what is alleged against him is not true. Thus the termination of Indian citizenship does not merely depend upon the action of a foreign country in issuing a passport.

[2007(4) AKAR (NOC) 533 (MAD)=AIR 2007 Madras 187]

Dear Citizens,

In Indian Penal Code Number of Punishable Offenses are listed as well as the punishments. But here I would like to bring to a Common man’s kind attention crimes which take place around us And many a time the law abiding citizens he/she being unaware of the legal remedy or fearing legal struggle – the criminal is left Scott free.

To-day I would like to discuss with you about “CHEATING” – Legal implication/Legal Requirement etc. etc.

To bring transparency or to have an orderly and safe Society – Citizens should be AWARE – AROUSE and ACT!

According to Section 415 IPC CHEATING means – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “Cheat”.

A dishonest concealment of facts is a deception within the meaning of this section.

If you are Cheated kindly check the following aspects carefully :

To hold a person guilty of cheating as defined under section 415 IPC, it is necessary to show that he/she hadfraudulent or dishonest intention at the time of making the promise with an intention to retain the property. In other words, section 415 of the IPC which defines cheating requires:

• • Deception of any person/Inducing that person to :

• • Deliver any property to any person or

• • To consent that any person shall retain any property or

• • Intentionally inducing that person to do or omit to do anything which he would not do or omit if he/she were not so deceived and which act or omission causes or is likely to cause damage or harm to that person, anybody’s mind, reputation or property.

Crime is an Offence against State – (against Society.)

Citizens can initiate Criminal Proceedings against the Offender by giving Complaint to the jurisdictional Police/Magistrate. Its a legal obligation on the part of a Citizen to give genuine Complaint.

In India its a big taboo if a citizen initiates criminal/civil proceedings!

In many a cases for the shame of having deceived people will not come out with the decision of approaching Court of Law. Mind it so far a law abiding citizen feels its a shame to approach Courts for remedy the Offender will not get ashamed of his Acts. initiating Legal proceedings is a Legal Obligation to get Legal Remedy.

To have an Orderly and Safe Society the Offenders are punished byImprisonment or Fine or both or with Death penalty /Life Imprisonment in several Offences. (For Juvenile Offenders - Counseling done during imprisonment.)

For monetary loss / loss of property suffered by the citizens, they can also approach ( in addition to Criminal Court) various Forums like Consumer Grievance Redressal Forums, Civil Courts etc. Along with the Criminal Case they can also file a Civil case for the loss suffered.

Examples of Cheating :

• • A, by pledging as diamond articles which he knows are not diamond, intentionally deceives , and thereby dishonestly induces z to lend money. A Cheats.

• • A, by exhibiting to z a false sample of an article, intentionally deceives z into believing that the article corresponds with the sample, and thereby dishonestly induces z to buy and pay for the articles. A Cheats.

• • A, by putting counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonesty induces Z to buy and pay for the article. A Cheats.

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