Court : House of Lords
..... they carry passengers to a country which they will not be permitted to enter because they have no valid passport or its visa requirements are not satisfied. the immigration (carriers liability) act 1987 requires carriers to make payments to the secretary of state in respect of passengers brought by them by ship or aircraft to the united kingdom without proper documents, currently ..... have then been enforced by the imposition of heavy financial penalties on those transport operators bringing passengers lacking a valid visa where one is required. for example, under the immigration (carriers liability) act 1987, the united kingdom authorities impose a financial penalty of 2,000 per passenger brought without either a valid passport or a visa where one is required. introducing ..... amounting to 2,000 per passenger. (the 1987 act was repealed by the immigration and asylum act 1999, section 169(3) and schedule 16 as from a date to be appointed, and replaced by a new system of carriers liability under sections 40 and 42. but no date for the taking effect of these provisions ..... has yet been appointed.) carriers who carry passengers from the united kingdom without proper documents are exposed .....Tag this Judgment!
Court : House of Lords
..... have then been enforced by the imposition of heavy financial penalties on those transport operators bringing passengers lacking a valid visa where one is required. for example, under the immigration (carriers' liability) act 1987, the united kingdom authorities impose a financial penalty of 2,000 per passenger brought without either a valid passport or a valid visa where one is required. introducing ..... ) are inimical to it. have the states in practice observed such a rule? it seems to me clear that they have not. 28. section 1 of the immigration (carriers' liability) act 1987 provided that where a person requiring leave to enter the united kingdom arrived in this country by ship or by aircraft and failed to produce a visa where required ..... , published in february 1999, showed that all states parties to the schengen convention, plus norway and iceland, who had concluded a parallel convention, had introduced a system of carriers' liability. of 17 western european countries only ireland and switzerland, at that time, had not. there was no evidence before the house to show the effect on prospective applicants for ..... also intended to stop abuse of asylum procedures by preventing people travelling here without valid documents and then claiming asylum before they can be returned'. the logical necessity for carriers' liability to support a visa regime is surely self-evident. why require visas from certain countries (and in particular those from which most bogus asylum seekers are found to come .....Tag this Judgment!
Court : Mumbai
..... personal hearing. 9. it is clarified that we have not permitted learned counsel for the petitioner to raise the challenge to the constitutional validity of section 3 of the immigration (carriers' liability) act. in future , if necessary, it will be open to the petitioner to raise such a challenge. 10. rule is made absolute accordingly to the above extent. ..... on her passport. respondentsauthorities have, therefore, held the petitionerairline, to have contravened the provisions of the passport (entry into india) act, 1920 and the rules thereunder and have imposed penalty of rs.1 lac under section 3 of the immigration (carriers' liability) act,2000. 3. in view of the order that we propose to pass, it is not necessary to set out all the ..... 22 january 2013 of the frro cum civil authorityrespondent no.4, as well as the appellate order by government of india, in the ministry of home affairs, foreigners division (immigration section) dated 5 march 2013 are set aside and respondent no.4 is directed to give fresh hearing to the petitioner. the petitioner will be given atleast two weeks' advance ..... , the petitioner has challenged the order dated 22 january 2013 passed by the ffro cum civil authority, bureau of immigration, mumbai (exh.h) as confirmed by the appellate authority being government of india in the ministry of home affairs, foreigners division (immigration section) through its joint secretary (exh.j). 2. in the impugned orders, respondentsauthorities have held that the petitionerairline .....Tag this Judgment!
Court : Delhi
..... 06.2014 (hereinafter referred to as the impugned order ) passed by respondent no.1. by the impugned order, the appeal preferred under section 4 of the immigration (carriers liability) act, 2000 (hereinafter referred to as the act ) against the order dated 25.11.2013 passed by foreigners regional registration officer (frro) cum civil authority, amritsar respondent no.2, was dismissed by the respondent ..... penalty on the petitioner for the alleged violation of provisions of the passport (entry into india) act, 1920 and rules made thereunder. the allegation against the petitioner was that the petitioner had transported a passenger to amritsar who had not cleared his immigration at the delhi airport; the passenger had been transported without a valid visa. the petitioner states ..... delhi by the return flight, however, this was not done because the said passenger was distressed and had arrived in india on account of demise of his mother. the immigration authorities at amritsar had considered the mitigating circumstances and cleared the passenger. the petitioner submits that in this view, the levy of penalty is onerous and highly disproportionate. in ..... application for condoning the delay of 8 days was filed, however, the said application has not been considered by the respondent.7. although, section 4(2) of the act provides that every appeal be preferred within a period of thirty days, it is also provides that on sufficient cause being shown, the central government may permit the appellant to .....Tag this Judgment!
Court : US Supreme Court
..... port or place," ruled that the ports in the canal zone should be deemed foreign ports in the sense of that act, par. 4, rule 6, immigration laws and rules of 1925, and in 1926 the comptroller general held that, as ports in the canal zone are considered foreign ..... to the seamen of all vessels of the united states when in the canal zone. in 1925, the department of labor, construing a provision in the immigration act of february 5, 1917, c. 29, 39 stat. 874, relating to seamen on board vessels arriving in the united states from "any foreign ..... to extradition and the rendition of fugitives from justice, and in the acts relating to the liability of carriers by railroad for injuries suffered by their employees, act april 22, 1908, page 280 u. s. 181 c. 149, 35 stat. 65; to espionage, act june 15, 1917, c. 30, title 13, 40 stat. 231 ..... of the government, and continued for nine years through six different administrations of that department -- a construction which, though inconsistent with the literalism of the act, certainly consorts with the equities of the case -- should be considered as decisive in this suit. it is a settled doctrine of this court ..... , and to sabotage, act april 20, 1918, c. 59, 40 stat. 533. but the purposes for which these special provisions were made were such that nothing was subtracted thereby from the force of the provisions before mentioned, wherein, for purposes connected with importation, immigration and ocean transportation between the united .....Tag this Judgment!
Court : Delhi
..... is therefore clearly barred by limitation. furthermore, submitted learned senior counsel ms. gita luthra, the single judge overlooked that under the provisions of the 1972 act, a carrier s liability is limited to a sum of 250 francs per kilo gram (equal to us $ 20 per kilo) unless the rfa (os) 18/2007 page ..... decision in trans mediterranean airways vs m/s. universal exports & anr. (2011)10 scc 31.as balanc(ing) the imposition of a presumption of liability on the carrier by limiting his liability ... the (former) house of lords had, in abnett v. british airways plc. 1997 (1) all.er 193.similarly characterized identical terms of uk ..... part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier s liability is limited shall be only the total weight of the package or packages concerned. nevertheless, when the loss, damage or delay of a part of ..... sum is greater than the actual value to the consignor at delivery. (3) as regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger. (4) the sums mentioned in this rule shall be deemed to refer to the french franc consisting ..... of bombay air 195.sc 459.jumma masjid v kodimaniandra air 196.sc 847). the rule was explained crisply in suthendran v. immigration appeal tribunal, (1976) 3 all er 61.(hl) as follows:"parliament is prima facie to be credited with meaning what is said in an .....Tag this Judgment!
Court : Delhi
..... pw 4.but he declined on clarification by enquiry officer, pw4 stated that the pax jhirmal singh reported about extortion of money and misbehaved by immigration officials.19. in the penalty order imposing compulsory retirement upon the petitioner apart from the above testimony and statement of the complainant, no attempt ..... matter to pwe-2., in reply to another query, pw 2 stated that shri jhirmal singh complained to him about abusing and manhandling by the immigration staff. pw-2 further stated on receipt of complaint from shri jhirmal singh, charged official was immediately placed under suspension and initiated disciplinary action against ..... find that the departmental inquiry has been conducted by the inquiry officer and presenting officer in accordance with the laid down procedure in terms of cisf act/rules. during departmental enquiry, statements of 04 prosecution witnesses were recorded in the presence of charged official:a) shri jhirmal singh s/o shri ajit ..... at them resulting to later help him to identify both of them proving that the act of extortion did take place on that day and could not disprove at any point of time in the chronology of the incidence in the framework ..... constable kavita of delhi police and identified the two officials who extorted the money. in-spite of being tired, speaks of an act by these two officials with pax which caused him (pw-1) harm/pain after the interaction of drawing his (pw-1) attention .....Tag this Judgment!
Court : Central Administrative Tribunal (CAT) - Delhi
..... of mind on the part of disciplinary authority, as projected. such contentions are far-fetched and untenable. facts remain the applicant had given immigration clearance to shri tota singh. embarkation card confirmed the said aspect further. in our considered view, there is no misreading of evidence, as projected.7. ..... of evidence and not on mere complaint or statement made by shri m.s.prakash alone, which cannot be read in isolation. merely addressing applicant as immigration clearing officer, the term which had not been used by complainant, would be very insignificant and could not lead to conclusion that there was non-application ..... effect of postponing future increments of his pay, have been challenged.2. admitted facts of the case are that applicant, acio-ii/wt, while working as immigration clearing officer at igi airport on the night intervening 1/2.12.2000, cleared one passenger, namely, shri tota singh, who was leaving for moscow on ..... date of incident as afrro and was supervising applicant's work. he noticed that a custom officer brought a passenger cleared by immigration and was informed that 100 dollars were taken by immigration officer for clearance. on enquiry from said passenger by shri m.s.prakash, applicant was identified by the said pax as ..... 1. in this application, filed under section 19 of administrative tribunals act, 1985, validity of orders dated 17th february, 2004 inflicting penalty of reduction in his pay by one stage in the time scale of .....Tag this Judgment!
Court : US Supreme Court
..... u. s. 47 , 443 u. s. 52 (1979). [ footnote 3/5 ] of course, as the government points out, see brief for petitioners 35-38, 287(a)(1) of the immigration and nationality act provides that ins officers may, without a warrant, "interrogate any alien or person believed to be an alien as to his right to be or to remain in the ..... . the ins methods under review in this case are, in my view, more the product of expedience than of prudent law enforcement policy. the immigration and nationality act establishes a quota-based system for regulating the admission of immigrants to this country which is designed to operate primarily at our borders. see 8 u.s.c. 1151-1153, 1221-1225. see generally developments ..... 17, 1984 466 u.s. 210 certiorari to the united states court of appeals for the ninth circuit syllabus acting pursuant to warrants issued on a showing of probable cause that numerous unidentified illegal aliens were employed at a garment factory, the immigration and naturalization service (ins) conducted two "factory surveys" of the workforce in search of illegal aliens. a third factory ..... , and international law of the house committee on the judiciary, and the subcommittee on immigration and refugee policy of the senate committee on the judiciary, 97th cong., 1st sess., 6 (1981) (statement of attorney general smith); see also developments, 96 harv.l.rev. at 1439. furthermore, the act expressly exempts american businesses that employ undocumented aliens from all criminal sanctions, 8 u .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 54STC226(P& H)
..... and lubricating oils (under its registration certificate) for manufacturing shoes and stores them even for a year or more, no liability for purchase tax under section 9(1)(b) of the act would by itself arise. similarly, even when the purchased materials are used up and absorbed in the manufacture of goods such ..... is issued from the factory but also in respect of sugar which is consumed within the factory. in the case of a sales tax, the liability to tax arises on the occasion of a sale and a sale has no necessary connexion with manufacture or production. the manufacturer or producer cannot ..... were kept in storage in the company's godown in the factory for even a year or two, this would not still attract any purchase tax liability. therefore, neither the original purchase of goods nor the manufacture thereof into the end-product by itself attracts purchase tax and consequently are not even remotely ..... (goods) for sale or custody : usually implying their transit by ship, railway, etc. and in the random house dictionary, as, to ship, as by common carrier, esp. for sale or custody ; to address for such shipment. the relevant meaning of the word 'despatch' in the random house dictionary is a method of effecting ..... liable to pay tax, the goods on which the same is leviable and with some provision lays down the taxable events which would attract the liability of the said purchase tax. it is unnecessary to labour the point because it seems plain on principle that section 9 indeed is the charging .....Tag this Judgment!