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Judgment Search Results Home  Phrase:registration of foreigners act 1939

Jun 25 2009

Martinez Montsant Joan Vs. Union of India (UOI), Ministry of External ...

  • Decided on : 25-Jun-2009

Court : Andhra Pradesh

Reported in : 2009(5)ALT120

... the petitioner that the petitioner who is already charged under section 5 of the registration of foreigners act, 1939 and the said act covers the entire gamut and arena with regard to registration of foreigners; that by making rule on the same subject of registration of foreigner under the foreigners act, 1946, the petitioners cannot be double charged for the same alleged offence, ... and departing from india. according to section 5 of the registration of foreigners act, 1939 any person who contravenes, or attempts to contravene ... derogation of the provisions of the registration of foreigners act, 1939, the indian passport act, 1920 and of any other enactment for the time being in force. on the other hand, the registration of foreigners act, 1939 provides for the registration of foreigners in india and the aim and object of the said act is to provide for the registration of foreigners entering, being present in, ... above circumstances, the petitioner was charged with violation of rules 11 and 12 of the registration of foreigners rules, 1992, and para 7 of the foreigners order, 1948 and also under section 5 of the registration of foreigners act, 1939 and section 14 of the foreigners act, 1946 and thereafter he was arrested on 4-6-2009 and was sent to ...

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Apr 18 2006

Suman Sehgal Vs. Union of India (UOI) and Anr.

  • Decided on : 18-Apr-2006

Court : Delhi

Reported in : AIR2006Delhi216; [2007]138CompCas988(Delhi); (2006)203CTR(Del)129; 2006(88)DRJ721; [2007]73SCL286(Delhi)

... trading with the enemy (continuance of emergency provisions) act, 1947 (16 of 1947), the foreigners law (application and amendment) act, 1962 (42 of 1962), (the foreign exchange regulation act, 1973 (46 of 1973) and other enactments relating to ... foreigners and foreign exchange.fema is a special law relating to foreign exchange.31. i am ... including fera and laws relating to foreigners and foreign exchange. sections 23 reads as follows:23. act to be in addition to certain enactments. - the provisions of this act shall be in addition to and not in derogation of the provisions of the passport (entry into india) act, 1920 (34 of 1920) (the emigration act, 1983), the registration of foreigners act, 1939 (16 of 1939), the foreigners act, 1946 (31 of 1946), the ...

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Mar 26 1969

Rev. Mons Sebastiao Fransisco Xavier Dos Remedios Monterio Vs. The Sta ...

  • Decided on : 26-Mar-1969

Court : Supreme Court of India

Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; [1970]1SCR87

... force in india were then extended to goa and many regulations and orders were promulgated. among the acts so extended were the citizenship act of 1955, the foreigners act 1946 and the registration of foreigners act, 1939. the central government also promulgated under section 7 of the citizenship act, 1955, the goa, daman and diu (citizenship) order 1962 and as it directly concerns the present matter we ... persons in its territory, whether its own subjects or aliens and can make laws for regulating the entry, residence and eviction of aliens. therefore, the application of the foreigners act, the registration of foreigners act and the orders passed under them, to rev. father monteiro was legally competent. a considerable body of writers on international law support the proposition and it is sufficient ... validity as if made by the central government. rev. father monteiro disobeyed the order, and in consequence was prosecuted under section 14 read with section 3(2)(c) of the foreigners act. he was convicted and sentenced to 30 days simple imprisonment and a fine of rs. 50/- (or 5 days' further simple imprisonment). he appealed unsuccessfully to the court ... after the annexation of goa by india, he had the choice of becoming an indian national or retaining portuguese nationality. he choose the latter and was registered as a foreigner. he also obtained a temporary residential permit which allowed him to stay on in india till november 13, 1964. the period of stay expired and he did not ask ...

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May 12 1961

Khalil Ahmad Vs. State of U.P.

  • Decided on : 12-May-1961

Court : Allahabad

Reported in : AIR1962All383

... india, or if he enters india otherwise than on the authority of transit visa or passport as defined in the registration of foreigners act, 1939 at the place in which he resides in india, a permit indicating the period during which he is authorised to remain in india, and shall, unless the period ... india and obtain a certificate of registration from that officer, in accordance with rule 6. he is further required ... framed thereunder, a foreigner is required to inform the registration officer of his presence in, ... 5 of the registration of foreigners rules makes it incumbent on every foreigner entering india to present in person to the appropriate registration officer prescribed by rule 6 a registration report of his arrival or presence, as the case may be, in india.42. the foregoing provisions of the registration of foreigners rules leave no room for doubt that under the registration of foreigners act and the rules ...

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May 19 1965

A.H. Magermans Vs. S.K. Ghose and Ors.

  • Decided on : 19-May-1965

Court : Kolkata

Reported in : AIR1966Cal552,70CWN82

... india. it was further argued that neither the registration of foreigners act, 1939, nor the rules framed thereunder could ... , be struck down as bad. there is good deal of force in this contention of the learned advocate general. the registration of foreigners act 1939, under which the registration of foreigners rules, 1939 were framed by the central government, is an act to provide for the registration of foreigners in india and for no other purpose. besides, on a plain construction of rule 7(3) of the rules it would ... .57. the learned advocate general contended that the registration certificate conferred no right on a foreigner in violation of the provisions in the foreigners act, 1946, and the registration of foreigners rules, 1939. it was argued that the registration of foreigners rules, 1939, were framed under section 3 of the registration of the foreigners act, 1939, the whole object of which was to provide for the registration of foreigners entering, being present in and departing from ...

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Oct 06 1978

Sonam Tshering Vs. State of Sikkim

  • Decided on : 06-Oct-1978

Court : Guwahati

... in state v. jagat singh air 1956 pepsu 73. both noted and discussed hereinabove, that the registration of foreigners rules, 1939 do not form part of the registration of foreigners act, 1939 and as such do not stand extended along with the extension of the registration of foreigners act, 1939, to sikkim. but i have corrected myself as i have found that the view of our ... patently unauthorised and absolutely without jurisdiction and must be set aside.24. the appeal, therefore, succeeds in respect of the conviction and sentence under section 5 of the registration of foreigners act, 1939, and the conviction and sentence thereunder are set aside. the appeal, however, fails in respect of the conviction and sentence under rule 6 of the indian passport ... territory from tibet without a passport and he has been sentenced to undergo rigorous imprisonment for three months and both the sentences are to run concurrently.2. the registration of foreigners act, 1939, has been extended to sikkim under the provisions of clause (n) of article 371 f of the constitution of india on the 16th of may, 1975, ... extension of the indian passport (entry into india) act, 1920.14. but the registration of foreigners act, 1939 does not contain any such provisions providing that the rules made thereunder shall have effect as if enacted in the act, and, therefore, the registration of foreigners rules, 1939 cannot be regarded as a part of the registration of foreigners act, 1939 on such ground as stated above, i would ...

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Jul 12 2005

Sarbananda Sonowal Vs. Union of India (UOI) and Anr.

  • Decided on : 12-Jul-2005

Court : Supreme Court of India

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

... detected will be deleted from the electoral rolls in force. such persons will be required to register themselves before the registration office of the respective districts in accordance with the provisions of the registration of foreigners act, 1939 and the registration of foreigners rules, 1939.5.5 for this purpose, govt. of india will undertake suitable strengthening of the governmental machinery.5.6 on the expiry of a ... act read as under :-'burden of proof - if any question arises with reference to this act or any order made or direction given thereunder, whether any person is or is not a ... the enactments made for dealing with foreigners. the first enactment governing the foreigners was the foreigners act, 1864, which provided for the expulsion of foreigners and their apprehension, detention pending removal and for a ban on their entry into india after removal. the situation created by the second world war led to promulgation of foreigners ordinance in 1939 which was replaced by foreigners act, 1940. section 7 of this ...

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Jan 24 2012

N.S. Hoon Vs. Uoi and Anr

  • Decided on : 24-Jan-2012

Court : Delhi

... filed on 24.8.1987 against the petitioner under section 420 ipc ,section 7 r/w section 14 of foreigners act, 1946 ,section 3 of registration of foreigners act, 1989 r/w rule 14 of the foreigners rule,1939 framed there under, punishable under section 5 of registration of foreigners act, 1939..7. on 7.1.2003 charges were framed under the above mentioned sections. however, the petitioner was acquitted ... staff regarding the nationality of the petitioner. it has been nowhere recorded that there were no reason to believe that the petitioner had violated the provisions of the registration of foreigners act and the foreign exchange regulations act. the acquittal of the accused was due to want of unflinching evidence and not due to lack of any grounds to proceed against him. hence, the contention ... was under an obligation to declare his nationality in the visitors register kept in the hotel as required under rule 14 of registration of foreigners act. thirdly, it is proved that petitioner stayed in the hotel between 21.4.1987 to 6.5.1987..9. i have heard the petitioner in person and the learned ... and procedure established by the law. the procedure was followed in accordance with the law within the permitted parameters settled by law. cbi was empowered to investigate the case under foreigners act, 1946 and rules framed thereunder. the learned trial court rightly did not found any irregularity in the proceedings against the petitioner..15. regarding the acquittal of the petitioner, there ...

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Jul 12 2012

N.Saravanapavan. Vs. The Chief Immigration Officer And Ors.

  • Decided on : 12-Jul-2012

Court : Chennai

... articles as may be specified in the order."18. besides this, under the registration of foreigners act, 1939 and the rules known as the registration of foreigners rules, 1992, rule nos.5, 6(1) and 7(3) reads as follows:"5.report by foreigners on arrival in and departure from india by land- every foreigner who enters or leaves india by land shall, on being required so to ... do by the registration officer of the place of arrival or departure, as the case ... as follows:13.....the legislative competence of parliament to deal with this question is, we think, clear; and this covers not only section 3(1)(b) of the preventive detention act but also the foreigners act, 1946 (act 31 of 1946) insofar as it deals with the powers of expulsion and the right of the central government to restrict the movements of ... , learned senior central government standing counsel appeared for respondents 1 to 3. she has also filed a counter affidavit on behalf of respondents 1 to 3 sworn to by the foreigners regional registration officer, bureau of immigration, ministry of home affairs, chennai, dated 20.6.2012.3. even as per the admission of the petitioner, he was the srilankan national and admittedly ...

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Sep 11 1969

Gulam Sarwar vs. The State and Ors.

  • Decided on : 11-Sep-1969

Court : Delhi

Reported in : ILR1970Delhi482

... punjab on 18th may, 1964. before his release he was detained under s. 3(2)(g) of the foreigners act. subsequently a case was filed against the petitioner in the court of the sub-divisional magistrate new delhi under s. 5 of the registration of foreigners act 1939 and he was co(3) the petitioner's contention is that the offences for which he is charged ... of the several proceedings launched against the petitioner after his arrest, under the circumstances stated above, his detention under s. 3(2)(g) of the foreigners act and his conviction under s. 5 of the registration of foreigners act 1965 are nto quite relevant so far as the issue for determination of the present petition is concerned, because even according to the petitioner, the present ... is under enquiry by the customs department. these enquiries i submit are expected to be completed soon when a complaint for the contravention of the provisions of the customs act, foreign exchange regulations act read with section 120-b indian penal code . etc. would be filed against the petitioner and others.... the whole conspiracy essentially needs to be investigated in its minutest details and ... present case, the petitioner was convicted by miss sen gupta. s.d.m. delhi on an offence under s. 120-b. indian penal code . read with 135 customs act and s. 23(1)(a) foreign exchange regulations act. in the light of my finding that the petitioner was party to only one conspiracy, he cannto be again tried in the present criminal proceedings for the ...

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