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Judgment Search Results Home > Search Phrase: registration of foreigners act 1939 Page 1 of about 527 results (0.011 seconds)

Jun 25 2009 (HC)

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

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 (HC)

Suman Sehgal Vs. Union of India (Uoi) and anr.

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 (SC)

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

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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Oct 06 1978 (HC)

Sonam Tshering Vs. State of Sikkim

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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May 19 1965 (HC)

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

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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May 12 1961 (HC)

Khalil Ahmad Vs. State of U.P.

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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Dec 17 2014 (SC)

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

Court : Supreme Court of India

..... detected will be deleted from the electoral rolls in force. such persons will be required to register themselves before the registration officers of the respective districts in accordance with the provisions of the registration of foreigners act, 1939 and the registration of foreigners rules, 1939.5. for this purpose, government of india will undertake suitable strengthening of the governmental machinery.6. on the expiry ..... detected will be deleted from the electoral rolls in force. such persons will be required to register themselves before the registration officers of the respective districts in accordance with the provisions of the registration of foreigners act, 1939 and the registration of foreigners rules, 1939.5. for this purpose, government of india will undertake suitable strengthening of the governmental machinery.6. on the ..... with the heading "special provisions as to citizenship of persons covered by the assam accord". it provides that the term "detected to be a foreigner" shall mean so detected under the foreigners act and the foreigners (tribunals) order, 1964 framed thereunder. under the said provision a person of indian origin as defined under section 6-a (3) who entered ..... on 8-3-2000 has been filed as annexure r-2 to the counter-affidavit, wherein the minister had said that in the state of assam foreigners tribunals under the foreigners act, 1946 are functioning for detection of illegal migrants, who had come to the state of assam after 1-1-1966 and up to 24-3-1971 .....

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Jul 12 2005 (SC)

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

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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Dec 02 2014 (HC)

Jonathan Baud Vs. State of Kerala

Court : Kerala

..... other incidental or supplementary matters as may appear to the central government necessary or expedient for giving effect to this act." 4. attending any meeting is not seen prohibited anywhere under the rules or under the registration of foreigners act, 1939 or the foreigners act 1946.5. finding that the prosecution is in fact in confusion, the learned director general of prosecution further ..... any meeting in india. during arguments the learned director general of prosecution further submitted that if not under section 14(b) of the act, the prosecution can well proceed under section 5 of the registration of foreigners act 1939. this section provides that any person who contravenes, or attempts to contravene, or fails to comply with, any provision of any rule ..... argued that in view of the definition of 'tourist' under rule 2(j) of the registration of foreigners rules 1992, the petitioner cannot crl.m.c no. ..... made under the act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which .....

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Jan 24 2012 (HC)

N.S. Hoon Vs. Uoi and anr

Court : Delhi

..... 24.8.1987 against the petitioner under section 420 ipcipcipc ,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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