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Search Results Judgments > Phrase:Registration of Foreigners Act, 1939

Jun 05 1961

Communist Party v. SACB

  • Decided on : 05-Jun-1961

Court : US Supreme Court

... acting as an agent of a foreign principal to file registration statements comprehensively showing his agency activities as is required, for example, by the Foreign Agents Registration Act. [ Footnote 3/2 ] That Act requires the registration of any "person" -- including an individual, partnership, association, corporation, organization, or other combination of individuals -- "who acts or agrees to act ... by [the name of the organization], a Communist organization." Under 11 of the Act, the organization is not entitled to exemption from federal income tax under 101 of the 1939 Internal Revenue Code, and no deduction for federal income tax purposes is allowed in ... registration were the only issue in the case, I would agree at once that Congress has power to require every "person" acting as an agent of a foreign principal to file registration statements comprehensively showing his agency activities as is required, for example, by the Foreign Agents Registration Act. [ Footnote 3/2 ] That Act requires the registration ... Foreign Agents Registration Act. [ Footnote 3/2 ] That Act requires the registration of any "person" -- including an individual, partnership, association, corporation, organization, or other combination of individuals -- "who acts or agrees to act, within the United States, as . . . a public relations counsel, publicity agent, information service employee, servant, agent, representative, or attorney for a foreign principal. . . . [ Footnote 3/3 ]" Referring to that Act ...

Oct 06 1978

Sonam Tshering Vs. State of Sikkim

  • Decided on : 06-Oct-1978

Court : Guwahati

... Act and have stood extended along with the 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 ... Registration of Foreigners Rules, 1939 made under Section 3 of the Registration of Foreigners Act, 1939, are part and parcel' of the Registration of Foreigners Act, 1939, and 'must be treated as exactly as if they were in the Act' and to be 'of the same effect as if contained in the Act'. I have already held that because of the provisions of Section 3(4) in the Indian Passsport (Entry into India) Act ... 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 ... Act, 1920 shall be deemed as if enacted in the said Act and have stood extended along with the 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 ...

Jan 03 2013

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

  • Decided on : 03-Jan-2013

Court : Guwahati

... of detection and deportation of foreigners under the provisions of the Foreigners Act, 1964 Order as well as the 2012 Amendment Order, because of the nature of proceeding as well as the burden cast on the person who is suspected to be a foreigner to prove that he is not a foreigner, by Section 9 of the 1946 Act. The citizenship right is to ... of Arunachal Pradesh and anr. reported in (1996)1 SCC 742. 39. The learned Sr. counsel further submits that the time limit for registration of the said class of foreigners having not been stipulated in the Act but in the Rules, such time limit can even be extended by the registering authority on demonstration of good and sufficient grounds, though Rule ... 238/2008. Accordingly the review petition along with other connected matters, relevant facts of which are discussed below, relating to detection and deportation of foreigners under the provisions of Foreigners Act, 1946 (in short 1946 Act) read with Foreigners (Tribunals) Order, 1964 (in short the 1964 Order), have been placed before this Full Bench for hearing. Relevant facts in Review Petition No.22 ... Foreigners Act are initiated before the Tribunal constituted under the Foreigners Order, 1964 on whom does the burden of proof lie? (ii) Whether the State is required to prima facie satisfy the Tribunal before a person, against whom proceedings are initiated, is called upon to discharge the burden under Section 9 of the Foreigners Act? (iii) Whether the documents prepared under the Census Act ...

Mar 01 1943

Viereck v. United States

  • Decided on : 01-Mar-1943

Court : US Supreme Court

... 1939, promulgated regulations and prescribed a form of "Supplemental Registration Statement." Chapter IV, regulation 12, of the regulations provided: "Agents of foreign principals who engage, whether or not on behalf of their foreign principal, in activities not included among the exceptions set forth in the act and regulations shall be considered subject to the requirement of registration." The prescribed form of Supplemental Registration Statement directed the registrant ... be stated in a supplemental registration statement filed by him with the Secretary of State, in violation of the penal provisions of the Act of June 8, 1938, 52 Stat. 631, as amended by the Act of August 7, 1939, 53 Stat. 1244, requiring the registration of certain agents of foreign principals. The question decisive of ... foreign principals. P. 318 U. S. 240 . 2. The Act of June 8, 1938, as amended by the Act of August 7, 1939, held not to require, or authorize the Secretary of State to require, registrants to make any statement of their activities other than those in which they have engaged "as agent" of a foreign principal ... 1939, 53 Stat. 1244, requiring the registration of certain agents of foreign principals. The question decisive of petitioner's challenge to the validity of his conviction is whether the statute or any authorized regulation of the Secretary required the statement which petitioner omitted to make. Section 2 of the Act of 1938, as amended, provides that every person acting as "agent of a foreign ...

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

... 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, and departing from India. According to Section 5 of the Registration of Foreigners Act, 1939 ... 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, and departing from India. According to Section 5 of the Registration of Foreigners Act, 1939 any person who contravenes, or attempts to contravene or fails to comply with, any provision of any rule made under the Registration of Foreigners Act, 1939 ... Act shall be in addition to, and not in 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 ...

Jun 03 2014

Union of India Vs. Maliakkal Industrial Enterprises

  • Decided on : 03-Jun-2014

Court : Kerala

... Foreign Trade Act. That is apparently taking note of the fact that the import of boric acid for insecticidal purpose would certainly require registration under the Act. In that sense, no doubt, it could be said that merely because there is registration obtained under Section 9 of the Act or because Section 17 of the Act provides that import can be done in terms of the Registration ... for that matter to import boric acid to be used as an insecticide, then in view of section 9 of the Act certainly the must obtain registration under the Act.36. No doubt, under the notification issued under the Foreign Trade Act Foreign Trade Policy is announced, it will then become a statutory instrument. As already noticed, a legal right would accrue to the ... the Act or because Section 17 of the Act provides that import can be done in terms of the Registration, it would still be a matter which is regulated in terms of the law relating to import and export which at the time of the enactment of the Act was contained in the Import and Export Act 1947 and after 1992 the Foreign Trade Act. ... cases issued under Foreign Trade (Development and Regulation) Act 1992 (hereinafter referred to as 'the Foreign Trade Act) is ultravires the provisions of the Act. iii). Whether the imposition of condition that persons, who wish to import insecticide for non-insecticidal purposes, must obtain an import permit from the Central Insecticide W.A. Nos.617/2012 & others 2 Board and Registration Committee is unworkable. ...

May 19 1965

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

  • Decided on : 19-May-1965

Court : Kolkata

Reported in : AIR1966Cal552,70CWN82

... 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 India. It was further argued that neither the Registration of Foreigners Act, 1939 ... 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 India. It was further argued that neither the Registration of Foreigners Act, 1939, nor the Rules framed thereunder could possibly confer a right upon a foreigner ... 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 India. It was further argued that neither the Registration ...

Apr 28 1987

Meese v. Keene

  • Decided on : 28-Apr-1987

Court : US Supreme Court

... CALIFORNIA Syllabus The Foreign Agents Registration Act of 1938 (Act) requires registration, reporting, and disclosure by persons engaging in propaganda on behalf of foreign powers. The Act uses the term "political propaganda" to identify those expressive materials subject to its requirements, and defines the term as, inter alia, any communication intended to influence the United States' foreign policies. Appellee, a ... STEVENS delivered the opinion of the Court. The Foreign Agents Registration Act of 1938, 52 Stat. 631-633, as amended in 1942 and 1966, 22 U.S.C. 611-621 (Act), uses the term "political propaganda," as defined in the Act, to identify those expressive materials that must comply with the Act's registration, filing, and disclosure requirements. The ... (name and address of registrant), which is registered with the Department of Justice, Washington, D.C. under the Foreign Agents Registration Act as an agent of (name and address of foreign principal). Dissemination reports on this film are filed with the Department of Justice, where the required registration statement is available for public inspection. Registration does not indicate ... which the purpose of the Act to inform the public is fulfilled. First, the Act requires films transmitted by foreign agents to be "conspicuously marked" with the name and address of the agent and the foreign principal, and, second, the Act requires dissemination reports for the film and the agent's registration statement to be placed on ...

Mar 15 2013

RECKITT BENKISER INDIA LTD Vs. WYETH LTD.

  • Decided on : 15-Mar-2013

Court : Delhi

... to Section 19(1) (a) that a foreign registration cannot be a ground for seeking cancellation of an Indian registration. 8(i). On a close reading of Section 44 (1) and (2), and taking note of the provision of Section 5(6) of the Act which provides that registration is effective from the date of the application for registration, it is clear that the design registered ... mean that it is the foreign registered design which brings about cancellation of the Indian registered design on the ground of priority. What we mean to say is that it is not as if the foreign registered design continues to be a foreign registered design by virtue of Section 44(1) of the Act, because on registration in India the foreign registered design becomes a design ... under Section 22 of the Act. Of course, we must hasten to add that if there is prior publication abroad before the registration In India by a third party, then in such a case the foreign registered holder will be able to challenge the registration in India i.e in effect, both the Indian registered design owner and the foreign registered design owner can simultaneously ... (1) of the Act, because on registration in India the foreign registered design becomes a design registered in India, albeit having a priority date of the date of the application made in a convention country abroad. This becomes clear when we note an all important expression found under Section 44(1), and which is the registration of the said design under this Act, and which ...

Nov 17 1959

T.A. Mahomed Usman vs. State of Madras represented by Secy. to Govt. o ...

  • Decided on : 17-Nov-1959

Court : Chennai

Reported in : AIR1961Mad129; (1960)IIMLJ290

... time of foreigners' departure from India the permit shall be surrendered by him to the Registration Officer having jurisdiction at the place from which he departs".Section 13 of the Foreigners Act made 'contravention of the provisions of the Act or ... Act, 1920 (XXXIV of 1920) shall obtain from the Registration Officer having jurisdiction, "either at the place at which the said foreigner enters India or if he has entered India otherwise than on the authority of a transit visa or as a tourist as defined in the Registration of Foreigners Rule. 1939 ... Act, 1955 for his registration as a citizen of India, and this was rejected by the Collector on 5-7-1957, who thereafter, passed an order under Section 3 of the Foreigners Act on 16-7-1957 directing the petitioner to leave India within a month from its receipt. Meanwhile, against the orders of the Collector refusing registration ... Tanjore for Registration as an Indian citizen under Section 5(1) of the Citizenship Act, which was rejected.The Collector issued a notice to him on 15-8-1958 under Section 3 of the Foreigners Act directing him ... registration, the petitioner petitioned to the State Government, and the petition was referred to the Government of India.The Government of India rejected the petitioner's application and the Collector of North Arcot was directed to take necessary action against the petitioner for his deportation out of the country. A prosecution has been launched against the petitioner for violation of the Foreigners' Act ...

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