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Search Results Judgments > Act: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

... 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 ...

Nov 03 2009

Ashok Kumar @ Ashok Prasad son of Sri Chandramauleshwar Prasad Sinha V ...

  • Decided on : 03-Nov-2009

Court : Patna

... requirement of Section 5 of the Registration of Foreigners Act. Thus, it is made clear that no offence under Section 14 of the Foreigners Act is made out against the petitioner that never mean to say that no offence at all is made out against him. It is made more specific that offence under Section 5 of the Registration of Foreigners Act is made against the petitioner ... Counsel for the petitioner is that petitioner was found guilty for not furnishing Form-C which is requirement of Registration of Foreigners Act. Further according to the learned Counsel that Section 14 of the Foreigners Act applies for violation of any of the terms or provision of Foreigners Act. Section 7 of the same imposing obligation on hotel-keepers and others to furnish particular, which runs ... 5.1991. Similarly another Jarman foreigner had come to his hotel on 14.7.1991 and left on 16.7.1991. Submission of the learned Counsel for the petitioner is that petitioner was found guilty for not furnishing Form-C which is requirement of Registration of Foreigners Act. Further according to the learned Counsel that Section 14 of the Foreigners Act applies for violation of ... Lankan foreigners had come to petitioner's hotel on 07.5.1991 and left on 08.5.1991. Similarly another Jarman foreigner had come to his hotel on 14.7.1991 and left on 16.7.1991. Submission of the learned Counsel for the petitioner is that petitioner was found guilty for not furnishing Form-C which is requirement of Registration of Foreigners Act. ...

Sep 07 1960

Smt. Shanno Devi Vs. Mangal Sain

  • Decided on : 07-Sep-1960

Court : Supreme Court of India

Reported in : AIR1961SC58; [1961]1SCR576

... Burma but his petition was disallowed. On the 29th October, 1951, Mangal Sain deposited with the competent authority in Burma the registration certificate granted to him under the Registration of Foreigners Act, 1948, and a few days later he came back to India and since then he has been living in this country ... in Australia, were of opinion, on a consideration of the scheme and subject-matter of their laws in question that the word 'Immigrant' in the Immigrant Registration Act, 1901, and in s. 51 of the Australian Constitution means a person who enters Australia whether or not with the intention of settling and residing ... in the second category had, in addition to having migrated, to be residents for not less than six months preceding the date of the application for registration as citizens which application had to be filed before the date of the commencement of the Constitution. But while the primary provisions in the ... to the provisions of any law that may be made by Parliament. Art. 9 provides that if a person has voluntarily acquired citizenship of any foreign State he shall not be a citizen of India or deemed to be a citizen of India. Art. 7 also denies the right of ... place of abode, and residing here permanently. It has been strenuously contended before us that in coming to this conclusion the High Court has acted arbitrarily and has ignored important evidence which, it is said, showed clearly that the respondent had no intention of residing permanently in India. In considering ...

Oct 29 1999

Mohammed Kunju and Another Vs. State of Karnataka

  • Decided on : 29-Oct-1999

Court : Supreme Court of India

Reported in : AIR2000SC6; 2000(1)ALD(Cri)477; 2000CriLJ165; 1999(4)Crimes320(SC); JT1999(8)SC487; 1999(3)KLT907(SC); RLW2000(1)SC45; 1999(6)SCALE693; (1999)8SCC660

... one Mohan Dharmaraja. He was under indictment for the offences mentioned in Section 466 and 471 of the Indian Penal Code besides a few other offences under the Registration of Foreigners Act and The Passports Act, 1967. He was arrested on 26.11.1995 and remained in jail for nearly thirteen months until he was allowed to be released on bail as per the ... in Madhu Limaye v. Metropolitan Magistrate and Ors. . A three Judge Bench of this Court considered the plea advanced by a surety who was proceeded against as the accused-some foreign nationals-escaped from India. They were students charged with offences of 'trivial nature' in 16 cases altogether. This Court held that in such circumstances 'the ends of justice will be ... held that in such circumstances 'the ends of justice will be met by imposing a token penalty of Rs. 100'. In the present case, though the offences charged against the foreign national are not trivial they are nevertheless not very serious comparatively. The accused slipped out of the country without anybody's knowledge and thereby rendered himself beyond the reach of ... ORDERThomas, J.1. Leave granted.2. Two persons stood as sureties for bailing out a foreign national who was arraigned before a criminal court at Bangalore. But that foreigner, when released from jail, slipped out of India with the result that the two sureties are now in jeopardy. The criminal court proceeded against them for failure to produce the ...

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 ...

Dec 15 1965

Shahadat Vs. Superintendent District Jail and Ors.

  • Decided on : 15-Dec-1965

Court : Allahabad

Reported in : AIR1967All11

... of each of the State the functions of the Central Government under Rule 3 of the Registration of Foreigners Rules, 1939: in making orders of the nature specified in various clauses of Section 3 of the Foreigners' Act, 1946, and under the Foreigners Order 1948, subject to certain conditions. This notification has been issued by the President in ... Act, Foreigners' (Internment) Order and Registration of Foreigners Rules etc.5. The Government of India's Notification No. 4/8/56-(1) F. I., dated the 19th April, 1958, clearly mentioned that the President with the consent of the State Government concerned entrusts to the Government of each of the State the functions of the Central Government under Rule 3 of the Registration of Foreigners Rules, 1939 ... the foreigners and Pakistani nationals is a power which has been vested in him by the Foreigners' (Internment) Order, 1962. Therefore, the fact that when the Government of India entrusted its functions to the State Government in respect of the Foreigners' Act, 1946, and the Foreigners' (Internment) Order, 1962. Sub-clause (g) of Section 3 of the Foreigners' Act ... Foreigners' (Internment) Order, 1962 and the power of arrest which he exercises in respect of the foreigners and Pakistani nationals is a power which has been vested in him by the Foreigners' (Internment) Order, 1962. Therefore, the fact that when the Government of India entrusted its functions to the State Government in respect of the Foreigners' Act, 1946, and the Foreigners ...

Jan 28 1966

Mohd. Raza Dabstani Vs. State of Bombay and Ors.

  • Decided on : 28-Jan-1966

Court : Supreme Court of India

Reported in : AIR1966SC1436; [1966]3SCR441

... registered under the Registration of Foreigners Rules, 1939 as an Iranian national. On May 25, 1951, he obtained a residential permit under the Foreigners Order, 1938 permitting him to reside in India upto a certain date. This permission was extended from time to time at his request. On December 2, 1957 his last request was refused and he was ordered under the Foreigners Act, 1946 to ... the Foreigners Act, 1946 to leave India. On December 14, 1957, he filed a suit in the City Civil Court at Bombay for a declaration that he was a citizen of India and for an injunction restraining the State of Bombay, the Police of Bombay and the Union of India from taking action against him on the footing that he was a foreigner ... . These applications, therefore, furnish evidence that even after 1950 he was not of Indian domicile. We may also mention that after 1950 he obtained a duplicate of his registration certificate under the Foreigners Rules as the original had been lost and in the application for it he described himself as an Iranian national. Then we find that in one of the applications ... to be pointed out that it was open to him then, if he wished to change his nationality, to get himself naturalised as a British Indian subject under the Naturalisation Act of 1926. The only other fact which happened between 1943 and 1949 to which our attention was drawn was that in 1947 he took over a restaurant business on royalty ...

Mar 07 2007

S. Nalini Srikaran Vs. Union of India (UOI), rep. by its Ministry of E ...

  • Decided on : 07-Mar-2007

Court : Chennai

Reported in : AIR2007Mad187; (2007)2MLJ831

... deportation under the Foreigners Act, 1946 as amended by the Foreigners Law (Amendment) Act, 1957. On receipt of the notice Md. Ayub Khan applied to the Collector of Madras for registration as a citizen of India. Later on he applied to the Central Government under Section 9(2) of the Citizenship Act for determination ... passport, he could not be said to have committed an offence under the Foreigners Act. The learned Judge also held that Clauses 3 and 5 of Schedule III Rule 30 of Citizenship Rules making the obtaining of a foreign passport a conclusive proof of acquisition of citizenship of another country are ultra ... the State against the acquittal by the High Court of the respondent-accused who was tried for an offence under Section 14 of the Foreigners Act, 1946 on the ground of his having entered India on 1.4.1955 on a Pakistan passport and having overstayed in India illegally. The ... to Pakistan with the desire or intention to abandon his citizenship of India.(iii) He could not be deemed to be a foreigner even under the Foreigners Laws (Amendment) Act 1957 because the question of renunciation of a citizenship would have to be decided by the Central Government, as a Tribunal ... 1.1992 in Chengalpattu Medical College Hospital at Chengalpattu. Her birth was also registered in Chengalpattu Municipality on 24.1.1992 under the Registration of Births and Deaths Act, 1969. She lived with her mother in the prison. Then in 1998, the Special Court awarded death penalty to all 26 accused, ...

Oct 19 2011

Yaro Khan At Ahmad Shah vs. Union Of India And Ors.

  • Decided on : 19-Oct-2011

Court : Delhi

... . It is not in dispute that appellant had earlier on filed W.P.(Crl.) No.397/1998 challenging an order dated 05.05.1998 issued under Section 3(2) of Foreigners Act 1946 directing appellant to depart from India latest by 15.5.1998.7. In the said writ petition the appellant claimed that he was born in Guwahati on 13.01 ... available in the office of the Registrar of Birth, Government of Nagaland.17. The learned Single Judge has highlighted, and we concur, that the registration obtained pertains to an entry under the Registration of Births and Deaths Act 1969 which Act, as opined by the Division Bench of the Kerala High Court in the judgment reported as 1987 (2) KLT 1028 Usman Vs. Hindustan ... Ltd. did not permit retrospective birth entries being made. Prior thereto births and deaths were required to be registered in the State of Assam under the Births, Deaths and Marriages Registration Act 1886 and we highlight that whether appellant was born in the year 1950 or the year 1952 State of Nagaland did not exist. The territory now comprised in the State ...

Jul 20 2007

Jagmohan Dalmiya Vs. The Board of Control for Cricket in India and Ors ...

  • Decided on : 20-Jul-2007

Court : Kolkata

Reported in : AIR2008Cal227

... associate member of the petitioner in future.2. Respondent BCCI is a Society registered under the Societies Registration Act, 1860 and deemed to be registered under the Tamil Nadu Societies Registration Act, 1975, hereinafter referred to as the 1975 Act by virtue of Section 53 of the said 1975 Act.3. Respondent BCCI, as its name suggests controls the game of cricket in India and exercises ... to the personal account of Shri Jagmohan Dalmiya;Hence from the above it is clear that we have till date not detected any violation of the provisions of the Foreign Exchange Regulation Act, 1973 against PILCOM or against yourself.19. According to the petitioner, the decision taken by the petitioner in the larger interest of Respondent BCCI, to cancel the tender ... the provisions of the Societies Registration Act, 1860 long before enactment of the Tamil Nadu Societies Registration Act, 1975.82. Mr. Kapoor submitted that it was not mandatory to have the Respondent BCCI registered under the 1975 Act. The BCCI was only deemed to be registered under the 1975 Act.Mr. Kapoor argued that there is no provision in the 1975 Act which regulates, in any ... order of expulsion of a member of the club, if prima facie the club had acted without Jurisdiction.72. In support of his argument that Respondent BCCI is a 'Registered Society' within the meaning of the Tamil Nadu Societies Registration Act, 1975. bound by the provisions of the said Act. Mr. Mookerjee relied on the judgments of the Supreme Court in the cases ...

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