Court : Madhya Pradesh
Decided on : Oct-23-1959
Reported in : AIR1960MP381
..... a foreigner, and who has for five years overstayed the term of his visa, and who has done nothing to move the government of india to clear this doubt about his citizenship -- that such a person should, when the deportation it imminent, be permitted to stay on for another term just to move that government ..... writ not to deport them and at least to wait till they get an opportunity to move the government of india under section 9(2) of the indian citizenship act and rule 30 of the citizenship rules, and the latter disposes of their petition. 2. the facts stated above indicate that this is a typical ..... such cases there can be a genuine doubt laised well before the deportation proceedings, as to the citizenship of the persons concerned, and it would be advisable to wait till the matter is decided by the government of india, instead of pushing the persons across the border into a foreign country, from where it would ..... rulings have no application. in re, abdul khader, air 1959 andhra pra. 241 the acquisition or the determination of the indian citizenship of the applicant, was already under the active consideration of the government of india, at the time of the deportation order. the court held that the authorities should wait till the government of ..... krishnan, j. 1. this is a petition under article 226 of the constitution of india by a couple who came to india on a pakistani passport (which was visa-ed) for three months ending on 23-10-1954. either they were successful, in concealing themselves, .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-24-1959
Reported in : AIR1959MP387; 1959CriLJ1337
..... the meaning of the foreigners' act; (ii) whether the respondents had proved that they had not migrated to pakistan; and (iij) whether the district superintendent of police as civil authority constituted under the foreigners order 1948, was competent to pass the order in disobedience to which the respondents have been prosecuted,30. on the first question, the argument of shri malgawa ..... therefore clear that an order under section 3(2)(c) of the foreigners act, 1946, can be issued by the central government.17. article 258 of the constitution provides:'(1) notwithstanding anything in this constitution, the president may, with the consent of the government of a state, entrust either conditionally or unconditionally !o that government or to its officers functions in ..... the relevant dates when the orders against the respondents were passed, meant 'a person who, under the citizenship 07 nationality law for the time being in force in india, was a citizen or national of india'. (see section 2(b) ofthe citizenship act, 1955. pakistan is included in the first schedule.) therefore, there is no manner of doubt that on the day that ..... the foreigners order, 1948, which provides for making an order that a foreigner shall not remain in india. such an order could be passed only by the central government or by the state government. that power could not be delegated to the civil authority constituted under the foreigners order, 1948.it bears repetition that the foreigners order, 1948, does not empower .....Tag this Judgment!