...for a writ quashing an order made against him on January 29, 1958, under Section 3(2)(c) of the Foreigners Act, 1946. That order was made by the Chief Commissioner of Delhi and was in these terms...the authority can proceed to pass an order under Section 3(2)(c) of the Foreigners Act, 1946. No doubt if there exists such a material and then the order is made which is on the face of it a valid...and held, “in the present case there was no material at all on the basis of which the proper authority could proceed to issue an order under Section 3(2)(c) of the Foreigners Act, 1946.” In this view...

...1. The validity of an order passed under Section 3 (2) (c) of the Foreigners Act, (XXXI of 1946) as amended in 1957 is impugned before us. 2...definition is that the petitioner being a natural-born British subject as contemplated by Sub-section (1), he could not be regarded as a 'foreigner' within the scope of Section 3 (2) of the ...come with (sic) the definition of a 'foreigner' would stand in the way of the State Government making an order under Section 3 (2) (c) of the Foreigners Act. It is to be...

...right to expel is conferred by Section 3(2)(c) of the Foreigners Act, 1946 on the Central Government and the right to enforce an order of expulsion and also to prevent any breach of it, and the right to...turn to the argument that Section 3(1)(b) is ultra vires because it offends Article 14 of the Constitution. Actually, the attack here is on Section 3(2)(c) of the Foreigners Act but as ...portions of Section 3(1)(b) of the Preventive Detention Act and Section 3(2)(c) of the Foreigners Act, 1946 are intra vires.27. We now turn to a wi...

...pertaining to impugned order under section 3(2)(E) of Foreigners Act 1946 vide G.O.No.S.R. 3/1244-4/2018 dated 24.05.2019 issued by the first respondent and quash the same... ORDER This Writ Petition has been filed challenging the order passed by the first respondent, dated 24.05.2019, under section 3(2)(E) of ...being a Citizen of Srilankan, therefore, the first respondent passed the impugned order under section 3(2)(E) of Foreigners Act, 1946 vide G.O.No.S.R.3/1244-4/2018, thereby, retained him under the...

...the Additional District Magistrate, Mandsaur. The accused in all these cases were prosecuted for an offence under Section 3(2)(c) and 14 of the Foreigners Act, 1946, read with...the accused is a Pakistan national. 7. He further held that powers under Section 3(2)(c) at the Foreigners Act, 1946, vest in the Central Government and...from those upon which the lower Court's order is based. 11. The accused has been charged with the commission of an offence under Section 3(2)(c) read with Section 14 of the ...

...passed only in accordance with the provisions contained in the National Security Act, 1980 and Section 3(2)(e) of the Foreigners Act will have no applicability to such a.... 5. In 1995-2-L.W.(Crl.) 690(2) (cited supra), orders had been passed in exercise of power under Section 3(2)(e) of the Foreigners Act dir...amounted to confinement of the foreigners and therefore the order could be passed only by the Central Government under Section 3(2)(g) of the Foreigners Act and not und...

...exercise of the powers conferred by clause (c) of sub-section (2) of Section 3 of the Foreigners Act, 1946 (Act 31 of 1946), read with Ministry of Home Affairs Notification issued under S...nature specified in clauses (c), (cc), (d), (e) and (f) of sub-section (2) of Section 3 of the Foreigners Act, 1946 (31 of 1946), and(5) under the ...deportation under Section 3(2)(c) of the Foreigners Act. This notification is a complete answer to this objection because the President has under Article 258 lawfully entrusted inter alia to the Government...

..., 394 and 302 read with Section 34 IPC, besides the offence under Section 3(2)(e)(iii) read with Section 14 of the Foreigners Act. They were sentenced to undergo imprisonment for life on ...offence under the Foreigners Act.8. We, therefore, allow these appeals and acquit the appellants under all the counts of offences except under Section 3(2) of the...before this Court for any offence, except perhaps the offence under the Foreigners Act. The wristwatch of the deceased had been sold by A-3 to PW 14. The learned counsel for the State made an endeavour...

...he was about to be enlarged on bail, he was detained by an order under Section 3(2)(g) of the Foreigners Act. It was said that he had to be detained, as police investigation was in progress in...dealing with a petition under Article 32 of the Constitution which had raised the question of the validity of the detention of the petitioner under Section 3 of the Foreigners Act, 1946. The petitioner...petition was dismissed by Khanna, J., on merits. Before the learned Judge, the constitutional validity of Section 3(2)(g) of the Act was not canvassed. The learned Judge held that the section...

...section 14 of the Foreigners Act. 2. The accused-respondent Katwas Khan took 2 pleas for his defence in ..." . Whether the Superintendent of Police bad the authority or delegated power to issue such a notice under section 3 (2) (c) ? 5. Under ...to entrust to any State Government the function of the Central Government for making order under section 3 (2) (c) and under section J2 of the Foreigners Act the State...

...imposed under Section 3(2)(e) of the Foreigners Act, 1946 and para 11(2) of the Foreigners Order, 1948.8. It is contended that it has been close to two yea...has been provided for the same”, there was no opportunity given;secondly, the invocation of provisions of Section 3(2) of the Foreigners Act was also untenable, since...while Section 3(1) of the Foreigners Act empowers the Central Government to make provisions generally with respect to foreigners or any class of foreigners for prohibiting, regulating or restricti...

...that the State of Madhya Pradesh served on them an order dated November 11, 1955, under Section 3(2) of the Foreigners Act, 1946, asking them to leave the country. They contend that this order was...it. The Courts below held that a civil court's jurisdiction to entertain the suit was barred by Section 9 of the Citizenship Act, 1955.2. The appellants had filed the suit...provisions of sub-section (2) of Section 9 of the Citizenship Act. That sub-section is in these terms:“9. (2) If any question arises as to whether, when or how any...

...person.”21. The legislature then enacted the Foreigners Act, 1946 which repealed the 1940 Act. Section 2(a) of this Act defines a “foreigner” and it means ...High Court which set aside the order by observing that there must be prima facie material on the basis of which the authority can proceed to pass an order under Section 3(2)(c) of the Foreigners Act, 1946...Central Government has made the Foreigners (Tribunals) Order, 1964 in exercise of powers conferred by Section 3 of the Foreigners Act. Clause 2(1) of this Order provides that the Central Governmen...

..., 471 of IPC and Section 14(c) of the Foreigners Act; Crime No.23/2020 for the offences under Section 420, 468, 417 r/w 34 of IPC and Section 14(c) of the Foreigners Act; Crime No.127/201...exercising powers conferred by clause (e) of sub- section (2) of Section 3 of the Foreigners Act, 1946 ('Foreigners Act', for brevity) read with Government of India Notification ...Declaration of Human Rights, 1948 and to the International Covenant on Civil and Political Rights, 1966. Further, there is no word like 'detention' in clause (e) of sub-section (2) of Section 3 of the ...

..., 471 of IPC and Section 14(c) of the Foreigners Act; Crime No.23/2020 for the offences under Section 420, 468, 417 r/w 34 of IPC and Section 14(c) of the Foreigners Act; Crime No.127/201...exercising powers conferred by clause (e) of sub- section (2) of Section 3 of the Foreigners Act, 1946 ('Foreigners Act', for brevity) read with Government of India Notification ...Declaration of Human Rights, 1948 and to the International Covenant on Civil and Political Rights, 1966. Further, there is no word like 'detention' in clause (e) of sub-section (2) of Section 3 of the ...

..., 471 of IPC and Section 14(c) of the Foreigners Act; Crime No.23/2020 for the offences under Section 420, 468, 417 r/w 34 of IPC and Section 14(c) of the Foreigners Act; Crime No.127/201...exercising powers conferred by clause (e) of sub- section (2) of Section 3 of the Foreigners Act, 1946 ('Foreigners Act', for brevity) read with Government of India Notification ...Declaration of Human Rights, 1948 and to the International Covenant on Civil and Political Rights, 1966. Further, there is no word like 'detention' in clause (e) of sub-section (2) of Section 3 of the ...

..., 471 of IPC and Section 14(c) of the Foreigners Act; Crime No.23/2020 for the offences under Section 420, 468, 417 r/w 34 of IPC and Section 14(c) of the Foreigners Act; Crime No.127/201...exercising powers conferred by clause (e) of sub- section (2) of Section 3 of the Foreigners Act, 1946 ('Foreigners Act', for brevity) read with Government of India Notification ...Declaration of Human Rights, 1948 and to the International Covenant on Civil and Political Rights, 1966. Further, there is no word like 'detention' in clause (e) of sub-section (2) of Section 3 of the ...

..., 471 of IPC and Section 14(c) of the Foreigners Act; Crime No.23/2020 for the offences under Section 420, 468, 417 r/w 34 of IPC and Section 14(c) of the Foreigners Act; Crime No.127/201...exercising powers conferred by clause (e) of sub- section (2) of Section 3 of the Foreigners Act, 1946 ('Foreigners Act', for brevity) read with Government of India Notification ...Declaration of Human Rights, 1948 and to the International Covenant on Civil and Political Rights, 1966. Further, there is no word like 'detention' in clause (e) of sub-section (2) of Section 3 of the ...

...nationals staying in India without any authority. They Were served with notices to quit India under Section 3(2)(c) of the Foreigners Act of 1946 read with Government of India...27-8-1969. Section 14 of the Foreigners Act is a punishing section and the once committed is the violation of the order under ...India notices served on the petitioners are not orders within the meaning of Section 3(2)(c) of the Foreigners Act. When the petitioners violated that order, undoubtedly an...

...satisfactory solution to the problem. Subsequent to the appearance of the Attorney General on the last occasion, on 20-8-2003, the Government of India passed orders under Section 3(2)(c) of the Foreigners ....4. On 8-9-2003, the Government of India passed a second order under Section 3(2)(e) of the Foreigners Act, 1946 in respect of 13 petitioners including the 8 petitioners herein i...assistance of Mr A. Subba Rao, Advocate-on-Record.2. We have been taken through a wealth of materials to indicate what would be the appropriate steps which could be directed to be...