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1965 Supreme(Cal) 128

B.C.MITRA
A. H. MAGERMANS – Appellant
Versus
S. K. GHOSE – Respondent


Advocates Appeared:
A.H.Magermans, B.DAS, BISWARUP DAS GUPTA, SUBRATA ROY CHAUDHURI

B. C. MITRA,J.

( 1 ) THE appellant, a Belgian national, came to India on November 23, 1947, as a Roman Catholic Missionary and discharged his duties as such, at Ranchi and Calcutta. In February, 1952, he gave up his missionary activities and commenced a secular life and held several posts in commercial organisations. The Department of Registration of Foreigners was informed in writing by the Jesuit Mission in Calcutta, that the appellant had ceased to be a Christian Missionary and had given up his Missionary and had given up his missionary activities. The appellant came to India on a Belgian passport with a visa for his visit to India given by the Visa Section of the British Embassy at Brussels. The period of the appellant's stay in India, on the visa issued as aforesaid having expired, he applied for extension, but this was not granted. Proceedings were started against him under Section 14 of the Foreigners Act, 1946, before the Additional Chief Presidency Magistrate, Calcutta. On September 22, 1956, the appellant was served with an order directing him not to remain in India after September 25, 1956. On September 22, 1956, the appellant was informed that the said proceedings befo





























































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