N.KOTISWAR SINGH, NANI TAGIA
Rimi Paul, Wife Of Sri Arabinda Paul – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
N.Kotiswar Singh, J.
Heard Mr. S. Biswas, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI appearing for respondent No.1; Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal for respondent Nos.2 & 4 and Ms. U. Das, learned Additional Senior Government Advocate, Assam for respondent No.3.
2. In this petition, the petitioner has challenged the order dated 06.12.2019 passed by learned Foreigners Tribunal, Tezpur (1st), Assam in F.T.(D) Case No.1410/2012 by which the application of the petitioner filed under Order VIII Rule 1A(3) read with Section of the 151 of Code of Civil Procedure, 1908 (CPC) for production of the certain documents was disallowed by the learned Tribunal on the ground that the petitioner had examined herself and another witness and they have been cross-examined.
3. The documents which the petitioner sought to produce before the learned Tribunal are as follows,
(ii) A photostat copy of certified copy of Electoral Roll for t
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Point of Law : Proof of citizenship – Production of documents - Power of “superintendence” conferred upon the High Court by Art. 227 of Constitution of India is not merely confined to administrative ....
In proceedings regarding nationality, the burden of proof rests solely on the individual. Judicial review is limited to the legality of the decision-making process, and the court cannot function as a....
The burden of proving citizenship lies exclusively with the individual. In supervisory writ jurisdiction, courts cannot substitute their findings of fact for those of the adjudicatory body unless the....
The burden of proving citizenship rests solely on the individual. Writ courts exercising supervisory jurisdiction cannot act as appellate forums to re-weigh evidence, and must limit their review to t....
The burden of proof to establish citizenship under the Foreigners Act, 1946, rests on the proceedee and requires reliable, cogent, and acceptable evidence.
The burden of proving citizenship rests entirely on the proceedee under the relevant statute. In writ jurisdiction, the court acts in a supervisory capacity and will not interfere with factual findin....
The burden of proof lies on the proceedee to establish citizenship, and voter lists must be relied upon in their entirety to prove citizenship.
In citizenship proceedings, the burden of proof rests entirely on the individual. Documentary evidence requires proof of both authenticity and contents through the examination of authors and contempo....
The burden of proving citizenship lies strictly with the individual. Judicial oversight via writ jurisdiction is limited to the decision-making process and does not permit the re-evaluation of factua....
In citizenship disputes, the statutory burden of proof rests entirely on the claimant to provide cogent, contemporaneous evidence of linkage, and judicial review is restricted to the decision-making ....
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