MANASH RANJAN PATHAK, SANJAY KUMAR MEDHI
Ajiran Nessa @ Ajeran Nessa, W/o. Idrish Ali – Appellant
Versus
Union Of India, Rep. by Secy. Of The Ministry Of Home Affairs – Respondent
JUDGMENT :
(S.K. Medhi, J.) :
The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 09.08.2019 passed by the learned Foreigners Tribunal No. 8 Barpeta, in F.T. Case No. 151/2018 [Ref- IM(D)T Case no. 10652/98] By the impugned judgment, the petitioner who was the proceedee before the learned Tribunal has been declared to be a foreigner post 25.03.1971.
2. The facts of the case may be put in a nutshell as follows:
(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 03.10.2018 along with certain documents.
(iii) The learned Tribunal after considering the facts and circumstances and taking into account of the provisions of Section 9 of the Foreigners Act, 1946 had come to a finding that the petitioner as opposite party had failed to discharge the burden cast upon her a
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The burden of proof for establishing citizenship under the Foreigners Act, 1946 lies solely with the proceedee, and the evidence must be credible and consistent to meet this burden.
The burden of proof to establish citizenship lies with the proceedee, who must provide cogent and reliable evidence. Documents must be appreciated as a whole, and documentary evidence should be corro....
The burden of proof under Section 9 of the Foreigners' Act, 1946 lies on the proceedee, who must provide cogent and reliable evidence to prove citizenship.
The burden of proving citizenship lies entirely on the proceedee, and failure to provide cogent and reliable evidence results in a declaration of foreign nationality under Section 9 of the Foreigners....
The burden of proof under Section 9 of the Foreigners Act, 1946 lies on the proceedee and does not shift. The written statement must disclose all relevant facts, and failure to do so may lead to adve....
The burden of proof lies with the individual claiming citizenship, under Section 9 of the Foreigners Act, requiring cogent evidence to substantiate the claim.
The burden of proving citizenship is on the proceedee under Section 9 of the Foreigners Act, 1946, and the Writ Court does not review factual determinations of the Tribunal unless procedural impropri....
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 proof to establish citizenship under the Foreigners Act, 1946, rests on the proceedee and requires reliable, cogent, and acceptable evidence.
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....
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