M. R. PATHAK, SANJAY KUMAR MEDHI
Shibu Debnath S/o Late Ramesh Chandra Debnath – Appellant
Versus
Union Of India – Respondent
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 02.06.2023 passed by the learned Foreigners Tribunal No.1, Bongaigaon, Assam in F.T. Case No. BNGN/FT/1636/08. 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 Foreigners Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 08.11.2021 along with certain documents before the Foreigners Tribunal No. 1, Bongaigaon on receipt of notice under the above noted 1946 Act from the said Tribunal.
(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
Fateh Mohd. Vs. Delhi Administration
Ghaus Mohammad Vs. Union of India
Central Council for Research in Ayurvedic Sciences and Anr. Vs. Bikartan Das & Ors.
Borhan Ali Vs. Union of India reported in 2018 (4) GauLT 392
The burden of proof to establish citizenship rests on the proceedee, and the evidence presented must be cogent and relevant. Full disclosure of evidence and the requirement to establish a linkage wit....
The burden of proof to establish citizenship lies on the proceedee, and the admissibility of evidence is crucial.
The burden of proof for establishing citizenship rests solely on the individual, as mandated by Section 9 of the Foreigners Act, 1946.
The burden of proof on the proceedee to establish Indian citizenship, the requirement of continuous stay, and the evidentiary value of documents are crucial legal principles established in the judgme....
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 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 proof for citizenship lies with the proceedee, and reliable and acceptable documentary evidence is essential to substantiate oral evidence in matters of citizenship determination.
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 lies with the proceedee under Section 9 of the Foreigners Act, 1946, and the evidence presented must be cogent and relevant. The certiorari jurisdiction o....
The burden of proving citizenship under the Foreigners Act, 1946 lies with the proceedee, and voter lists alone do not establish nationality without supportive evidence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.