M. R. PATHAK, SANJAY KUMAR MEDHI
Aitullah Paramanik S/o Late Abu Bakkar @ Bakkar Ali – 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 21.06.2018 passed by the learned Foreigners Tribunal (2nd), Nalbari, in F.T.(NAL) Case No. 21/2017. 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 under Section 9 of the Foreigners Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 21.02.2017 along with certain documents in said FT(NAL) Case No. 21/2017 before the learned Foreigners Tribunal (2nd), Nalbari.
(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 part
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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 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....
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 proof to establish citizenship lies with the proceedee, and the evidence provided must be cogent and relevant 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 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 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 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 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....
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