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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SHAMIMA JAHAN
Maya Das, D/o- Lt Nibaran Chandra Das – Appellant
Versus
Union Of India Rep. By Its Secy., Deptt. Of Home, New Delhi – Respondent
| Table of Content |
|---|
| 1. overview of factual background and tribunal reference (Para 1 , 2 , 3) |
| 2. petitioner's evidentiary claims regarding citizenship (Para 4 , 5 , 6 , 7) |
| 3. respondent's arguments on section 9 burden of proof (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. writ court jurisdiction and burden of proof (Para 17 , 18 , 19 , 20 , 21) |
| 5. assessment of evidence and failure to discharge burden (Para 22 , 23 , 24) |
| 6. requirement of specific reference for family members declaration (Para 25 , 26) |
| 7. final order and disposal of writ petition (Para 27 , 28 , 29 , 30) |
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 24.05.2019 passed by the learned Foreigners Tribunal no.4, Silchar in F.T. Case No. 105/2015. 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. It may however be mentioned that along with the petitioner, her sons Diju Das, Pintu Das and daughters Mukta Das, Sukta Das and Bijoya Das have
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 rests entirely on the individual. In exercising supervisory jurisdiction, the court does not act as an appellate body and will not reweigh evidence or interfere with....
The burden of proving citizenship rests entirely on the individual. A writ court exercising certiorari jurisdiction cannot act as an appellate authority to reweigh evidence; it is limited to reviewin....
The burden of proving citizenship rests entirely on the individual. In exercise of supervisory jurisdiction, the court will not re-evaluate evidence or substitute its findings for those of the tribun....
Under the relevant legislation, the burden of proving citizenship rests entirely on the individual. In writ jurisdiction, the court does not act as an appellate body to re-weigh evidence but only rev....
The burden of proving citizenship lies with the proceedee under the Foreigners Act, 1946; insufficient evidence can lead to a declaration of foreignness.
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