AI Overview...
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Jurisdiction under Foreigners Act - A criminal court has jurisdiction to try offences under the Foreigners Act, including questions of foreigner status and related offences. The court's jurisdiction is determined by the location of the offence and the nature of the offence committed. ALI HUSSAIN VS STATE - Allahabad, Niyaz Mohammed VS State of Rajasthan - Rajasthan, Supreme Court Legal Aid Committee Representing Undertrial Prisoners VS Union of India - Crimes
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Court's Authority to Decide Foreigners' Status - Courts can decide whether an individual is a foreigner, and such decisions impact jurisdiction. The High Court and Supreme Court have the authority to examine evidence to determine if a person is a foreigner under the Foreigners Act. Niyaz Mohammed VS State of Rajasthan - Rajasthan, Registrar, Judicial Commissioners Court VS Fr. Sebastiao Francisco Xavier dos Remedios Monteiro and State - Goa
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Special Courts and Tribunals - Special Courts, once constituted under the Foreigners Act, have exclusive jurisdiction to try offences under the Act. Foreigners Tribunals also have jurisdiction to determine foreigner status, which can influence subsequent proceedings. Supreme Court Legal Aid Committee Representing Undertrial Prisoners VS Union of India - Crimes, Jonglu Ali @ Janglu Ali, S/o Late Haidar Ali @ Haider Ali @ Hayder Ali VS Union Of India - Gauhati, Mustt. Amina Khatun VS Union of India - Gauhati
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Jurisdiction Based on Location of Offence - The primary criterion for jurisdiction is where the offence was committed, not the residence of the accused. Section 177 of the CrPC emphasizes that jurisdiction depends on the location of the offence. Ajay Aggarwal VS Union Of India - Supreme Court
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Offences and Abetment - Offences under the Foreigners Act, including abetment, are tried by courts with jurisdiction over the location of the offence, and proceedings can involve multiple authorities like Tribunals and courts. Md Enamul Hasan VS Union Of India - Patna, Jonglu Ali @ Janglu Ali, S/o Late Haidar Ali @ Haider Ali @ Hayder Ali VS Union Of India - Gauhati
Analysis and Conclusion:
Courts with territorial jurisdiction to try offences under the Foreigners Act are generally those where the offence was committed, including criminal courts and specialized tribunals like Foreigners Tribunals. The Act grants jurisdiction to courts located within the geographical area of the offence, with exclusive jurisdiction often assigned to Special Courts once constituted. Determining whether an individual is a foreigner is also within the jurisdiction of courts or tribunals, which can influence proceedings. Overall, jurisdiction is primarily territorial but also depends on the nature of the offence and the specific proceedings involved.
Search Results for "Which Court has Jurisdiction to Try Offence under Foreigner s Act"
1959 0 Supreme(All) 192 • India - Allahabad
M.C.DESAI
FOREIGNERS ACT - SECTION 14 - CITIZENSHIP ACT, 1955 - SECTION 9(2) - A criminal court has jurisdiction to decide whether an accused ... Section 9(2) of the Citizenship Act, 1955 does not take away the jurisdiction of a criminal court to decide the question of acquisition ... Finding of the Court: The court held tha....
1960 0 Supreme(Guj) 82 • India - Gujarat
J.M.SHELAT
Evidence Act, 1872-Sec. 114-Person entering India on Pakistan Passport-Rebuttable presumption. ... r. 7 of the Foreigners Order 1948 observed that a court having jurisdiction to try an accused for an offence has jurisdiction to ... which would have exclusive jurisdiction to try such an issue. ... He agreed however with the learned tr....
2022 0 Supreme(Gau) 950 • India - Gauhati
N. KOTISWAR SINGH, ARUN DEV CHOUDHURY
) Order, 1964 - Order 1(2) – Burden of proof - Offence Punishable - Protection of life and personal liberty - Special leave to appeal ... Act, 1946 - Section 9, 2(a) - Citizenship Act, 1955 - Section 6A - Citizenship Rules, 2009 - Rule 21, 19, 20 - Foreigners (Tribunals ... Court to be binding on all courts -Whether a proceeding before one Foreigners’ Tribunal can be transferred to anoth....
1964 0 Supreme(Raj) 176 • India - Rajasthan
KAN SINGH, DAVE
Constitution of India, Art. 226—Question whether petitioner is a foreigner needing detailed examination of evidence—High Court will ... to the provisions of Foreigners Act an offence under that Act. ... Act, 1946 was amended by the Foreigners Laws (Amendment) Act, 1957, would amount to an offence under the ....
1969 0 Supreme(Goa) 17 • India - Goa
V.S.JETLEY
He had previously been convicted for a similar offence in 1965. ... Finding of the Court: The court held that the respondent was a foreigner within the meaning of the Act and that the ... The court held that the respondent was a foreigner within the meaning of Section 2(a)(iii) of the Foreigners Act, 1946, as he was ... ju....
• India - Crimes
A.M.AHMADI, B.L.HANSARIA
Court will have jurisdiction to try an offence under the Act. ... Court of Session will have jurisdiction to try any offence committed under the Act; the provisions in the Code notwithstanding. ... But once the Special Court is constituted under section 36 that Court alone would ha....
2020 0 Supreme(Pat) 393 • India - Patna
RAJEEV RANJAN PRASAD
and abetment of the offence punishable under Sections 14, 14A, or 14B of the Foreigners Act, 1946. ... The Court also held that the petitioners did not abet the offence punishable under Sections 14, 14A, or 14B of the Foreigners Act ... Whether the petitioners abetted the offence punishable under Sections 14, 14A, or 14B of the Foreigners#HL_....
2018 0 Supreme(Gau) 866 • India - Gauhati
UJJAL BHUYAN, AJIT BORTHAKUR
Code of Civil Procedure 1908 - Foreigners Act, 1946 - Section 11 - Foreigners (Tribunals) Orders 1964– Quashing ... - Having regard importance issue Court requested - Senior counsel to assist Court as amicus curiae –Held, After enquiry if suspicion ... Foreigners Tribunal opines such person be foreigner question again making reference referral authority to For....
1993 0 Supreme(SC) 481 • India - Supreme Court
R.M.SAHAI, K.RAMASWAMY
The jurisdiction to inquire or try vests under section 177 in the Court in whose local jurisdiction the offence is committed. ... It is thus the commission of offence and not the residence of the accused, which is decisive of jurisdiction. ... Any isolated act or omission committed at Dubai was insufficient to constitute, an offence. ....
2020 0 Supreme(Pat) 504 • India - Patna
RAJEEV RANJAN PRASAD
Foreigners Act, 1946 – Section 14 and 14(C) – Registration of Foreigner Rules 1992 – Rule 14 – Corona Pandemic ... violation – 'BOI' has not come out with any identification as regards these petitioners – No such facts have been placed before this Court ... – Act of identification of foreign nationals would involve collection of some material against them to show their involvement in ... The for....
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