News Of the day

NEWS OF THE DAY

Burden of Proof in case of citizenship is on person who is claiming it: Gauhati HC

Gauhati High Court bench of Justice Manojit Bhuyan and Justice Parthivjyoti Saikia dismissed a writ petition challenging the order of a Foreigners Tribunal declaring a person to be a foreigner by observing that the burden of proving citizenship was on the person making the claim. The petitioner Nur Begum, born in 1986, was declared to be foreigners/illegal migrants of the post-1971 stream by the Foreigners' Tribunal. She had submitted eight documents to establish her citizenship. "As the primary issue in a proceeding under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 relates to determination as to whether the proceedee is a foreigner or not, the relevant facts being especially within the knowledge of the proceedee, therefore, the burden of proving citizenship absolutely rests upon the proceedee, notwithstanding anything contained in the Evidence Act, 1872. This is mandated under section 9 of the aforesaid Act, 1946. In the instant case and as observed above, the petitioner not only failed to discharge the burden but also utterly failed to make proof of the most crucial aspect, that is, in establishing linkage to her projected parents and/or the grandfather", the bench observed.| Nur Begum v. Union of India & Ors.| 18/02/2020

  • By INTO LEGAL WORLD
  • Posted On Tue, 25 Feb 2020 04:33 PM

Passport can only be impounded by the concerned Passport Authorities and not ED: SC

Supreme Court bench of Justice Arun Mishra and Justice Indira Banerjee has held that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. In view of the decision of this Court in Suresh Nanda v. Central Bureau of Investigation, (2008) 3 SCC 674, in which this Court has laid down that Enforcement Directorate has no right to impound the passport, it can only be impounded by the concerned Passport Authorities. As such we are not inclined to interfere with the impugned order" stated the bench. |Assistant Director, Enforcement Directorate Appellant Vs Ashok Ramchander Chugani & Anr. | 18/02/2020

  • By INTO LEGAL WORLD
  • Posted On Mon, 24 Feb 2020 06:13 PM

Allahabad HC annihilates criminal charge sheets against Abdullah Azam Khan

Justice Om Prakash VII of Allahabad High Court annihilates the criminal charge sheets & set aside the cognizance orders against Abdullah Azam Khan alleging promoting hatred between religious group & making false statements, which were being investigated under Sections 171-G IPC and 125 Representation of People Act. The Court quashing the order states since the offences under sections 171-G IPC & 125 RPA are non-cognizable offences, cognizance could not be taken on the charge sheets for aforesaid offences. Hence sections 171-G IPC & 125 Representation of People Act will be liable to set aside. |Abdullah Azam Khan v. State of UP| 20/02/2020

  • By INTO LEGAL WORLD
  • Posted On Mon, 24 Feb 2020 06:12 PM

Flipkart challenges the CCI's order of investigation against it

Flipkart has filed a writ petition in the Karnataka High Court challenging the CCI's order of probing against its business practices after Amazon received an interim stay against this same order just a week ago. The order by CCI for an investigation comes after the complaint was registered by the Delhi Vyapar Mahasangh against these e-commerce firms for spoiling the domestic markets.

  • By INTO LEGAL WORLD
  • Posted On Mon, 24 Feb 2020 06:12 PM

Journalists were banned by the Karnataka legislative assembly speaker

In a significant move by the Karnataka Legislative Assembly speaker Vishweshwar Hegde Kageri, journalists were banned from entering the legislator’s house. This step was taken by looking at the obstacles in the privacy of the legislator house by the electronic media and print media. The notification further stated that there will be a specific session for the media so that they can take the interview of the MLAs.

  • By INTO LEGAL WORLD
  • Posted On Mon, 24 Feb 2020 06:11 PM

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