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november 1962

Supreme Court of India · 1962-11-27

FATEH MOHD, SON OF NATHU vs DELHI ADMINISTRATION

Citation / case number
SC 1961/261
Court
Supreme Court of India
Petitioner
FATEH MOHD, SON OF NATHU
Respondent
DELHI ADMINISTRATION
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the appellant, who entered India on a Pakistani passport, became a foreigner under the amended definition of the Foreigners Act, 1946, after January 19, 1957. The Court ruled that he committed an offence under Section 14 of the Foreigners Act by failing to comply with a notice served under Section 3(2) after the amendment. The burden of proof lay on the appellant to demonstrate he was not a foreigner, which he failed to do, leading to the dismissal of his appeal.

FATEH MOHD, SON OF NATHU vs DELHI ADMINISTRATION · Niyam