Patna High Court
LEGAL SUBJECT
Immigration and Citizenship Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Gauhati High Court
Unlinked electoral-roll entries do not discharge the proceedee’s burden to prove Indian citizenship.
A reference was made by the Superintendent of Police (Border), Kamrup (M), against Jiarul Sheikh before Foreigners Tribunal No. 4, Kamrup (M), in F.T. Case No. 1078/2017.3 MIN READ↗
Tripura High Court
Court may waive remaining sentence and direct deportation of a foreign national upon the State’s no-objection.
The appellant, a Bangladeshi national, was detained on 6 October 2024 at ABS Railway Station during checking by railway police and BSF personnel.3 MIN READ↗
Tripura High Court
Sentence of a first-time foreign offender may be reduced to custody undergone, followed by deportation.
On 6 October 2024, the appellant, a Bangladeshi national, was detained at Ambassa Railway Station during checking by railway police and BSF personnel after she and another woman allegedly failed to provide satisfactor...3 MIN READ↗
Tripura High Court
Sentence for illegal foreign entrants may be reduced to custody undergone where deportation is directed with State consent.
The appellants, stated to be Bangladeshi nationals, were apprehended by a BSF patrolling party on 27 February 2025 near Srirampur Manu Bridge, Tripura, along with other persons.3 MIN READ↗
Gauhati High Court
Section 9 places the non-shifting burden of proving citizenship on the proceedee.
A reference was made by the Superintendent of Police (Border), Nagaon, alleging that the petitioner was a foreigner, resulting in F.T. Case No. 3279/2011 before Foreigners Tribunal No. 1, Nagaon.3 MIN READ↗
Gauhati High Court
Misreading material evidence warrants setting aside a Foreigners Tribunal opinion and remand for fresh adjudication.
The petitioner challenged the judgment and opinion dated 22 August 2019 of the Foreigners Tribunal No. 2, Kamrup (Rural), Boko, in BFT Case No. 4053/2016, which declared him a foreigner who had entered India after 25...4 MIN READ↗
Gauhati High Court
A 1970 electoral-roll entry establishes presence in India and precludes a post-1971 foreigner declaration.
The petitioner challenged the opinion dated 28 October 2019 passed by the Foreigners Tribunal–XI, Barpeta, in Bpt/11th F.T. Case No. 1468/2017, declaring him a foreigner who entered India post-1971.2 MIN READ↗
Gauhati High Court
An unverified Gaon Panchayat certificate cannot establish linkage to pre-1971 Indian ancestors.
The petitioner challenged the opinion dated 30 November 2019 of the Foreigners Tribunal No. 2, Dhubri, in FT Case No. 679/F/15, arising from Police Reference Case No. 1023/1998, declaring her a foreign national enteri...4 MIN READ↗
Gauhati High Court
Under Section 9, the burden of proving citizenship remains on the proceedee throughout.
A reference was made by the Superintendent of Police (Border), Morigaon, against the petitioner before Foreigners Tribunal No. 1, Morigaon, in F.T. (C) No. 503/2008.4 MIN READ↗
Gauhati High Court
Under Section 9, the proceedee bears the continuing burden of proving they are not a foreigner.
A reference was made by the Superintendent of Police (Border), Nagaon, against Md. Izzat Ali, initiating F.T. Case No. 389/2016 arising out of Police Reference “D” Case No. 2965/1998.4 MIN READ↗
Gauhati High Court
Under Section 9, the burden of proving citizenship remains on the proceedee throughout.
A reference was made by the Superintendent of Police (Border), Morigaon, against the petitioner before Foreigners Tribunal No. 1, Morigaon, in F.T. (C) No. 503/2008.4 MIN READ↗
Gauhati High Court
Under Section 9, the proceedee bears the continuing burden of proving they are not a foreigner.
A reference was made by the Superintendent of Police (Border), Nagaon, against Md. Izzat Ali, initiating F.T. Case No. 389/2016 arising out of Police Reference “D” Case No. 2965/1998.4 MIN READ↗
Gauhati High Court
Courts will not reopen an ex parte illegal-migrant opinion after unexplained decades-long delay.
The petitioner challenged, under Article 226 of the Constitution, the ex parte opinion dated 19 July 1991 passed by the Illegal Migrants (Determination) Tribunal, Dibrugarh, in Case No. DDT 7/89/325-326, declaring him...4 MIN READ↗
Gauhati High Court
Gauhati High Court dismisses citizenship plea, orders inquiry into passport issued while foreigner reference was pending
A reference was made by the Superintendent of Police (B), Hojai, against Ahmed Hussain under the Foreigners Act, 1946, resulting in F.T./L. Case No. 1296/2016 before the Foreigners’ Tribunal, Nagaon Court No. 7, Hojai.4 MIN READ↗
Gauhati High Court
Courts will not reopen an ex parte illegal-migrant opinion after unexplained decades-long delay.
The petitioner challenged, under Article 226 of the Constitution, the ex parte opinion dated 19 July 1991 passed by the Illegal Migrants (Determination) Tribunal, Dibrugarh, in Case No. DDT 7/89/325-326, declaring him...4 MIN READ↗
Gauhati High Court
Gauhati High Court dismisses citizenship plea, orders inquiry into passport issued while foreigner reference was pending
A reference was made by the Superintendent of Police (B), Hojai, against Ahmed Hussain under the Foreigners Act, 1946, resulting in F.T./L. Case No. 1296/2016 before the Foreigners’ Tribunal, Nagaon Court No. 7, Hojai.4 MIN READ↗
Allahabad High Court
Challenge to alleged loss of citizenship lies before the Central Government under Section 9(2) of the Citizenship Act.
The petitioners sought a writ of quo warranto challenging Shri Rahul Gandhi’s right to hold the office of Member of the Lok Sabha from Rae Bareli, alleging that he was not an Indian citizen but a British national.3 MIN READ↗
Gauhati High Court
Courts will not reopen an ex parte illegal-migrant opinion after unexplained decades-long delay.
The petitioner challenged, under Article 226 of the Constitution, the ex parte opinion dated 19 July 1991 passed by the Illegal Migrants (Determination) Tribunal, Dibrugarh, in Case No. DDT 7/89/325-326, declaring him...4 MIN READ↗
Gauhati High Court
A cryptic ex parte opinion requires remand for fresh adjudication despite the proceedee’s defaults.
The petitioner challenged the opinion dated 08.06.2015 passed by the Foreigners’ Tribunal (3rd), Darrang, Mangaldai in F.T. Case No. 2939/12, declaring her a foreigner who had entered Assam and India after 25.03.1971.3 MIN READ↗
Gauhati High Court
Gauhati High Court dismisses citizenship plea, orders inquiry into passport issued while foreigner reference was pending
A reference was made by the Superintendent of Police (B), Hojai, against Ahmed Hussain under the Foreigners Act, 1946, resulting in F.T./L. Case No. 1296/2016 before the Foreigners’ Tribunal, Nagaon Court No. 7, Hojai.4 MIN READ↗
Gauhati High Court
Gauhati High Court dismisses citizenship plea, orders inquiry into passport issued while foreigner reference was pending
A reference was made by the Superintendent of Police (B), Hojai, against Ahmed Hussain under the Foreigners Act, 1946, resulting in F.T./L. Case No. 1296/2016 before the Foreigners’ Tribunal, Nagaon Court No. 7, Hojai.4 MIN READ↗
Gauhati High Court
A cryptic ex parte opinion requires remand for fresh adjudication despite the proceedee’s defaults.
The petitioner challenged the opinion dated 08.06.2015 passed by the Foreigners’ Tribunal (3rd), Darrang, Mangaldai in F.T. Case No. 2939/12, declaring her a foreigner who had entered Assam and India after 25.03.1971.3 MIN READ↗
Gauhati High Court
A cryptic ex parte opinion requires remand for fresh adjudication despite the proceedee’s defaults.
The petitioner challenged the opinion dated 08.06.2015 passed by the Foreigners’ Tribunal (3rd), Darrang, Mangaldai in F.T. Case No. 2939/12, declaring her a foreigner who had entered Assam and India after 25.03.1971.3 MIN READ↗
Delhi High Court
Pre-2021 OCI cardholders entitled to Delhi engineering counselling on par with Indian nationals, Delhi High Court rules
The petitioner, born in Houston, USA, held an OCI card issued on 31 October 2019 and had completed his entire schooling in India, including Class XII from CBSE, Delhi, in 2026.3 MIN READ↗
Karnataka High Court
Private citizen’s silence on an alleged sexual offence cannot attract BNS Section 239 without a statutory duty to report, Karnataka HC rules
The petitioner, owner and operator of Devi Villa Homestay, was arrayed as Accused No.2 in Crime No.34/2026 of Kutta Police Station and C.C. No.575/2026 before the Civil Judge and JMFC, Ponnampet.4 MIN READ↗
Rajasthan High Court
Minor cannot be denied passport for studying abroad merely because divorced father withholds consent, Rajasthan HC rules
The minor petitioner, aged 17 years, applied through his mother for issuance of a passport to pursue studies abroad.3 MIN READ↗
Gauhati High Court
Repeated default despite sufficient opportunity bars remand in a third round of Article 226 proceedings.
The petitioner challenged the opinion dated 20 December 2018 of the Foreigners Tribunal, Jorhat, in FT Case No. 428 of 2005, declaring him a foreigner who had entered Assam from the specified territory after 25 March...3 MIN READ↗
Gauhati High Court
Failure to consider material birth-certificate evidence warrants remand for fresh Foreigners Tribunal determination.
A reference was made by the Senior Superintendent of Police (Border), Guwahati, to the Foreigners’ Tribunal alleging that Md. Sahidul Rahman @ Sahidul Haque, son of Fajrul Sheikh, was a Bangladeshi national who had en...4 MIN READ↗
Gauhati High Court
Declared foreign national who re-entered India after being pushed back not entitled to bail despite prolonged detention, Gauhati High Court rules
The petitioner was declared a foreign national by an ex parte opinion dated 01.09.2009 of Foreigners’ Tribunal No. 1, Goalpara, holding that he had entered Assam from the specified territory after 25.03.1971.4 MIN READ↗No articles match these filters.