AIR 1961 SUPREME COURT 1522 ::64 Pun LR 171 ::1962 MadLJ(Cri) 368 ::1961 AndhLT 953 ::1962 (1) SCR 776 ::ILR 1961 2 All 385

Supreme Court Of India

(From Allahabad)*

Hon'ble Judge(s): B. P. Sinha, S. K. Das, A. K. Sarkar, K. C. Das Gupta, N. Rajagopala Ayyangar , JJJ

Foreigners Act (31 of 1946) , S.14, S.2(a)(1)— Foreigners Order (1948) , Para.7— (as it was in 1953) - Foreigner, meaning of - Natural born British subject is not foreigner - Paragraph 7 of Foreigners Order applies to foreigner only - Person not foreigner cannot be convicted under S. 14 for breach of Paragraph 7. Any person born within His Majesty's Dominions was deemed to be natural born British subject according to the provision contained in S. 1 (1) (a) of the British Nationality and Status of Aliens Act, 1914. And a British subject so defined by the said British Nationality Act could not be a "foreigner" within the meaning of S./ 2(a) of the Foreigner's Act, 1946 as it stood in 1953. Paragraph 7 of the Foreigners Order, 1948 requires that every foreigner entering India on the authority of a visa issued in pursuance of the Indian Passport Act, 1920, shall obtain from the appropriate authority a permit indicating the period during which he is authorised to remain in India and shall, unless that period is extended, depart from India before its expiry. The foreigner contemplated in this paragraph is a person who was a foreigner on the date of his entry into India.(Para 2 3) A, who was born at Allahabad at a time when it was in His Majesty's Dominion, had earlier left India, returned on a pass....