Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (8) TMI 1904

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... itioner, who is respondent in this appeal, is an Overseas Citizen of India as defined under Section 2 (ee) of The Citizenship Act, 1955 (hereinafter referred to as 'the Act'). It is further submitted by the counsel for appellant (original respondent) that his entry in India was prohibited/blacklisted and hence, the writ petition was preferred by the respondent. During the pendency of the writ petition, the blacklisting order was withdrawn and hence the grievance, ventilated in the writ petition, has been brought to an end. The learned Single Judge has observed in the interim order dated 21 st August, 2018 in W.P.(C) 8455/2018 in paras 4 and 5 as under: "4. It is seen that there are number of cases that are instituted in this Court on acco .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d therefore, in the writ petition, there was no challenge by the original petitioner for any order under Section 7D of the Act, 1955 and hence, the observations in paras 4 and 5 of the order dated 21st August, 2018 in W.P.(C) 8455/2018 was not warranted at all. Even otherwise also, there is no need to give intimation to Overseas Citizen of India cardholders in case of cancellation, for variety of reasons stated in Section 7D of the Act, 1955. All such orders under Section 7D are in the interest of the sovereignty and integrity of India. Sometimes prior intimation is not possible because of various developments in the facts and circumstances of each case. No hard and fast rule can be framed for prior intimation because there is no such statu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nder: "[7D. Cancellation of registration as Overseas Citizen of India Cardholder.- The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that- (a) the registration as an Overseas Citizen of India was obtained by means of fraud, false representation or the concealment of any material fact; or (b) the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution of India, as by law established; or (c) the Overseas Citizen of India has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates