Supreme Court · 2019 INSC 199 · Decided 14 February 2019

Sirajul Hoque v. The State of Assam & ORS.

Court
Supreme Court of India
Citation
2019 INSC 199 · [2019] 3 S.C.R. 1047
Case number
CRIMINAL APPEAL No. 267/2019
Decided
14 February 2019
Bench
R.F. NARIMAN, VINEET SARAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Evidence Act Section 106

Headnote

Foreigners' Act, 1946: s.9 - Burden of proof - Citizenship status of proceedee - Appellant declared foreigner by the Foreigner's Tribunal holding that there was discrepancy in the name of the grandfather - Upheld by the High Court - On appeal held: throughout the document - However, only discrepancy is found in grand father's name - In some of the documents Kefatullah later became Kematullah and in NRC Registration details of the year 1971, grandfather noted to be Kefatullah - Appellant also produced Permanent

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