Regions & Countries

India    

Citation

(1957-58) 62 CWN 589

Year Decided

1958    

Court

Calcutta HC    India    

Relevant Legislation (Internal Link)

The Influx from Pakistan (Control) Act, 1949

Summary/Remarks

The court held that Rules relating to Influx from Pakistan Act do not specifically deal with a situation involving persons who have migrated from India to Pakistan before the 1st of March, 1947 and who wish to come back and resettle in India. Those Rules were meant to deal with ordinary movement between the two countries. Instead Article 7 of the Constitution applies, which overrides Article 5.

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