REGENT COMPUTRONICS PVT. LTD.

Rev Mons Sebastlao Francisco Xavier Dos Remedios Monteiro Of Candolim Appellant

V/S

STATE Respondents

Referred Judgements :-

HEYDON S CASE [REFERRED]
SECRETARY OF STATE,FOR INDIA V/S. KAMACHEE BOYEE SAHEBA [REFERRED]
COOK V/S. SPRIGG [REFERRED]
IN RE,MAYFAIR PROPERTY CO. [REFERRED]
EASTMAN PHOTOSRAPHIC MATERIAL CO. V/S. COMPTROLLER GENERAL OF PATENTS,DESINGS AND TRADE MARKS [REFERRED]
LORD WENSLEYDALE IN GREV V/S. PEARSON. [REFERRED]
WORTH A VOLUME OF LOGIC" [REFERRED]
SALAMAN V/S. SECRETARY OF STATE FOR INDIA [REFERRED]
ESHUGBAYI ELEKO V/S. GOVERNMENT OF NIGERIA [REFERRED]
"TIACO V/S. FORBES [REFERRED]
THOMPSON V/S. GOOLD AND CO. [REFERRED]
VISCOUNTESS RHONDDA S CLAIM [REFERRED]
VICTORIA CITY CORPORATION V/S. BISHOP OF VANCOUVER ISLAND [REFERRED]
SHANNON REALTIES LTD. V/S. ST. MICHEL [REFERRED]
VAJESINGHJI JORAVARSINGH V/S. SECRETARY OF STATE [REFERRED]
TINKHAM V/S. PERRY [REFERRED]
P. NESTLE AND CO.,LTD. V/S. INLAND REVENUE COMMISSION [REFERRED]
SAGOON JAYAIDEE DHOND V/S. SOCIEDADE CIVIL E PARTICULAR DOS TARIS OF VOLVOI,PONDA CONCELHO [REFERRED]
VELUSWAMI V/S. RAJA NAINAR [REFERRED]
HARRISON V/S. NORTHERN TRUST CO. [REFERRED]
SHAMRAO V PARULEKAR STATE OF HYDERABAD VS. DISTRICT MAGISTRATE THANA BOMBAY:DISTRICT MAGISTRATE THANA BOMBAY [REFERRED]
HIRO DEVI VS. DISTRICT BOARD SHAHJAHANPUR [REFERRED]
POPPATLAL SHAH PARTNER OF MESSRS INDO MALAYAN TRADING CO THE UNION OF INDIA VS. STATE OF MADRAS [REFERRED]
BENGAL IMMUNITY COMPANY LIMITED VS. STATE OF BIHAR [REFERRED]
R M D CHAMARBAUGWALLA MIS SHARMA MAGAZINE A FIRM HIND SHABDA RACHANA HARIFAI SHRI CHAMAN LAL KHANNA BANNETT COLEMAN AND COMPANY LIMITED VS. UNION OF INDIA [REFERRED]
STATE OF SAURASHTRA VS. SALAM BIN HINDI [REFERRED]
PRESIDENT OF INDIA VS. BERUBARI UNION AND EXCHANGE OF ENCLAVES [REFERRED]
PROMOD CHANDRA DEB BADA KUMAR PRATAP GANGADEB HER HIGHNESS MAHA RAJMATA SURATARANGINI DEBI VS. STATE OF ORISSA [REFERRED]
UNIVERSITY OF DELHI J D TYTLER VIRENDER SAXENA VS. RAM NATH [REFERRED]
STATE OF GUJARAT VS. VORA FIDDALI BADRUDDIN MITHIBARWALA:VORA HAKIMUDDIN TAYABALI AMTHANIWALA:VORA FIDDALI BADRUDDIN MITHIBARWALA:MEHTA KANTILAL CHANDULAL:PATHAN ABBASKHAN AHMEDKHAN [REFERRED]
KANWAR SINGH VS. DELHI ADMINISTRATION [REFERRED]
PEMA CHIBAR ALIAS PREMABHAI CHHIBABHAI TANGAL VS. UNION OF INDIA [REFERRED]
FIRM BANSIDHAR PREMSUKHDAS VS. STATE OF RAJASTHAN [REFERRED]
PAKALA NARAYANA SWAMI VS. EMPEROR [REFERRED]

JUDGEMENT

(1.) The petitioner Father Monteiro was convicted by the learned Judicial Magistrate. Mapusa, for having contravened the order made by the Lt. Governor dated 19th June 1965 under Section 3(2)(c) of the Foreigners Act, 1946 . The sentence imposed upon him under Section 14 of this Act was to undergo simple imprisonment for 30 days and to pay fine of Rs. 50, and in default of payment of fine to undergo in addition simple imprisonment for 5 days. The petitioner lodged an appeal in the Court' of Sessions which appeal was rejected by the learned Sessions Judge by his order dated 2nd February 1966. The petitioner then preferred a second anneal to this Court. The second appeal does not lie and therefore that appeal is being treated as a revision petition under Sections 435 and 439 of the Criminal Procedure Code.

(2.) It is necessary to set out the relevant laws and facts before the merits of the petition are considered. The petitioner is a priest. He was a Portuguese citizen and a national before the territories of Goa Daman and Diu were conquered by India on 20th December 1961, (hereinafter referred to as 'the territories'). The Goa Daman and Diu (Administration) Ordinance 1962, was promulgated by the President of the Union of India and as will appear from its preamble the territories were considered as having been acquired with effect from 20th December, 1961 (hereinafter referred to as 'the appointed day'). They were considered also, by virtue of Article 1 (3) (c) of the Constitution, as having been comprised within the territory of India. This Ordinance was replaced by the Goa, Daman and Diu (Administration) Act, 1962 (No. 1 of 1962). This Act was enacted by Parliament on 27th March 1962. It came into force with effect from 5th March 1962. The Constitution (Twelfth Amendment) Act, 1962 was also enacted by Parliament on the same day. The territories became constitutionally part of India by virtue of this Amendment which was brought into force with back effect from the appointed day. This Amendment followed the physical annexation of the territories belonging to India which had passed into Portuguese hands long long ago.

(3.) Mr. Edward Gardner, Q. C., made the following two submissions along with others which would be discussed little later :-

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REV MONS SEBASTLAO FRANCISCO XAVIER DOS REMEDIOS MONTEIRO OF CANDOLIM Vs. STATE

Referred Judgements :-

JUDGEMENT

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