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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Page 2 of about 76 results (0.016 seconds)

Mar 29 1962 (HC)

Union of India (Uoi) and ors. Vs. Yaqub Ali Khan

Court : Allahabad

Reported in : AIR1963All205; 1963CriLJ562

..... that he never migrated to pakistan and, therefore, did not lose his citizenship rights as provided by article 7 of the constitution. he asked the court to declare that he is a citizen of india. 2. both the union of india and the state of uttar pradesh resisted the suit and filed a ..... if so, did ne lose all his citizenship rights? 3. is the suit bad for misjoinder of parties? 4. do the provisions of influx of pakistan act directing deportation of the plaint.ff lead to the infringement of his fundamental rights under the constitution of india? if so, are they void and ultra ..... vires? 5. to what relief, if any, is the plaintiff entitled? 3. the trial court rejected the plaintiffs version that he never intended to migrate to pakistan and disbelieved his witnesses. it held that he did migrate to pakistan and by reason of this conduct lost his citizenship ..... rights as provided under article 7 of the constitution. in appeal learned district judge took a different view of the plaintiff's evidence and believed his witnesses who had ..... of the court is not ousted. in this case the plaintiff contended in his plaint that he had not lost his citizenship by reason of article 7 of the constitution as he had never migrated to pakistan. the defendants in their written statement challenged the veracity of his assertion and alleged .....

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Mar 04 1960 (HC)

Abdul Mannan Khan Vs. Union of India (Uoi) Through the Ministry of For ...

Court : Allahabad

Reported in : AIR1960All565

..... himself recorded as a citizen of india and therefore he applied on 20-8-56 for the grant of certificate of naturalization ..... under act lvii of 1955 and got a notice published in the daily bharat of varanasi dated 9th and 11th december 1956. the afore-said application for citizenship was rejected by the government of india, and information was communicated to the petitioner by office memorandum no. 556 cp/viii-d dated 28-6-57 by the under secretary of the home department ..... of leaving the place. during the 30 years' stay in india he has hardly visited afghanistan six times, and during the last 22 years he probably visited only twice or thrice. after the coming of the constitution, the petitioner considered himself to be a domicile of india and its citizen.when the citizenship act of 1955 came into force, the petitioner thought of getting ..... 5(1)(c) of the constitution of india. it was further contended that it was only the union government, who could direct his deportation and such power could not be exercised by the senior superintendent of police; therefore this writ petition has been filed.2. a revision was also filed by the petitioner under section 6 of the citizenship act, but he received .....

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Sep 26 1951 (HC)

Shabbir HusaIn Vs. the State of U.P. and anr.

Court : Allahabad

Reported in : AIR1952All257

..... india in spite of his temporary visit to pakistan in the year 1948.70 ..... they further observed :'farther more, as we have already observed, article 11 empowers parliament even to terminate citizenship.'but the influx from west pakistan (control) act, 1949 had bten passed before the constitution of india came into force.85. the restrictions might have been considered reasonable if they were to apply only to emigrants to pakistan or other persons of doubtful antecedents; but ..... kind undertaken by the applicant amounts to migration from india to pakistan. in this view of the matter, the applicant cannot be deemed to have lost the citizenship of india. as the applicant at the time of the commencement o the constitution of india had his domicile in india and he was born within the territory of india, the applicant shall be treated as a citizen of ..... with this word in article 7 of the constitution. the main provision of the article therefore means that if a person bad gone from the territory of india to the territory now included in pakistan after l 3-1947 with the intention of shifting his permanent residence from india to pakistan he will lose all his citizenship which could have accrued to him by .....

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Feb 06 1987 (HC)

Sadiq Ali Vs. State of U.P.

Court : Allahabad

Reported in : AIR1990All9

..... be traced for a long time and was ultimately arrested on 8-3-1975 from the house of his father at maghar.4. article 7 of the constitution is as follows:--'7. rights of citizenship of certain migrants to pakistan -- notwithstanding anything in articles 5 and 6, a person who has after the first day of march, 1947, migrated ..... also a minor on 26-1-1950 when the constitution of india came into force but this is of no importance in view of the decision of the supreme court in kulathil mammu v. state of kerala : 1966crilj1217 in ..... resettlement or permanent return issued by orunder the authority of law he shall not be deemed to be a citizen of india in view of art. 7 of the constitution of india. he was thus not a citizen of india on 26-1-1950. it is true that he was a minor in 1948 when he migrated to pakistan and was ..... pakistani pass-port and an indian visa.6. as a decision under s. 9(2) of the indian citizenship act is necessary only in those cases in which a citizen of india on 26-1-1950 has acquired the citizenship of any other country it was obviously not required to be obtained in the case of the applicant who was ..... the applicant was born on 5-6-1932 in village maghar, police station khalilabad in the district of basti and migrated to pakistan in 1948. he came to india on 16-9-1954 on pakistani passport no. 199376 dated 24-7-1954 and indian visa of category c no. 48284 dated 25-8-1954 valid till 24- .....

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Oct 18 1960 (HC)

Saghir Ahmad Vs. State

Court : Allahabad

Reported in : AIR1961All507; 1961CriLJ441

..... , amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.'no ruling has been cited before me in which any contrary opinion has been expressed tegarding the constitutional validity of the aforesaid schedule iii of the citizenship rules.6. i should not be understood as laying downthe proposition that in no case the obtaining ..... in my opinion clause 3 and clauses 5(b) and (d) of schedule iii of tile citizenship rules, which in many cases would result in summarily depriving an indian ..... such acquisition by virtue of section 9(1) of the citizenship act involves automatic termination of indian citizenship. the question is, can an indian citizen be deprived of his fundamental rights (including the right of residing and settling in any part of india, guaranteed by article 19 of the constitution) in this arbitrary and wholly unreasonable fashion?i cannot countenance such a position and .....

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Jan 30 1962 (HC)

Gulam Rasool Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1962All621

..... to pakistan in 1950 and if he migrated in that year before the 26th of january he could never acquire indian citizenship under the constitution of india.under article 7 of the constitution he would be deemed never to have been a citizen of india.it was for the appellant to show that he did not in fact migrate before the 26th of january 1950 ..... only presumption would be that he tried to do so because as a result of migration he never acquired indian citizenship which means that he left india before the 26th of january 1950, and since he migrated to pakistan, article 7 of the constitution became applicable to his case. while such a possibility exists, it is impossible to hold that the appellant was ..... . that however does not militate against his declaration that he migrated to pakistan in 1950. it is quite possible that having, migrated in 1950 and having lost indian citizenship he sneaked into india sometime in 1952 and then continued to live here surreptitiously until he again sneaked back into pakistan in the year 1955. if this happened the facts as given by ..... ever a citizen of india so that even in september, 1956, when he came back to india, even though he might not have acquired citizenship of any other country and might not have become a .....

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May 04 2004 (HC)

Vipul Gupta (Dr.) Vs. State of U.P. Through Secretary, Medical Educati ...

Court : Allahabad

Reported in : (2004)3UPLBEC3070

..... . if the son of an englishman is born upon a journey, his domicile will follow that of his father.'(7) it was argued that under the constitution there can be only a single citizenship for the whole of india, and that it would run counter to that notion to hold that the state could make laws based on domicile within their territory. but ..... within their own territorial jurisdiction subject to constitutional limitations. there is nothing in our constitution like domicile of state, the citizenship and domicile both are different things/article 5 of the constitution deals with citizenship and comicile. for convenience article 5 of the constitution of india is reproduced as under :-'article 5. citizenship at the commencement of the constitution.-at commencement of this constitution every person who has his domicile ..... in the territory of india and(a) who was born in the territory of india; or(b) either of whose parents was .....

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Feb 14 2011 (HC)

Rakesh Singh Vs. Sonia Gandhi

Court : Allahabad

..... and "certificate of naturalization" is the first step to get citizenship. article 11 of the constitution of india has empowered the parliament to form rules for grant of the citizenship. by virtue of article 11, the indian parliament has passed the citizenship act, 1955 which provides the acquisition of citizenship after the commencement of the constitution by way of birth or descent or registration or naturalization or ..... of..................i vouch for the correctness of the statement made by..............................in his application for indian citizenship. signature................................... name ........................................ full postal address...................... ........................................... oath of allegiance i, ...................................................do solemnly affirm and swear in the name of god that i will bear true faith and allegiance to the constitution of india as by law established and that i will faithfully observe the laws of ..... india and fulfill my duties as a citizen of india. signature........................... affirmed/sworn and subscribed this.........day of.............20............before me. *signature.......................... *designation....................... *signature and designation of the officer authorized under rule 38 of the citizenship rules, 2009, before whom the .....

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Jun 26 1959 (HC)

Ali Sher Vs. the State

Court : Allahabad

Reported in : AIR1960All431; 1960CriLJ875

..... there was in the eye of law, indian citizenship. consequently, a person who had migrated to pakistan before 26th of january, 1950 was not a citizen ..... this section are that the person concerned should be at one lime a citizen of india and voluntarily acquire or has voluntarily acquired the citizenship of another country between the 26th january, 1950 and the commencement of the act. before the commencement of the constitution of india the citizens of india were termed as british subjects and it was from the 26th january 1950 that ..... by section 9(2) of this act. sub-section (2) of section 9 shall be read along with sub-section (1). section 9 runs as below:'9. termination of citizenship.-- (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, and the commencement of this act voluntarily acquired, the ..... before 26-1-1950. the first part of the sub-section (1) of section 9 applies to citizens of india voluntarily acquiring the citizenship of another country. this will have reference to the acquisition of citizenship of another country after the commencement of the citizenship act, 1955 and not before this act came into force.the other part is not general, its scope has .....

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May 17 1999 (HC)

Samad Khan Vs. State of U.P. and Others</B>

Court : Allahabad

Reported in : 1999(3)AWC1896

..... is included in pakistan but he was a citizen of india under articles 5 and 6 of the constitution of india, the police, however, at the instigation of some inimical persons is harassing him and threatening to deport and extradite him from india ; the police is extracting illegal consideration and is insisting for a citizenship certificate even though it is not necessary for him to ..... 5 and 6 of the constitution of india and since the petitioner was born in india, he is its natural citizen ; local police has been harassing him and other pakhtoon muslim nationals residing in varanasi and insisting to show them the citizenship certificate even though not required under the constitution ; however, to avoid harassment by local police he applied to the government of west ..... have such a certificate, since he is a natural citizen of india having born here ; since he is an indian citizen, he has a fundamental right under article 19 of the constitution of india to reside and stay in any part of india and to move about under ..... articles 5 and 6 of the constitution ; since he was born in india, therefore, he is an indian national by birth ; the police at the instigation of some of his inimical persons is harassing him and threatening to deport and extradite him from india : the police is extracting illegal consideration and is insisting for a citizenship certificate though it is not necessary for .....

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