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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Page 4 of about 76 results (0.038 seconds)

Feb 01 1966 (HC)

Abdul Majid Vs. Senior Superintendent and anr.

Court : Allahabad

Reported in : 1967CriLJ1223

..... . 35, ''citizenship and naturalisation' is the subject allotted to the ministry of home affairs. it has ..... been further averred that rule 3 of the government of india (transaction of business) rules, 1961, framed by ..... petitioner has acquired the citizenship of pakistan. it may, however, be mentioned here that from the averments made in the affidavit of sri fateh singh, joint secretary to the government of india, ministry of home affairs, it appears that the president of india has framed the government of india (allocation of business) rules, 1961, under article 77(3) of the constitution and by item no .....

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Sep 11 1963 (HC)

Mohammad Sher Khan Vs. Union of India (Uoi) Through the Home Secy. and ...

Court : Allahabad

Reported in : AIR1964All63

..... allegations contained in the plaint. those allegations are that the applicant was an indian citizen at the time of the coming into force of the constitution, that he still continues to be an indian citizen in spite of his having obtained a pakistani passport and that the respondents are illegally ..... indian national and for a permanent injunction to restrain the respondents from deporting him out of india. the allegations in the plaint were that the applicant was a citizen of india at the time when the constitution came into force, that he subsequently went to pakistan and owing to certain circumstances had ..... to return after obtaining a pakistani passport, that he had not lost his indian citizenship and that the respondents were now seeking to deport him out of india.after ..... filing the suit he made an application before the munsif for a temporary injunction to restrain the respondents from deporting him out of india. though an ex parte order of ..... injunction was granted it was vacated after the final hearing on the sole ground that the suit was not maintainable; the civil court had no jurisdiction to decide the question of citizenship and the jurisdiction to do so .....

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Jan 18 1971 (HC)

The State of U.P. Vs. Shamsul Huda

Court : Allahabad

Reported in : 1971CriLJ977

..... 'migration' and deals only with voluntary acquisition of citizenship of a foreign state before the constitution came into force. cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955.section 7(3)(iii) of the ..... it was held that the respondent was a foreigner and was a citizen of pakistan. under section 9(2) of the citizenship act, 1955 the said determination is final. in kulathil mammu v. state of kerala : 1966crilj1217 it had been held:article 9 does not ..... 7(5)(iii) of the foreigners order or violates any provision contained in the foreigners act h notice calling upon him to leave india shall precede before he is prosecuted for the same. the aforesaid decision of the learned single judge was confined to the facts of ..... foreigners order, 1948 reads as under:every foreigner to whom a permit is issued under sub-section (1) or sub-paragraph (2) shall, unless the period indicated in the permit is extended by the central government, depart from india ..... on 5-4-1963 that the respondent had entered into india on a pakistani passport dated 3-4-1963. he had thereafter obtained requisite permit which was to expire on 4-5-1963. the question concerning the citizenship of the respondent was determined by the central government when .....

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Mar 17 2004 (HC)

Subhash Chandra and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1150

..... 9146 of 1978--v.k. jain v. chief justice and ors., considered the question of eligibility, at the time of submitting application for seeking appointment under article 233(2), constitution of india.respondent seek to place reliance on the following observation in the said judgment of satya narain singh (supra) which read :'in our opinion, the rules contemplate that pleaders and ..... a decision on the question arising in the present case, i.e. whether a candidate should continue to be advocate throughout 'selection process', under article 233(2) of the constitution of india. the aforesaid case is distinguishable of facts. supreme court, in para 12 of the above judgment observed :'12. learned counsel for the appellant has also drawn our attention to ..... , submits and expression 'recruitment' and 'appointment' are synonymous and the two, in given context, may of same connotation, he argued that the word 'appointed' appearing in article 233, constitution of india includes both 'appointment' and process of 'recruitment'. it is also argued that expression 'has been for not less man seven years an advocate' is to be interpreted and read as ..... as a judge of a high court, and has submitted that where the constitution makers thought it necessary they specifically provided for counting the period in a high court which was formally in india. articles 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of article 233, and we do not think .....

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Aug 16 1950 (HC)

Badruzzaman Vs. the State

Court : Allahabad

Reported in : AIR1951All16

..... h) of the constitution cannot be curtailed by the act.7. the right to citizenship of india is conferred by article 5 of the constitution and every person who, at the commencement of the constitution, had his domicile in the territory of india or who or whose parents were born in india in indian territory ..... to pakistan in 1948. it follows that he is not an indian citizen and cannot claim the fundamental rights conferred by article 19 of the constitution. it is unnecessary in this view to examine the further argument that act xxiii [23] of 1949, cannot operate to curtail an indian ..... one place to another and (2) the intention to make the destination a place of abode or residence in future. in the context of the constitution, it has the notion of transference of allegiance from the country of departure to the country of adoption. the record shows that the following facts ..... his country by adoption. the application ex. m submitted by badruzzaman to the chief minister of the state for conferment on him of indian citizenship saying that: 'now i do not wish to go back to pakistan' pre-supposes that he had lost his indian nationality and he ..... or who had on that date been ordinarily residing in that territory for not less than five years. according to article 7, however, notwithstanding the fact that the above conditions were fulfilled, a person who had migrated from india .....

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Sep 18 1992 (HC)

Nanha S/O Nabhan Kha Vs. State of U.P.

Court : Allahabad

Reported in : 1993CriLJ938

..... toqueville remarked that a man's passion for equality is greater than his desire for liberty.38. the preamble of the constitution states that the people of india gave to themselves the constitution to secure to all its citizens amongst other things 'equality of status and opportunity.'thus the principle of equality was regarded ..... number of cases quoted with approval the following passage from the case of ajai hasia at page 1866:--unfortunately in early stages of evolution of our constitutional law article 14 came to be identified with the doctrine of classification... in royappa v. state of tamil nadu this court laid bare a new ..... ., air 1991 sc 537 (para 21) the supreme court laid down:--'we have no doubt that the constitution does not envisage or permit unfairness or unreasonableness in ..... as one of the basic attributes of indian citizenship.39. in a recent case of shri lekha vidyar-thi v. state of u.p ..... should also be released. jagjit singh was a captain in the army. at the time of his arrest, he was employed in a delegation in india of a french company. the two other accused were employed in the ministry of defence and army head quarters. it was alleged that they, in .....

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Jan 27 1954 (HC)

Najib Khan Vs. State Through D.M.

Court : Allahabad

Reported in : 1954CriLJ962

..... petitioner has failed to satisfy the court that he had not migrated from india. further, there is no assertion that after migration, the petitioner again acquired indian citizenship in accordance with the proviso to article 7 of the constitution. it must, therefore, be held for the purpose of this petition that ..... is not possible to accept the petitioner's contention that he never migrated from india. evidence cannot be recorded and the question cannot be gone into in detail in these proceedings under article 226 of the constitution. the criminal court has already examined the position and if the petitioner thinks ..... to deport him to pakistan. the proceeding's for deportation are challenged on the allegation that, the petitioner is a citizen of india and consequently section 7 of the influx from pakistan (control) act cannot be applied to him.the question whether the petitioner is or is ..... not a citizen of india is a question of fact. the petitioner contends that he is still a citizen of india, and he never migrated from india. his case in the affidavit is that he left for pakistan because his sister' ..... pakistan regulating movement of persons from one country to the other. thereafter the petitioner was unable to return to india for a month. he, however, obtained a temporary permit and returned to india. the period of that temporary permit lapsed and thereafter the petitioner was prosecuted under the provisions of the influx .....

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Feb 05 2015 (HC)

Rajendra Kumar Gupta Vs. Commissioner of Income-tax (Central)

Court : Allahabad

..... an indian citizen if either such a person or either of his/her parents or any of the grand-parents, was a citizen of india by virtue of the constitution or the citizenship act, 1955 or if such person held, at any time, an indian passport. section 6 provides for immunities in the following terms: ..... board of direct taxes itself has also made it clear that the assessing officer will not be making any inquiry with regard to remittances in the india development bonds received by any person from nris. the central board of direct taxes circular is binding on the authorities working under the act." 14 ..... (49 of 1976),- (a) no non-resident indian or overseas corporate body who or which owns the foreign exchange bonds or any person resident in india to whom a gift of such bonds has been made by such non-resident indian or overseas corporate body, shall be required to disclose, for any ..... september 2012 in writ tax no 432 of 2005 for determination by the full bench: "(a) whether the immunity provided to the bond holder of india development bond in us dollars, under sections 6 and 7 of the remittance of foreign exchange and investment in foreign exchange bonds (immunities and exemptions) ..... turn on the interpretation of the remittances of foreign exchange and investment in foreign exchange bonds (immunities and exemptions) act, 1991 the act and the india development bonds scheme which was notified on 21 september 1991. a division bench of this court, while doubting the correctness of a judgment of an .....

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Nov 06 1952 (HC)

Kulsum Bibi Vs. District Magistrate, Kanpur and anr.

Court : Allahabad

Reported in : AIR1953All178

..... find that there are no facts given in it which would give indian domicile to the children under the provisions of article 7 or 8 of the constitution.under article 7, the children ceased to be indian citizens on migration in the year 1948 after the 1st day of that month. they could, ..... registration with the high commissioner of india in pakistan. consequently the children are not indian citizens and their indian citizenship has not been revived. in these circumstances there can be no ground for issuing directions to the district magistrate and the ..... the children returned under a permit for re-settlement or permanent return. the indian citizenship would also have been maintained by the children had they got themselves registered under article 8 with the diplomatic or consular representative of india in any foreign country. the affidavit does not disclose that there was any such ..... after this finding the bench left open for decision only one question, viz. whether the act of the father in bringing the two children back to india subsequently had the effect of reviving their original indian domicile. time was granted to the petitioner to file a supplementary affidavit to show the circumstances and ..... v. bhargava, j. 1. this is a petition under article 226 of the constitution for issue of a writ of mandamus directing the district magistrate and the superintendent of police of kanpur to refrain from removing .....

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Dec 15 1965 (HC)

Rashid Hasan Roomi Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1967All154; 1967CriLJ309

..... was born of indian parents in the district of fatehpur and has been living since his birth in this country. he was here on 26th january, 1950, when the constitution of india came into force. the petitioner's father syed siddiq hasan migrated to pakistan in 1948 leaving behind the petitioner who was then a minor and his younger brothers and sisters ..... .' 14. we are, therefore, of opinion that on the facts of the present case it will not be reasonable to hold that although the petitioner was domiciled in india on the date when constitution came into force because he happened to be a minor of about 13 or 14 years on that date his domicile must be linked with that of his ..... minor his domicile is linked with that of his father and therefore he cannot be held to have domiciled in india on the 26th january, 1950, when the constitution came into force and as such cannot be held to be a citizen of india. reliance was placed by the learned counsel on the decisions reported in 1954 all lj 156 : (air 1954 all ..... father who had migrated to pakistan in the year 1948 after deserting hini in india.15. the petitioner was born of indian parents in the territory of india. he had his domicile here and at the commencement of the constitution had been ordinarily a resident in the territory of india for more than five years immediately preceding such commencement. hehas been enrolled as a .....

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