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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Page 5 of about 76 results (0.019 seconds)

Dec 21 1953 (HC)

Mst. Allah Bandi and anr. Vs. Govt. of Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1954All456

..... cancelled. 3. two points have been urged in this connection: whether a permanent permit issued for resettlement in india in accordance with the provisions of article 7 of the constitution can be cancelled by the authorities issuing the same on the ground that the permanent permit had been obtained by ..... conceptions: (1) going from one place to another and (21 the intention to make destination a place of abode or residence in future.' in the constitution it means the transference of allegiance from the country of departure to the country of adoption. in -- 'shabbir husain v. state of u. p ..... the constitution. the main provision of the article therefore means that if a person has gone from the territory of india to the territory now included in pakistan after 1-3-1947 with the intention of shifting his permanent residence from india to pakistan he will lose all his citizenship which ..... an application on behalf of two young women, allah bandi, aged 20 years, and khatopn, aged 16 years, under article 226 of the constitution that they were being illegally deported to pakistan. 2. the facts of the case now more or less admitted by counsel and established from ..... could have accrued to him by his coming within the terms of article 5.' the same view has been taken by a bench of the patna high court in -- 'sayeedah khatoon v. state of bihar', : air1951pat434 . we are, therefore, not satisfied that the two petitioners migrated to pakistan, or could in law migrate, when they left india .....

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Apr 11 1957 (HC)

Azizun Nisa and ors. Vs. Asst. Custodian and ors.

Court : Allahabad

Reported in : AIR1957All561

..... absolute and not conditional and this fact distinguishes the present case from the canadian case. 7. section 104 of the government of india act was amended by the india (provisional constitution) order 1947, which came into effect on 15-8-1947; but the amendment did not affect the relevant provisions of section ..... not the same as a person who has given up the indian citizenship. aperson might not have lost indian' citizenship but still might have become an evacuee within the meaning of the act no. xxxi, the word 'migrated' is used in the constitution but not in the act no. xxxi, which, instead, uses ..... on a passport obtained by her as a pakistan national. if she had not given up her indian citizenship, she was an indian national and she was to return to india as such, having obtained a pass-port as a pakistan national she is estopped from contending that she is ..... been created with overlapping territorial jurisdictions, each has not been given unlimited legislative powers but only one has been given such powers. under our constitution the union has the residuary powers of legislation; so also in canada and burma. in america and australia the residuary powers vest in the ..... the word 'left'. no question of intention arises; the only thing to be seen is in what circumstance's or why the person left india .....

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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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Mar 13 2003 (HC)

Raghu Raj Pratap Singh Alias Raja Bhaiya Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(3)AWC2106

..... from continuing as such member. dr. misra has referred to the provision contained under articles 174 175 189 191 and 194, of the constitution of india, so as to highlight his argument that right and privilege of freedom of speech, referred to in article 194(1) are subject only to ..... the progress of a mature society.'that was the case where the detenu had complained against putting of unreasonable iron fetters while in jail. likewise, a constitutional bench in sunil batra v. delhi administration : 1978crilj1741 , stated as under :'it is no more open to debate that convicts are not wholly ..... enjoys some of his freedoms guaranteed under article 19(1) and some of his fundamental rights guaranteed under articles 14 and 21 of the constitution, so the opposite parties cannot say that the legislator cannot enjoy such rights and privileges as mentioned in article 194, when he is under ..... declared by a competent court ; (c) if he is an un-discharged insolvent ; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state ; (e) if he is so ..... disqualified by or under any law made by parliament. article 194. powers, privileges, etc., of the house of legislatures and of the members and committees thereof.--(1) subject to the provisions of this constitution .....

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Jan 01 1960 (HC)

Union of India (Uoi) Vs. Firm Ram Gopal Hukum Chand and ors.

Court : Allahabad

Reported in : AIR1960All672

..... as administrative units and to alter their boundaries, change their nasties and create new units. article 5 enjoins, in effect, that there shall be only one citizenship and every citizen shall be a citizen of india owing allegiance to the republic and not to any local unit.in the legislative sphere, article 249 authorises parliament in the national interest to make laws ..... appears to have been assumed that the postage fee paid on a v.p. article is consideration for the promise of the post office. it was not considered whether postage constitutes consideration in the case of every postal article, insured or uninsured, registered or unregistered. with deep respect, this judgment is based on assumptions which were not disputed and throws no ..... postmaster-general or under rules and regulations issued by him, and payment for a lost money order can only be secured by proof satisfactory to him.' (299) 'congress has full constitutional powers to reserve to the postal department a monopoly of the business of receiving, transmitting, and delivering mails, and by statutes the monopoly of carrying the mails is secured to ..... engaged in discharging a governmental function. however, the power of congress over the mails is not absolute. it must be considered in the light of definite prohibitions in the federal constitution and is subject to the limitations imposed by the bill of rights.' (252) 'postage is the fee charged by law for carrying letters, packets and documents by the public mails .....

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Oct 23 1953 (HC)

Prabhakar Yajnik Vs. Dist. Magistrate, Bulandshahr and ors.

Court : Allahabad

Reported in : AIR1954All415

..... of india except by implication, ' ..... a voter, non-residence, or the failure to fulfil such qualification, comes under the general term 'disqualification' in article 326 of the constitution.12. taking this view of the matter it follows, that the meaning which should, in my opinion, be placed on section 12-d ..... between circumstances which operate as a disqualification for registration and those which constitute conditions of entitlement to registration. article 326 of the constitution, which makes provision for adult sufferage, says that every citizen of india who has attained the age of 21 years shall be entitled to ..... appropriate legislature on one of the grounds mentioned in that article. under section 19 of the representation of the people act, the age of twenty-one is made a conditionbut not citizenship ..... be registered as a voter unless he is disqualified under the constitution or any law made by the .....

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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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