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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Page 6 of about 76 results (0.057 seconds)

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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Oct 01 1959 (HC)

Ali HussaIn Vs. State

Court : Allahabad

Reported in : AIR1960All336; 1960CriLJ771

..... a forum for the determination of the question and that abdul rahman, who claimed that he had not acquired the citizenship of pakistan, should approach the central government and not the high court through a petition under article 226 of the constitution. nothing that i have said above militates against this observation of my learned brother. in the punjab case, bishan narain ..... infringement of rule 7 of the foreigners order, 1948, refusing to stay proceedings in the cases. all the applicants were citizens of india under article 5 ofthe constitution on 26-1-1950, went to pakistanin april, 1950 and returned to india in 1955 or 1956 after obtaining passports from the pakistan government as citizens of pakistan. the passportswere endorsed with visas by the ..... for the prosecution was that by obtaining passports from the pakistan government is citizens of pakistan, they acquired the citizenship of pakistan and thereby lost the citizenship of india. the contentions of the applicants are that this question whether they have acquired the citizenship of pakistan could be determined only by the central government and that the trial court should stay the proceedings so ..... of law which would make a criminal prosecution for the offence of section 14 of the foreigners act premature. if the accused was not a foreigner when he entered into india, he may be acquitted on that ground but it would be for the court trying it to decide whether he was a foreigner or not. 7. i hold that it .....

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Mar 12 1953 (HC)

Smt. Bimla Devi Vs. Chaturvedi and ors.

Court : Allahabad

Reported in : AIR1953All613

..... simla devi, aged 27 years, wife of bagh shah, caste khatri, resident of deoband town, district saharanpur applies under article 226 of the constitution of india and prays that a writ in the nature of habeas corpus be issued directing the police authorities, arrayed as respondents 1 to 3 to remove ..... government and such officer in his turn may either restore such person to his or her relatives or 'convey such person out of india'. section 6 provides for the constitution of a tribunal by the central government for the purpose of deciding (a) whether a person detained in a camp is or is ..... wishes.15. further, there is nothing in the act which prevents a person restored to his relatives in pakistan to return to india and enjoy all the rights which the constitution guarantees to a citizen. by his or her restoration to his or her family in pakistan, an indian citizen does not cease ..... we are unable to accept this contention. as already stated, the solicitor general specially pressed the learned judges of the supreme court to pronounce upon the constitutional question raised in the case. the matter was argued on both the sides (it is immaterial that a counsel for ajaib singh was merely an 'amicus ..... 1).14. it was urged that the act was bad because it empowers the executive government to deport a citizen of india out of india against his wishes, and thus to deprive him of all citizenship rights, and as such is a direct attack on the rights conferred by article 19, that : 1950crilj1383 , does .....

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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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Jan 25 1965 (HC)

State of U.P. Vs. Mohammad Yasin

Court : Allahabad

Reported in : AIR1967All320; 1967CriLJ833

..... crossed over to pakistan in the year 1950 he continued to be an indian national because the question of his having lost the indian citizenship had not been decided in accordance with citizenship act. 1955 he, therefore, acquitted him. 6. i have heard the learned counsel for the parties. 7. it is no ..... he did not assert that he had migrated from this country after the enforcement of the constitution. in face of the admission made by him in his visa, the testimony of his two witnesses that he had left india for pakistan in 1950 was not such on which any reliance could be safely placed. there ..... this case, however, there is no evidence that any order has been passed by the authorities after january 19, 1957, directing the opposite party to leave india within a particular period. in the circumstances the question of contravention of any order under the act which can be punished under section 14 does not arise. ..... , is, however, another reason on account of which his acquittal cannot be disturbed in this appeal. 8. the opposite party admittedly entered india in the year 1953. according to the definition of a foreigner as it stood in the act of (in ?) 1953 before the amendment of 1957, any ..... harjeet singh who stated on the basis of the entries made in his register and also in the passport and visa that mohammad yasin had entered india in 1953 and was staying after the expiry of the prescribed period and had thus contravened paragraph 7 (2) of the foreigners order. in cross .....

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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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Dec 04 1956 (HC)

Mohd. Ibrahim Vs. Election Tribunal and ors.

Court : Allahabad

Reported in : AIR1957All292

..... so declared bv a competent court: (c) if he is an undischarged 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 or allegiance or adherence to a foreign state; (e) if he is so ..... determination. in regard to the first question, namely, whether the election tribunal was competent, in view of the provisions of article 192 of the constitution, to enquire into the question whether the petitioner had committed a corrupt practice within the meaning of the representation of the people act, 1951. ..... which is the ground for disqualification, if there is no conviction there is no disqualification under the act, and therefore no disqualification under the constitution.13. i can see no essential difference between disqualification as 'a consequence of a member's conviction by a magistrate of an offence specified ..... he has been found guilty of an offence or of a corrupt or illegal practice entailing disqualification, the question of his disqualification under the constitution does not arise unless and until his guilt has been established by the appropriate tribunal. the only question therefore which the governor has to ..... as the latter was a member of the state legislature, the tribunal had not. in view of the provisions of article 192 of the constitution jurisdiction to proceed with its enquiry under section 99 of the representation of the people act. and that the question whether the petitioner was .....

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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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