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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Page 7 of about 76 results (0.029 seconds)

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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Jan 09 1991 (HC)

Commissioner of Income-tax Vs. M. Habibullah

Court : Allahabad

Reported in : [1991]191ITR381(All)

..... facts and circumstances of the case, the explanation of the assessee constituted, in law, 'reasonable cause' ?'2. the assessee is an individual. the assessment years concerned are 1967-68, 1968-69 and 1969-70. the assessee was previously doing business in india but in 1961 he went to england. he obtained the citizenship of that country. however, towards the end of 1966 or ..... the beginning of 1967, he came to india. during the previous years relevant to the aforesaid assessment years, he was in ..... india. a raid was conducted at his premises and certain cash deposits standing in his name in certain banks werediscovered. the assessee .....

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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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Mar 28 1960 (HC)

Tahira Khatoon Vs. District Magistrate, Shahjahanpur and ors.

Court : Allahabad

Reported in : AIR1961All137

..... the aforesaid rules, hereby determinethat the said sri fasiuddin and his wife smt. tahira khatoon have voluntarily acquired the citizenship of pakistan. sd./- fateh singh deputy secretary to government of india'. a copy of the judgment of the learned munsif decreeing the petitioners' suit as also of the learned civil judge dismissing the appeal filed ..... firstly, that the petitioners are pakistani nationals, having migrated there in 1948 and, secondly, that the government of india had issued orders under section 9(2) of the citizenship act declaring on 11-4-57 that the petitioners have voluntarily acquired citizenship of pakistan. the said order runs as follows :-'whereas it has come to the notice of the central government ..... r/o mohalla jhandakalan, shahjehanpur and his wife smt. tahira khatoon have claimed) indian citizenship, notwithstanding their having obtained pakistani passports and short term visas, for their entry into india from pakistan; now,, therefore the central government acting under 'section 9(2) of the citizenship rules, 1956 and giving due regard to the principles of evidence contained in schedule to ..... are being opposed on behalf of the respondents is that the order of the government of india supersedes the decree of the civil court and is conclusive to show that the petitioners are not indian nationals.4. it has been contended that the indian citizenship act (hereinafter called the act) is a complete code in itself which governs and .....

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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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Dec 18 1981 (HC)

Vishnu Dayal Jhunjhunwalla and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : [1989]66CompCas684(All)

..... in the state of jammu and kashmir and the recommendations made by the selection board were challenged on the ground of its constitution. in smt. maneka gandhi v. union of india, air 1978 sc 597, the dispute related to the impounding of maneka gandhi's passport. it was held that the ..... . dealing with the nature of right of the committee, the supreme court observed (p. 142 para 9):' a committee as soon as it is constituted, at once, assumes a certain office and status, is endowed with certain rights and burdened with certain responsibilities, all of a nature commanding respectful regard ..... of the united states by civil action.' it was observed that ' the interest of a candidate at an election to parliament regulated by the constitution and the laws come within this gravitational orbit. the most valuable right in a democratic polity is the ' little man's ' little pencil marking, ..... the laws, freedom of contract, trial by jury, etc. as otherwise denned, civil rights are rights appertaining to a person by virtue of his citizenship in a state or community, rights capable of being enforced or redressed in a civil action. also a term applied to certain rights secured to citizens ..... and entails adverse civil consequences. the right to go abroad was held to be included in the expression ' personal liberty ' in article 21 of the constitution. in mohinder singh gill v. the chief election commissioner, new delhi, air 1978 sc 851, the dispute related to election to parliament. dealing with .....

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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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May 11 1950 (HC)

Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...

Court : Allahabad

Reported in : AIR1951All257

..... (1920) a. c. 691 : (89 l. j. p. c. 130), a 'controlled constitution' in the sense that its terms can only be altered with some formality.188. the resolve of the people to constitute india into a sovereign democratic republic is stated in noble language in the preamble and the objects which the ..... fundamental rights201. the object of these fundamental rights, as far as i can gather from a reading of the constitution itself, was not merely to provide security to and equality of citizenship of the people living in this land and thereby helping the process of nation-building, but also and not less ..... not issued for any of the reasons specified in that section. the bus owners in this state were, however, without a remedy until the constitution of india came into force, and they were obliged to submit to this illegal procedure or go oat of business. this consideration is in our view ..... it but i would make no order as to costs.90. mootham and wanchoo jj.-- these are 168 applications for writs under 226 of the constitution of india. the applicants are owners of motor buses which plied on various routes in this state. the several applications give rise to common questions of ..... importantly to provide certain standards of conduct, citizenship, justice and fair play. in the background of the indian constitution, they were intended to make all citizens and persons appreciate that the paramount law of the land has swept away .....

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Jul 14 1960 (HC)

State Vs. Ashfaq Ahmad

Court : Allahabad

Reported in : AIR1961All115; 1961CriLJ210

..... affairs notification no. 9/9/46-1-political (ew) dated february 10, 1948, as continued in force by article 372(i) read with article 366(10) of the constitution of india, the governor of uttar pradesh is pleased to appiont the following as the civil authority for the areas noted against each: 1. districtsuperintendent of police:- for respective districts.2.superintendents ..... part, i, section 1, at page 230, which provided:'in exercise of the powers conferred by sub-section (1) of section 124 of the government of india act 1935 as adapted by the india (provisional constitution) order, 1947, the governor-general is pleased to entrust to the provincial governments, with their consent, the functions of the central government under the foreigners act, ..... contrary, the respondent obtained a passport from the pakistan authorities by declaring himself as a pakistan national and even after he had entered india he described himself as a pakistan national and applied for being granted indian citizenship. reference must in this connection be made to section 9 of the foreigners act, 1946 which provides:'if in any case not ..... british subject shall thereupon be deemed to be a foreigner.'by amending act 38 of 1947 the word 'britishindia' in clause (ii) of the definition was substitutedby the word 'india'. by the adaptation of lawsorder, 1950 two changes were introduced. thethird and the fourth clauses were deleted alongwith the proviso. in addition a new third clausewas introduced which provided: .....

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Dec 07 1960 (HC)

Ahmed Ullah Khan Vs. the District Magistrate and ors.

Court : Allahabad

Reported in : 1962CriLJ256

..... account of the communal disturbances have also been repeated by him. in the face of the above material it cannot be doubted that the petitioner was resident in india at the commencement of the constitution.6. whether he can be said to be domiciled also in this country may still have to be examined. section 7 of the indian succession act provides ..... , in such manner, and having regard to such, rules of evidence, as may be prescribed in this behalf.rule 30 and the rules contained in schedule iii of the indian citizenship rules 1956 have been framed in pursuance of the above provision in sub-section (2). sub-section (2), as its language clearly pointed out, deals with the determination of the ..... of pakistan and any dispute as regards his being a citizen of this country or of pakistan should, in view of sub-section (2) of section 9 of the indian citizenship act, 1955 read with rule 30 of the citizensip rules 1956 and those contained in schedule iii of such rules, be determined by the central government. in other words, this ..... where it is admitted that the person was at one time the citizen of this country but has subsequently by naturalisaion, registration or otherwise acquired the citizenship of 'another' country. the words 'has acquired the citizenship of another country' (the underline (here into ' ') is mine) make this intention fully clear.10. in the present case the respondents' allegation has never been that .....

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