Court : Allahabad
Decided on : Jun-26-1959
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 .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-24-1959
Reported in : AIR1961All111; 1961CriLJ206
..... citizenship subsequently or with the loss of citizenship. for these matters provision has been made in the citizenship act of 1955. section 9(1) of the ..... act provides that any citizen of india who voluntarily acquires after 26-1-1950 ..... with a case coming within the scope of either of them. a person who migrated from india to pakistan after 1-3-1947 is not to be deemed to be a citizen of india even though he retains his indian domicile or has returned to india before 19-7-1948. the constitution deals with citizenship on the relevant date and not with the acquisition of ..... the citizenship of another country ceases to be a .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-01-1959
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 .....Tag this Judgment!