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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Year: 1960 Page 1 of about 9 results (0.016 seconds)

Mar 04 1960 (HC)

Abdul Mannan Khan Vs. Union of India (Uoi) Through the Ministry of For ...

Court : Allahabad

Decided on : Mar-04-1960

Reported in : AIR1960All565

..... himself recorded as a citizen of india and therefore he applied on 20-8-56 for the grant of certificate of naturalization ..... under act lvii of 1955 and got a notice published in the daily bharat of varanasi dated 9th and 11th december 1956. the afore-said application for citizenship was rejected by the government of india, and information was communicated to the petitioner by office memorandum no. 556 cp/viii-d dated 28-6-57 by the under secretary of the home department ..... of leaving the place. during the 30 years' stay in india he has hardly visited afghanistan six times, and during the last 22 years he probably visited only twice or thrice. after the coming of the constitution, the petitioner considered himself to be a domicile of india and its citizen.when the citizenship act of 1955 came into force, the petitioner thought of getting ..... 5(1)(c) of the constitution of india. it was further contended that it was only the union government, who could direct his deportation and such power could not be exercised by the senior superintendent of police; therefore this writ petition has been filed.2. a revision was also filed by the petitioner under section 6 of the citizenship act, but he received .....

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Oct 18 1960 (HC)

Saghir Ahmad Vs. State

Court : Allahabad

Decided on : Oct-18-1960

Reported in : AIR1961All507; 1961CriLJ441

..... , amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.'no ruling has been cited before me in which any contrary opinion has been expressed tegarding the constitutional validity of the aforesaid schedule iii of the citizenship rules.6. i should not be understood as laying downthe proposition that in no case the obtaining ..... in my opinion clause 3 and clauses 5(b) and (d) of schedule iii of tile citizenship rules, which in many cases would result in summarily depriving an indian ..... such acquisition by virtue of section 9(1) of the citizenship act involves automatic termination of indian citizenship. the question is, can an indian citizen be deprived of his fundamental rights (including the right of residing and settling in any part of india, guaranteed by article 19 of the constitution) in this arbitrary and wholly unreasonable fashion?i cannot countenance such a position and .....

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Apr 12 1960 (HC)

Sharafat Ali Khan Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Apr-12-1960

Reported in : AIR1960All637

..... case no justification for holding that he ever voluntarily acquired pakistan citizenship. from this it follows that he has not forfeited his indian citizenship under section 9 of the citizenship act and he is still entitled to the rights of residence and free movement in india guaranteed by article 19 of the constitution.7. a number of objections have been raised on behalf ..... the appellants' fundamental right under article 19 of the constitution. admittedly, all the appellants were citizens of india on the data when the constitution came into force and they continued to be so by reason of article 10 of the constitution of india. the act deprived them of such right, if they voluntarily acquired the citizenship of a foreign country. the rule, by the ..... device adopted, completely bars the appellants from establishing that they have not acquired the citizenship of pakistan, the irrebuttable presumption from the fact, which is not ..... on the fundamental rights of the appellants under article 19 of the constitution of india.' applying the same reasoning to the facts of the present case, i find that the petitioner was an indian citizen by birth and that the circumstances show that he did not voluntarily relinquish that citizenship or acquire pakistan nationality; yet he is debarred by the arbitrary .....

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Feb 04 1960 (HC)

Shri Mustaq HusaIn Vs. State of Uttar Pradesh

Court : Allahabad

Decided on : Feb-04-1960

Reported in : AIR1960All559; 1960CriLJ1176

..... india, who has; at any time between 26-1-1950, and the ..... may be assumed that he is not a citizen of india.'13. before migrating to pakistan in 1951 the petitioner was a citizen of india under article 5 of the! constitution. the question now is whether, he is still a citizen of india, notwithstanding his avowed pakistani nationality.14. sub-section (1) of section 9, citizenship act, 1955, declares inter alia that any citizen of ..... commencement of that act. voluntarily acquired the citizenship of another country, shall cease to ..... is scarcely fair for the petitioner to turn round and insist on residing in india permanently by the sanction of the court's writ,18. article 226 of the constitution is not addressed to the court in the language of an inexorable command. by it the court is constituted the; trustee of a high' power for the high purpose of maintaining equilibrity between .....

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Jan 01 1960 (HC)

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

Court : Allahabad

Decided on : Jan-01-1960

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 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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Mar 28 1960 (HC)

Tahira Khatoon Vs. District Magistrate, Shahjahanpur and ors.

Court : Allahabad

Decided on : Mar-28-1960

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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Dec 07 1960 (HC)

Ahmed Ullah Khan Vs. the District Magistrate and ors.

Court : Allahabad

Decided on : Dec-07-1960

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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Jul 14 1960 (HC)

State Vs. Ashfaq Ahmad

Court : Allahabad

Decided on : Jul-14-1960

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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Jul 28 1960 (HC)

State Vs. Yakub

Court : Allahabad

Decided on : Jul-28-1960

Reported in : AIR1961All428

..... for the issue of a passport to him, had described himself as a pakistani citizen he must be deemed to have voluntarily given up his citizenship as from the date of the said application and so also he became a 'foreigner' for the purposes of the act of 1946 and ..... that para 7 has remained unchanged since its promulgation in 1948. the opening words of that paragraph, which have always been 'every foreigner who enters india ....... clearly show that that paragraph, when the order containing it was first promulgated, could not have been anything but prospective in its application.the ..... definition of foreigner as contained in section 2 (a) of the principal act was amended to include all persons who were not citizens of india. in other words after the commencement of the amending act, both the foreigners act and the rules made thereunder become applicable to pakistan nationals who ..... of visa, contravention of such direction would be an offence punishable under s, 14 of the foreigners act. admittedly, both the applicants had entered india with a pakistan passport and on the authority of a visa issued by the central government, it was, therefore, necessary for them to leave the ..... with respect to any particular foreigner or any prescribed class or description of foreigner for prohibiting, regulating or restricting the entry of foreigners into india or their departure therefrom or their presence or continued presence therein, paragraph 7 of that order was a valid order which every foreigner must .....

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