Court : Allahabad
Decided on : May-12-1961
Reported in : AIR1962All383
..... the territory now included in pakistan after 1st march, 1947 with the 'intention' of migrating from india to pakistan, he would lose his citizenship of india which might have accrued to him by reason of article 5 of the constitution. thus articles 5 and 7 have to be read together. article 7 is really in the nature of a proviso to article 5.article ..... .10. the learned counsel argued that clause 3 of schedule iii framed under rule 30 of the citizenship act, was arbitrary and constituted unreasonable abridgment of the fundamental rights of a citizen. clause 3 of schedule iii reads :'the fact that a citizen of india has obtained on any date a passport from the government of any other country shall be conclusive proof ..... property in pakistan; or (d) if he has obtained a temporary permit for entry into india from pakistan'. 13. the learned advocate-general pointed out that the question of acquisition of citizenship of another country is a question of status and that article 11 of the constitution gave very wide powers to parliament for making the law with respect to the acquisition and ..... foreign state he would not beconsidered or deemed to be a citizen of india by birth or by reason of domicile. article 9 refers to the voluntary acquisition of the citizenship of any foreign state before the commencement of the constitution and not after the coming into force of the constitution. in other words, a person of indian domicile would be deemed to be .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-31-1961
Reported in : 1963CriLJ817
..... national; but on the facts of the case abdul qayum must be held to have been an indian citizen on the promulgation of the constitution. the passport, therefore, can show no more than that he renounced indian citizenship and acquired pakistani nationality. such evidence, as observed by the supreme court in the above referred case, would be of no use in the ..... the state counsel that abdul qayum in applying for extension of time conducted himself in a manner as to show that he was not the citizen of india and that he had acquired the citizenship of pakistan. as mentioned earlier that is not a question which is open to a court to decide and there is no evidence to show that it ..... . the learned magistrate found that abdul qayum was not a foreigner and therefore acquitted him,5. admittedly abdul qayum was born in india long before the commencement of the constitution. his parents and other members of the family always resided in india. the evidence on record proved that abdul qayum was a member of the nyaya panchayat lohta, upto the year 1953 and ..... under article 5(a) of the constitution. as his family all along remained in india and he went to pakistan for a short time it cannot be said that he had migrated to pakistan. it has not been shown that the central government had made any decision with regard to him under section 9 of the citizenship act that he has acquired a .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-29-1961
Reported in : AIR1963All18; 1963CriLJ28a
..... force with effect from 19-1-1957. as from that date a person who is not a citizen of india was declared to be a foreigner and, therefore, unless he showed that he had acquired the citizenship of india either on or after the date of his entry, he could not be heara to say that the amendment ..... respondent left india for pakistan he was a minor. it is, however, beyond dispute that on the 7th of february 1955 ..... had come on a pakistani passport and a visa can be held to be a citizen of india. prima facie, the nationality of the person holding the passport is that which is described in the passport. under the pakistani citizenship act, a person can obtain a pakistani passport if he is a citizen of that country and ..... , cr. p, c. that he was a pakistani citizen and had come out to india on a pakistani passport and a visa issued by the indian high commissioner in pakistan also goes to show that he had acquired the citizenship of pakistan. his subsequent statement in court that he was an indian citizen and not a ..... parents being originally residents of that part of the country which formed part of undivided india, he continued io be an indian national inasmuch as when he left the country he was a minor and as such incapable of acquiring citizenship of a foreign country. it is no doubt true that on the date when the .....Tag this Judgment!