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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Year: 1972 Page 1 of about 4 results (0.014 seconds)

Apr 06 1972 (HC)

State of U.P. Vs. Wali Mohammad

Court : Allahabad

Decided on : Apr-06-1972

Reported in : AIR1973All44

..... of the enforcement of article 7. actcording to him by virtue of being born in india and having resided in india till somedate in 1949 the respondent acquired theright of citizenship and must be deemedunder article 5 to have become a citizen ofindia at the commencement of the constitution. he can be disentitled from that rightonly when he comes within the mischief ofarticle 7 ..... india and- (a) who was born in the territory of india; or (b) either of whose parents was born in ..... paragraph 7 (2) of the foreigners order. before the enactment of the citizenship act, 1955 (no. 57 of 1955) the only provisions of law on the basis of which citizenship could be determined were those contained in the constitution of india. article 5 of the constitution reads as under:-- '5. at the commencement of this constitution, every person who has his domicile in the territory of ..... the territory now included in pakistan shall not be deemed to be a citizen of india,' it would be seen that while article 5 confers the right of citizenship on a person if at the date of the commencement of the constitution he fulfills any of the conditions enumerated therein, article 7 engrafts a kind of proviso thereto. the opening words of article .....

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Sep 22 1972 (HC)

Fida HusaIn Vs. the Senior Superintendent of Police and ors.

Court : Allahabad

Decided on : Sep-22-1972

Reported in : AIR1973All364

..... 5, 6, 7, 8, 9 etc. of the constitution came into force article 394 provides that the aforesaid article shall come into force at once and the ..... of the commencement of the constitution he fulfils any of the conditions enumerated therein, article 7 is a distinct provision which prevents the consequences contemplated ..... was on that basis a citizen of india. this argument completely overlooks the implications of article 7 of the constitution which are clearly attracted by the facts of the instant case. it would be seen that while article 5 confers a right of citizenship on a person if at the date ..... be a citizen of india.10. sri sadiq ali attempted to steer clear of article 7 by resorting to a rather ingenious argument. according to his contention the interpretation of article 7 must be made with reference to the specific date on which the provisions of the constitution relating to citizenship i.e. articles ..... india notwithstanding his complying with the conditions of article 5. it is quite clear from state of m. p. v. peer mohammad that it would be article 7 and not the citizenship act, 1955 which would apply to a case where a person has migrated to pakistan between march 1, 1947 and january 26, 1950 when the constitution .....

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Sep 29 1972 (HC)

State of Uttar Pradesh Vs. Ahsan Ali

Court : Allahabad

Decided on : Sep-29-1972

Reported in : 1973CriLJ1471

..... the trial court that the respondent had migrated to pakistan before 1950 cannot, therefore be interfered with.34. since the respondent had migrated to pakistan before the commencement of the constitution he was not an indian national and consequently there is no question of his ceasing to be an indian national and a declaration being given in that connection by the ..... visa and the application moved by the respondent for that purpose and he held on the basis thereof that the respondent had migrated to pakistan before the commencement of the constitution. in case state of uttar pradesh v. zafar ali : air1963all18 decided by d. p. uniyal and k. b. asthana, jj., it was observed :-the question therefore that arises for consideration ..... raised on behalf of the respondent did not find favour with the trial court and it was held that the respondent migrated to pakistan before the commencement of the indian constitution. it was, however, accepted by the trial court that the respondent was not a 'foreigner' within the meaning of foreigners' act and it was in consequence of that finding that ..... is whether the respondent who had come on pakistani passport and a visa can be held to be citizen of india. prima facie the nationality of the person holding the passport is that which is described in the passport. under pakistani citizenship act, a person can obtain a pakistani passport, if he is a citizen of that country and not otherwise. it .....

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Oct 12 1972 (HC)

Union of India (Uoi) and anr. Vs. Smt. Chand Putli

Court : Allahabad

Decided on : Oct-12-1972

Reported in : AIR1973All362

..... presumption will not bar that citizen to convince the authority that though he got the passport but he never really intended to renounce his indian citizenship. similar is the caseof the plaintiff smt. chand putli. she had submitted her statement and affidavit to the central government. the evidence shows ..... smt. kariman, by caste musalman, resident of idgah kutlupur lohron ki bagichi, agra has claimed indian citizenship notwithstanding her having obtained a pakistan passport and a short term visa for entry into india from pakistan, and whereas a question has arisen as to whether the said smt. chand putli has ..... acquired the citizenship of pakistan. now therefore the central government acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules, 1956, and ..... the union of india. the suit was contested on behalf of the union of india on the ground that the plaintiff was a citizen of pakistan and not a citizen of india and that the civil court had no jurisdiction to entertain the suit and determine the question of citizenship. the plaintiff ..... then got the hearing of the suit stayed and applied to the central government for determination of her status under section 9 of the citizenship act, 1955. .....

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