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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: allahabad Year: 1978 Page 1 of about 1 results (0.026 seconds)

Apr 21 1978 (HC)

State Vs. Abdul Ghani

Court : Allahabad

Decided on : Apr-21-1978

Reported in : 1978CriLJ1345

..... ali, the finding was that the accused had migrated to pakistan before 26th jan. 1950, and as such article 7 of the constitution was attracted. in the case of yakub ibrahim, the finding was that the accused had entered india in 1957, that is, after coming into force of the amending act when the definition of the foreigner had been changed. in ..... so acquitted the respondent. feeling aggrieved, the state has filed this appeal.5. learned counsel for the state has argued that the declaration made by the central government under the citizenship act of 1955 was binding on courts and as such the respondent should have been convicted. he has placed reliance on the case of state of gujarat v. yakub ibrahim ..... u. p. v. rahmatullah : 1971crilj1103 applies on all fours to the facts of the present case. in that case also the findings were that the accused had entered india in jan. 1955, that is, before the coming into force of the citizenship act and he had, however, over-stayed beyond 25th may, 1956 although he had got an extension for staying in ..... . and district jaunpur before the migrated to pakistan. during the pendency of the trial, a declaration of the central government was made under the citizenship act by the order dated 14-2-1969 that the respondent had acquired citizenship of pakistan after 25-1-1950. it has, therefore, got to be emphasised that he had not migrated to pakistan prior to 25 .....

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