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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: andhra pradesh Page 1 of about 58 results (0.058 seconds)

Jul 02 1959 (HC)

Mohammed NaseeruddIn Vs. State of Andhra Pradesh, Hyderabad

Court : Andhra Pradesh

Reported in : AIR1960AP106

..... relevant provisions of the constitution of india and the citizenship act of 1955. articles 3 - 11 deal with the criteria for the ascertainment ..... five years immediately preceding such commencement shall be a citizen of india.article 6 deals with the rights of citizenship at the commencement of the constitution of certain persons who have migrated to india from pakistan. while article 7 lays down the test for ascertaining the rights of citizenship of certain migrants to pakistan after the 1st day of march, ..... of citizenship at the commencement of the constitution. article 5 provides that at the commencement of the constitution, every person who has his ..... which amounted to a renunciation or termination of their citizenship of india, nor did they acquire the citizenship of any other country. 4. the main question in these writ petitions is whether the petitioners are citizens of india entitled to exercise the fundamental rights under article 19 of the constitution of india. the answer to this question would depend upon the .....

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Apr 23 1999 (HC)

R. Venkateshwara Rao Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 1999(3)ALD407; 1999(3)ALT351

..... hyderabad, filed an affidavit in support of the relief sought for. he pleads that the scheme of constitution of india does not envisage conferment of citizenship on any foreigner and part ii of the constitution of india dealing with citizenship employs the meaning that it never intended to grant citizenship to foreigner and that indeed, the paramount intention is to guard this country from alien invasion or ..... legislative policy is within the exclusive domain of the parliament both by virtue of article 11 as also hem 17 of list i of schedule vii of the constitution of india, we hold that the provisions of the citizenship act, 1955 are unassailable. the court is not answerable to the query of (he learned counsel for the petitioner as to why indian ..... contesting any election or to hold any post including that of prime minister of india. his submission is that article 11 of the constitution cannot be stretched to grant a citizenship to any foreigner on marriage to an indian with ail rights, but such marriage can only enable the said person to stay ..... pleas, mr. v. hanumantha rao, the learned counsel appearing for the petitioner, submits that the above provisions of the citizenship act are ultra vires the constitution of india and that they should be struck down. alternatively, he pleads that even if citizenship has been granted to the 8(h respondent, it ought to have been hedged with conditions including that of prohibition of .....

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Aug 14 2013 (HC)

Aadi Sreeni Vs. Ramesh Chennamaneni and Anoth

Court : Andhra Pradesh

..... the evidence act, 1872, until it is cancelled or set aside by the prescribed competent authority under citizenship act, 1955. his version is that he is holding citizenship certificate on the date of his election within the meaning of article 173 and 191 of constitution of india and also in terms of the provisions of representation of the people act, 1951.47. rw-1 ..... to fill a seat in the legislative assembly under article 173 and 191(1)(d) and (e) of the constitution of india and section 16 of the representation of people act, 1951. according to the petitioner, the first respondent had voluntarily obtained the citizenship of germany in the year 1993 and also obtained a german passport, which is valid up 02.04.2017 ..... . the argument advanced on his behalf that on the date of election he was holding citizenship certificate which is not cancelled even today and therefore, qualified under article 173 of the constitution of india for contesting the election and he is not disqualified under article 191 of the constitution of india is without any substance. this court while deciding the election petition can examine the ..... obtained german passport which is valid up to 2017. thus, he ceased to be citizen of india by virtue of the provisions of article 9 of the constitution, the citizenship certificate dated 03.02.2009 issued by the central government under section 5(1)(f) of the citizenship act was obtained by him by suppression of facts and playing fraud on the central government .....

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Oct 27 1958 (HC)

In Re: Abdul Khader

Court : Andhra Pradesh

Reported in : AIR1959AP241; 1959CriLJ561

..... aliens act, 1914, or (ii) has not been granted a certificate of naturalization as a british subject under any law for the time being in force in india or (iii) is not a citizen of india.' in dealing with citizenship as at the commencement of the constitution of india article 5 is relevant to be noticed. it reads as follows: 'at the commencement of this ..... . government of andhra pradesh, air 1957 andh-pra 1047 that the passport obtained from the high commissioner for pakistan in india is not evidence.6. had the law of citizenship merely rested upon the articles of the constitution, no further consideration in regard to a migrant from india to pakistan would arise. but having regard to article 11 itself, and the passing of the ..... case of a person who has migrated to pakistan after the coming into force of the constitution of india, hut has not obtained a permit as mentioned in the proviso to article 7, will have to be treated as having lost the rights to citizenship of india and has become ipso facto a 'foreigner' in spite of the fact that he had the qualifications ..... , it is manifest that a person born in the territory of india, or either of whose parents was born in the territory of india, or who has been ordinarily a resident of india for not less than five years in the territory of india before the commencement of the constitution, shall be entitled to citizenship rights but subject to his losing such rights on his migrating .....

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Apr 10 2000 (HC)

Mohd. Ayub Vs. Government of India and Others

Court : Andhra Pradesh

Reported in : 2000(3)ALD46; 2000(2)ALT650

..... counsel for the petitioner that the petitioner continues to be a citizen by virtue of article 5 of the constitution of india is totally untenable. there is no whisper in the affidavit filed in support of the writ petition as to whether the petitioner acquired citizenship of pakistan and if so, the details thereof. but his passport itself reveals that he had acquired ..... a citizen within the meaning of article 5 of the constitution of india and therefore, he is entitled to reside in india irrespective of the fact that the petitioner acquired the passport which would disclose that he had acquired citizenship of pakistan.8. it is required to notice that article 7 of the constitution of india declares that notwithstanding anything in articles 5 and 6, a ..... , 1956 were ultra vires and they urge that they had not acquired the citizenship of pakistan and continued to be the citizens of india. it is under those circumstances, the apex court while upholding the constitutional validity of section 9 of the citizenship act and the rules framed there under made the aforementioned observations.11. here is the case where there is not even ..... the nineteenth day of july, 1948. article 9 of the constitution of india declares that no person shall be a citizen of india by virtue of article 5 or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign state.9. the petitioner, according to his own averments made .....

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Jul 22 2010 (HC)

Ramesh Chennamaneni Vs. Aadi Sreenivas and ors

Court : Andhra Pradesh

..... 5 of rp act and article 173 read with article 191(1)(d) of the constitution of india. the allegation of making false statements and suppressing the facts amounting to fraud in connection with acquisition of certificate of registration under the citizenship act, 1955 from the government of india by the 1st respondent, is not covered by any corrupt practices under section 123 or ..... eligible to make an application. as this court is seized of the matter, the government of india was unable to proceed further and sought for leave of the court to constitute a committee of inquiry under sub- sections (4) and (5) of section 10 of the citizenship act, 1955 and to submit the report of the committee of inquiry to the court before ..... received from the intelligence bureau concerning the contemplated action under sections 10(2)(a) and 17 of the citizenship act, 1955, for which a reply was submitted by the 1st respondent. the government of india in its counter statement sought for the leave of the court to constitute a committee of inquiry under sub-sections (4) and (5) of section 10 of the ..... citizenship act, 1955 before passing appropriate orders on merits in accordance with law on the issue of legality and validity .....

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Oct 29 1953 (HC)

AzizuddIn Ansari Vs. State of Hyderabad and anr.

Court : Andhra Pradesh

Reported in : 1954CriLJ528

..... for any temporary purpose could not be regarded as migration within the meaning of article 7, constitution of india. this argument was elaborated by citation of authorities showing what was meant by migration and whether by reason of a temporary absence from india he would lose his citizenship. this argument was advanced by the learned advocates and it was contended that if he continued ..... to be a citizen of india, he would be entitled to the fundamental rights conferred by the constitution and one of such rights was his right to reside and settle ..... in any part of the territory of india. it was urged that by reason ..... conferred by the constitution. the government advocate argued that under the rules framed under the influx from pakistan (control) act, the central government has the power to direct the removal of a person when he does not come with a permit to settle down in india. it was also urged that when the petitioner migrated to pakistan his citizenship of india terminated and, therefore .....

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Jul 13 1993 (HC)

Society of St. Ann's and the Rayalaseema Navodaya Minorities Christian ...

Court : Andhra Pradesh

Reported in : 1993(2)ALT610

..... proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30(1) of the ..... they operate as restrictions interfering with the fundamental right of the minorities to establish and administer educational institutions of their choice, guaranteed under article 30 of the constitution of india. therefore, they stress that the minorities can establish educational institutions of their choice even in the absence of a notification issued by the competent authority calling for ..... , the learned counsel appearing for the minority institutions is that the petitioner and the appellant being religious minorities have a fundamental right under article 30 of the constitution of india to establish and administer educational institutions of their choice. the right to establish an educational institution is not subject to any restrictions whatsoever and therefore, the provisions ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well defined .....

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Sep 01 1965 (HC)

Abdul Qadir Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : AIR1967AP105; 1967CriLJ423

..... contemplated action of the government of andhra pradesh on the ground that as he was born in india before the commencement of the constitution and since he had left india after the commencement of the constitution, he had not loss his citizenship by virtue of art. 7 of the constitution, and consequently the state government had no right to treat him as a foreigner and order ..... him to leave the country.'if any question arises as to whether, when or how any person has acquired the citizenship of ..... . pursuant to that notice the petitioner sent his representation dated 26-3-1965 setting out his case and claiming that he had not voluntarily acquired the citizenship of pakistan, notwithstanding that he had come over to india on a pakistani passport.(4) the petitioner's further case is that he had received any orders upto the date of the filing of this ..... on to say that in pursuance of the orders of this court in that writ petition, steps were taken by the government of india to decide under section 9(2) of the citizenship act 1955, whether the petitioner has acquired the citizenship of another country or not. the petitioner also had put in a petition dated 22-7-1963 requesting the government of .....

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Oct 15 1959 (HC)

Andhra Pradesh Non-Gazetted Officers' Association Vs. State of Andhra ...

Court : Andhra Pradesh

Reported in : (1960)ILLJ156AP

..... before the inauguration of the constitution. article 8 confers right of citizenship on persons residing outside india, subject to the conditions laid therein. article 10 provides for continuance of the citizenship and article 9 enacts how it is lost. under article 11 parliament is ..... contained in article 19. i would, notwithstanding that formidable array of judicial opinion, adhere to the view that unless a person can establish his being entitled to the rights of citizenship as defined by the constitution and the law enacted thereafter, the person is not entitled to the benefit of article 19. the position under the american ..... 5 evidently covers natural persons. articles 6 and 7 go with article 5 and they would not be of help to the petitioner. article 8 confers right of citizenship on persona residing outside india and would be equally out of place. under article 11 parliament is authorized to enact law and it is conceded that the writ petitioner is authorized to enact ..... the constitution can be relied upon in support of the juristic personality being treated as citizen. out of the several articles contained in part ii of the contitution, which cannot be disregarded when dealing with such rights of a juristic personality, article 5 covers only natural persons. articles 6 and 7 deal with citizenship of those who had migrated to and from india .....

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