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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: chennai Page 1 of about 66 results (0.041 seconds)

Feb 29 2012 (HC)

G.Karunairaj Vs. State Rep.by the Secretary to Government.

Court : Chennai

..... be any doubt whatsoever that adequate care should be taken to see that no genuine citizen of india is thrown out of the country. a person who claims himself to be a citizen of india in terms of the constitution of india or the citizenship act is entitled to all safeguards both substantive and procedural provided for therein to show that he ..... the burden of proof is on the proceedee, the same by itself would not mean that the procedure is ultra vires the provisions of article 21 of the constitution of india. article 21 would not be offended if the procedure is fair and reasonable.'28. taking a leap forward, the supreme court also held in paragraphs 55 and ..... of the fact that in hans muller of nuremberg vs. supdt. of presidency jail, calcutta {air 1955 sc 367}, a constitution bench of the supreme court held that the power of the central government to expel foreigners from india, is absolute and unfettered or unrestricted. but, two things must be remembered, namely (a) that after the aforesaid decision ..... on him was very sacrosanct.19. in louis de raedt vs union of india {1991 (3) scc 554}, the supreme court reiterated that even a foreign national is entitled to the fundamental right to life and liberty guaranteed under article 21 of the constitution. while holding so, the supreme court also dealt with the question of the ..... petition under article 226 of the constitution of india praying for the issuance of a writ of certiorari to call for the records in g.o.rt.3749 dated 9.11.2011 passed by .....

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Aug 23 2016 (HC)

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

..... an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin. ..... of adjudicatory proceedings. 56. at the time, when discretion is exercised under section 125 and if any challenge is made under article 226 of the constitution of india, the twin test, to be satisfied is "relevance and reason". in the light of the judgments of the hon'ble apex court and applying the ..... to be confiscated. he also imposed penalty. when the said order was tested, by way of a writ petition, under article 226 of the constitution of india and though the revenue, before the writ court contended that the entire gold ought to have been confiscated, taking note of the policy of the ..... provisionally, pending adjudication or after adjudication, and in that context, the role of the courts, in exercise of the powers, under article 226 of the constitution of india, should be confined only to test such satisfaction, arrived at, by the competent authority, with regard to the objects of the customs act, 1962 and ..... the discretion of a judge is the law of tyrants; it is always unknown. it is different in different men. it is casual, and depends upon constitution, temper and passion. in the best it is often times caprice; in the worst it is every vice, folly, and passion to which human nature is .....

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Jul 28 2016 (HC)

Malabar Diamond Gallery Pvt. Ltd. Vs. The Additional Director General ...

Court : Chennai

..... origin, if he held an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin. a spouse (not being ..... conclusion of the adjudicating proceedings, may order provisional release. at the time, when discretion is exercised under section 110a and if any challenge is made under article 226 of the constitution of india, the twin test, to be satisfied is "relevance and reason". testing the discretion exercised by the authority, on both subjective and objective satisfaction, as to why, the goods ..... and liable for confiscation, can be released provisionally, pending adjudication, and in that context, the role of the courts, in exercise of the powers, under article 226 of the constitution of india, should be confined only to test such satisfaction, arrived at, by the competent authority, with regard to the objects of the customs act, 1962 and any other law for the ..... (r) implementation of any treaty, agreement or convention with any country; (s) the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in india; (t) prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign state or is derogatory to national prestige; (u) prevention of .....

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Jul 28 1997 (HC)

Daivid John Hopkins Vs. the Union of India and Others

Court : Chennai

Reported in : AIR1997Mad366

..... nationals. we are of the further view that section 14(1) of the act is not ultra vires article 14 of the constitution of india because the foreign nationals do not have any fundamental right guaranteed for the grant of citizenship of india. the writ appeal, therefore, fails and is dismissed.21. now we will deal with w.p.no. 1247 of 1996, which ..... 1995 was filed by the appellant, who is acitizen of united kingdom, for a declaration that section 14(1) of the citizenship act, 1956 (act 57 of 1955) (hereinafter referred to as the act) ultra vires article 14 of the constitution of india, which embodies the rule of law, and void.3. the case of the appellant, as putforth in the writ affidavit ..... no assistanceto the appellant since the whole case centresround the entitlement of the foreigners theprotection under article 21 of the constitution ofindia.20. for the foregoing reasons, we arc of the view that the government of india have got unrestricted power to refuse citizenship without assigning any reason whatsoever and the appellant being a foreign national cannot claim equal rights under article 14 ..... in the supreme court has held that foreigners arc entitled to the protection of article 21 of the constitution of india. by virtue of their long and prolonged stay in the state, the chakmas, who migrated to and those horn in the state, seek citizenship under the constitution read with section 5 of the act. the supreme court issued certain directions to the authorities .....

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Aug 31 1995 (HC)

Daivid John Hopkins Vs. Union of India and Another

Court : Chennai

Reported in : AIR1996Mad314; 1995(2)CTC335

..... section 5 or 6 of the said act without assigning any reason for such grant or refusal, when article 14 of the constitution of india enshrine'd the rule of law, the said section 14(1) of th'e citizenship act giving the concerned authority with arbitrary power as there is no guideline provided thereunder either to reject or to grant the registration ..... has applied for the registration of the indian citizenship under section 5(1)(c) of the citizenship act and repeatedly his request has been rejected for registration as citizen ..... returned to united kingdom and in april, 1995, ones came to india.2. the petitioner has filed this writ petition challenging seclion 14(1) of the citizenship act and prays for declaration that the said section 14(1) of the citizenship act, 1955 is ultra vires of article 14 of the constitution of india.3. the learned counsel for the petitioner contended that the petitioner ..... of india, due to the non-framing of the citizenship rules in respect of british citizens .....

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Nov 17 1959 (HC)

T.A. Mahomed Usman Vs. State of Madras Represented by Secy. to Govt. o ...

Court : Chennai

Reported in : AIR1961Mad129; (1960)IIMLJ290

..... which a person might have owing to the operation of law, every citizen of india shall elect either to retain that citizenship or to expatriate himself, and that once he so elects, he cannot claim to retain indian citizenship and profess a dual allegiance.the constitutional validity of section 9(2) and that of the rule of evidence contained in ..... -state the basic principles underlying part ii of the constitution, the relevant sections of the citizenship act and the rules. article 5 of the constitution treats every person born in india, or the issue of parents born in india and domiciled in the country at the commencement of the constitution as a citizen of india.at the same time, recognising that several persons who ..... the topic. part ii of the constitution, articles 5 to 11 relate to citizenship. article 5 defines the persons who constitute citizens of india at the commencement of the constitution.article 5: "at the commencement of this constitution every person who has his domicile in the territory of india and (a) who was born in the territory of india; or (b) either of whose ..... words of the section are: (1) that a citizen of india should by naturalisation, registration or otherwise, acquire the citizenship of another country; (2) such acquisition should be voluntary. article 9 of the constitution itself had made provision for the cessation of indian citizenship by voluntary acquisition of the citizenship of a foreign state.this would have certainly covered the period upto .....

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Mar 07 2007 (HC)

S. Nalini Srikaran Vs. Union of India (Uoi), Rep. by Its Ministry of E ...

Court : Chennai

Reported in : AIR2007Mad187; (2007)2MLJ831

..... another country, but the only authority to so decide is the government of india acting as a quasi judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) of the citizenship act and para 3 of the citizenship rules are intra vires the constitution and valid law.(iv) the proposition that as soon as it is alleged ..... delhi, claiming that both his daughters were entitled to be declared as citizens of india by virtue of article 5 of the constitution and section 4(1) of the citizenship act, 1955. in addition to this claim of indian citizenship, he further stated that they were citizens of britain by virtue of their birth in england and of finland by virtue of their mother ..... application before the competent authority, namely., the ministry of home affairs of the government of india, which alone has the power to consider and adjudicate upon the issue relating to citizenship and the appellant cannot seek any relief from this court under article 226 of the constitution and no writ of mandamus could be issued even without an application being made to the ..... iii and therefore the acquisition of the passport as conclusive proof of the loss of citizenship would not arise....21. in a recent decision in dipali katia chadha v. union of india : (1996)7scc432 , in a writ petition filed before the supreme court under article 32 of the constitution, the father of two petitioners had written a letter to the secretary, ministry of .....

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Mar 29 1990 (HC)

Poosariar Ekambaram Pillai Vs. Visalakshi and ors.

Court : Chennai

Reported in : (1990)2MLJ90

..... adduced before the election tribunal.9. it is necessary now to find out whether the election tribunal has arrived at a correct finding with regard to the citizenship, under article 5 of the constitution of india.10. it is to be mentioned at this stage, that after remand in the election petition, the first respondent's mother was further examined through an ..... . it will be seen from article 5 of the constitution of india that at the commencement of the constitution domicile formed a basic condition among others for the acquisition of citizenship. article 5 of the constitution reads as follows:5. at the commencement of this constitution, every person who has his domicile in the territory of india and..(a) who was born in the territory of ..... of india; orc) who has been ordinarily resident in ..... india; or (b) either of whose parents was born in the territory .....

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Mar 29 1990 (HC)

Poosarilar Ekambaram Pillai Vs. Visalakshmi and Others

Court : Chennai

Reported in : AIR1991Mad203

..... adduced before the election tribunal.9. it is necessary now to find out whether the election tribunal has arrived at a correct finding with regard to the citizenship, under art. 5 of the constitution of india.10. it is to be mentioned at this stage, that after remand in the election petition, the first respondent's mother was further examined through an ..... . it will be seen from art. 5 of the constitution of india that at the commencement of the constitution domicile formed a basic condition among others for the acquisition of citizenship. article 5 of the constitution reads as follows :--'5. at the commencement of this constitution, every person who has his domicile in the territory of india and... (a) who was born in the territory of ..... territory of india; or (c) who has been ordinarily resident ..... india; or (b) either of whose parents was born in the .....

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Jul 08 1970 (HC)

In Re: Mrs. Aga Begum

Court : Chennai

Reported in : (1971)1MLJ18

..... her being an iranian national, that would not certainly have the effect of obliterating her status as a citizen of india under article 5 of the constitution of india. it is not the case of the prosecution that she ever renounced her indian citizenship.12. the learned public prosecutor brought to my notice the true legal position enunciated by the supreme court in paragraph ..... of the constitution. - at the commencement of this constitution, every person who has his domicile in the territory of india and-(a) who was born in the territory of india; or(b) either of whose parents was born in the territory ..... of india; or(c) who has been ordinarily resident in. the territory of india for not less ..... that she was born in india and had never left india and that, therefore, she cannot be called a foreigner. on these facts, proved on behalf of the prosecution and the petitioner, i am inclined to scrutinise the question that arises for determination in the light of article 5 of the constitution of india and the provisions of the citizenship act of 1955.article 5 .....

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