Court : Delhi
Reported in : 137(2007)DLT195
..... unbridled and parliament could legislate on all such matters. as a matter of fact, after a careful reading of the words occurring in article 11 of the constitution of india 'all other matters relating to citizenship' power was given to the parliament and if parliament in its wisdom wanted foreign born person not to hold an executive or a public office i.e ..... historical setting of the country and, thereforee, one has to fall back for its content and effect on article 5 of the constitution of india. article 11 of the constitution is to the following effect:parliament to regulate the right of citizenship by law - nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision with ..... and aliens. on the basis of entry 17 in list i of seventh schedule pursuant to power given under article 246 of the constitution of india, the parliament had exclusive power to make laws on citizenship, and, thereforee, the argument of the petitioner that the power of the parliament to make laws could only be subject to the provision of article 5 of ..... being ignorant and illiterate no effective debate on the subject took place. it was thus contended that subsequent article 11 of the constitution cannot delegate the power of making citizenship de hors the control imposed in article 5 of the constitution of india. 8. the debate at page 987 of book no. 5 vol. no. x-xii index to constituent assembly debate was also .....Tag this Judgment!
Court : Delhi
..... of the commencement of the constitution, article 9 states that the deeming fiction of citizenship in articles 5 to 8 will not apply if a person has voluntarily acquired the ..... ). (emphasis supplied)54. the act and the policy refer to the notion of citizenship' and not nationality'. theoretically it may be possible to argue that nationality and citizenship are not necessarily one and the same thing. but where the requirement in terms of article 9 of the constitution of india read with section 7b of the act is to demonstrate that the person is ..... singh, the learned counsel appearing for union of india and mr. k. hari shankar, the learned counsel, appearing for the srfi. interpretation of the relevant provisions20. in order to appreciate the context in which the issue arises, it is necessary first to notice some of the relevant provisions of the constitution of india concerning citizenship. article 5 talks of the position at the time .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1995)54ITD241(Delhi)
..... foreign judgments are not conclusive, section 41 of the evidence act, 1872 on relevancy of certain judgments in probate etc., jurisdiction, and article 5 of the constitution of india on citizenship at the commencement of the constitution, it held that it is a well-established proposition in private international lawihat unless a foreign court has jurisdiction in the international sense, a judgment delivered by ..... the nature both of the requisite fact, viz., residence and requisite intention. residence may be defined as habitual physical presence in a place or country. the residence which goes to constitute domicile certainly need not belong in point of time. as per lord cranworth in bell v. kennedy  lr i sc. & di v. 307 (hl), if the intention of ..... of his holding a united kingdom passport in which he was described as a british subject by birth and the fact that he had not done any act to acquire citizenship of any country and that he was ordinarily resident in united kingdom. hence it is unnecessary for the appellate controller of estate duty to set aside the order impugned before ..... that court would not be recognised or enforceable in india and further that if the foreign judgment was obtained by fraud or if the proceedings in which it .....Tag this Judgment!
Court : Delhi
Reported in : 120(2005)DLT274; 2005(82)DRJ50
..... citizenship after its commencement or the termination of citizenship or other matters relating to citizenship. under art. 11, the constitution expressly saves the power of parliament to make a law to provide for such matters ..... year 1983. now after two decades it is too late in time to entertain a petition under article 226 of the constitution of india. it was for the petitioner to challenge the order made by the competent authority under the citizenship act, 1955. in view of inordinate delay in approaching court without availing the remedy provided under the statute, it would ..... by the petitioner.8. it is contended that respondent no.5 acquired citizenship on or about 30.4.1983 under section 5(1)(c) of the citizenship act, 1955. the citizenship act, 1955 came to be enacted by parliament to provide for the acquisition and determination of indian citizenship. the constitution of india does not, however, make any provision with respect to acquisition of ..... section 5 of the act can be registered as a citizen of india. the procedure, as indicated in part ii of the rules under the citizenship act known as citizenship rules is to be followed. the authority constituted under rule 8 is empowered to register a person as a citizen of india.11. it is not the case of the petitioner that respondent .....Tag this Judgment!
Court : Delhi
Reported in : 151(2008)DLT659; 2008(104)DRJ604
..... constitution of india. it also prays for a writ of certiorari quashing the decision of the government of india declining citizenship to the petitioner. 2. the petitioner is a pakistani citizen and holds a pakistani passport. he is ..... under section 5 of the act. the counter affidavit explains that article 8 of the constitution of india and section 5(1)(b) of the citizenship act deal with persons who are citizens by virtue of birth or descent but are domiciled outside india. the counter affidavit refers to the constitution assembly debates and the description which dr. ambedkar had given to these persons as ..... no avail. the present writ petition was, in that backdrop, filed to assail the constitutional validity of section 14(1) and 14(2) of the citizenship act as also the validity of the order by which the petitioner's request for being registered as a citizen of india has been rejected. it also assails the validity of section 5(1)(b) of the ..... , j.1. in this petition under article 226 of the constitution of india, the petitioner assails the constitutional validity of section 14(1) of the citizenship act and prays for a declaration to the effect that the power granted to the central government to impose 'conditions and restrictions' under section 5(1)(b) of the citizenship act, 1955 is vocative of article 14 of the .....Tag this Judgment!
Court : Delhi
Reported in : AIR2006Delhi2; 123(2005)DLT143; 2005(84)DRJ157
..... is the day on which she ceases to be a minor then all the conditions envisaged conjointly in article 5 of the constitution and section 3 of the citizenship act are fulfillled, that is, she was born and domiciled in india, and her parents are indian citizens. the present case thus present no problems. 9. in these circumstances, the writ petition is allowed ..... that at the time of its commencement every person who is domiciled in the territory of india and who was born in the territory of india shall be a citizen of india. if there is any divergence between the provisions of the constitution and any statute such as the citizenship act, the consequence would be that the statute may have to be struck down as ..... every person born in india between 26.1.1950 and 1.7.1987 shall be a ..... proves that his parents (mother & father) were citizen of india at the time of his/her birth. the applicant requires certificate of registration as an indian citizenship from the govt. of india u/s 13 of the citizenship act. this opinion is based neither on section 3 of the citizenship act nor article 5 of the constitution. as has already been seen section 3 declares that .....Tag this Judgment!
Court : Delhi
Reported in : 146(2008)DLT455
..... provisions of constitution part ii nor of the citizenship act confer the right of citizenship on recognized citizens, any person other than a natural person; that they ..... the parameters of the trai act. learned senior counsel for the petitioners had drawn our attention to entry 31 of list i of the 7th schedule of the constitution of india which mentions - 'posts and telegraph : telephones, wireless, broadcasting and other forms of communications'. evidently, far from being a strangebed-fellow, broadcasting falls in the ..... to 'all citizens'. article 19 inter alias guarantees citizens of india (a) the freedom of speech and expression and (g) the right to carry on any occupation, trade or business. their lordships thereafter observed that the provisions of the constitution of india in part ii relating to 'citizenship' are clearly inapplicable to juristic persons; and that neither the ..... do not contemplate a corporation as a citizen. their lordships poignantly opined that part-iii of the constitution .....Tag this Judgment!
Court : Delhi
Reported in : AIR1970Delhi76
..... to the period subsequent to the commencement of the constitution. section 9 provides that the acquisition of foreign citizenship can be the result either of naturalisation or registration or any other method of voluntarily acquiring such citizenship. just as the citizenship of india can be acquired by naturalisation, or registration, so can the citizenship of a foreign country be similarly acquired by naturalisation ..... the citizenship rules was challenged, but without success. after reproducing section 9 of the citizenship act, it was thus observed by gajendragadkar, j., (as he ..... of the act and the rules contemplates dual citizenship.5. on behalf of the respondents, shri s.s. chadha has relied on the decision of the supreme court in izhar ahmad khan v. union of india : air1962sc1052 . before the supreme court in this case, the constitutional validity of section 9(2) of the citizenship act and of rule 3 sch. iii of ..... in regard to the acquisition of indian citizenship and also the fact that the petitioner visited india on several occasions, have been described to visit india on the strength of a valid passport. the petitioner being a foreigner according to the reply, the fundamental rights guaranteed to citizens under art. 19 of the constitution are stated not to be available to .....Tag this Judgment!
Court : Delhi
..... hilly areas of the state of manipur and are indian citizens by birth within the meaning and intent of article 5(a) and (b) of the constitution of india and section 3(1)(a) of the citizenship act, 1955.5. in 1992, both the petitioners were holding valid indian passports issued under the passports act, 1967. the petitioner no.2 was issued indian ..... citizenship rules, 2009 read with section 9(1) of the citizenship act, 1955. iii. issue a writ of certiorarified mandamus or an appropriate writ, order or direction in the nature of certiorarified ..... and 19 and hence also beyond the competence of the executive power conferred on the union by article 73 of the constitution of india; b) that sub-section (5) of section 10 of the passports act, 1967 and sub-section (2) of section 9 of the citizenship act, 1955 read with rule 40 and paragraphs 3 and 6 of schedule iii of the ..... by respondent no.1 and 2 are void ab initio and also vitiated by malice in law; d) that... petitioner nos. 1 and 2 have not voluntarily acquired the citizenship of any foreign state (canada) within the meaning and intent of article 9 of the constitution of india or of paragraphs 3 and 6 of schedule iii under rule 40(2) of the .....Tag this Judgment!
Court : Delhi
..... at new delhi for the past almost three years; the appellant has mat.app.(fc).244/2018 page 55 of 70 applied for indian citizenship; she has sworn an affidavit of oath of allegiance to the constitution of india, and therefore under section 9 delhi courts would have jurisdiction, in our view, deserves to be rejected. as mentioned above, the expression where the ..... in india. ms. rajkotia also contends that ordinary resident? is different from habitual resident? and domicile?. the said terms cannot be ..... has made her intention very clear that she wants to stay in india and to give up her usa citizenship. appellant has already filed an affidavit stating that she had applied for mat.app.(fc).244/2018 page 11 of 70 indian citizenship and has taken oath of allegiance towards the indian constitution. both these factors would show that her intent is to stay ..... used interchangeably. the citizenship of the parties and their children is irrelevant and the same is not related to being a resident .....Tag this Judgment!