Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: delhi Page 2 of about 145 results (0.045 seconds)

Mar 06 2018 (HC)

dr.navtej Singh vs.state of Nct & Anr.

Court : Delhi

..... s.a., neither of them can be deemed to be indian citizens under the citizenship act. both the petitioner and respondent no.2 renounced their citizenship of india upon acquiring american citizenship. in this regard, we may refer to article 9 of the constitution of india, which reads: ?9. persons voluntarily acquiring citizenship of a foreign state not to be citizens. no person shall be a citizen ..... the court which has the closest concern and most intimate contact, and which may have passed such orders. this court, while exercising its jurisdiction under article 226 of the constitution of india and dealing with a writ of habeas corpus, does not function as an executing court, to enforce such like orders of a foreign court. this court would independently examine ..... 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.? 54 .....

Tag this Judgment!

Jan 27 1992 (HC)

Atma Steel Ltd. Vs. Harbir Singh

Court : Delhi

Reported in : 46(1992)DLT332

..... of india. in terms of the provisions of section 9 of the citizenship act read with rule 30 read with schedule iii it is within the ..... ) that the respondent at the time of applying for grant of permission under section 21 of the delhi rent control act was a foreigner and had determined citizenship of india and had acquired the citizenship of u.k. this fact was never disclosed to the addl. rent controller while obtaining permission under section 21 and as such the permission is vitiated by fraud ..... domain of the central govt. to return the finding of fact regarding the acquisition of british citizenship by the res' pondent. the addl. rent controller or any other court ..... , (ii) the right to reside and settle anywhere in india is not available to any foreigner or any person other than the citizens of india. all statutes, laws and act are subject to the constitution .....

Tag this Judgment!

Mar 05 2014 (HC)

Grand Vasant Residents Welfare Association Vs. Dda and ors.

Court : Delhi

..... be possessing the necessary documents to show that he is a citizen not only within the meaning of the provisions of the constitution of india but also within the provisions of the citizenship act.46. in the decision reported as 2003 acj1274national insurance co. vs brij pal singh, a db of the allahabad high ..... and huda lay-out rules, 1982.12. it is now well settled that having regard to the provisions of article 48-a of the constitution of india, the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. after article 48-a ..... the said question must be rendered in the negative. right to clean environment is a part of the fundamental right under article 21 of the constitution of india. the land earmarked for park cannot be converted or changed into land for other purposes. if the corporation had no jurisdiction to grant permission ..... authority the court held as under: 9. it is a matter of great regret that the fond object for which the g.d.a. was constituted remained unaccomplished. the raj nagar scheme is meant for the reasonable accomplishment of the statutory object, which is to promote the orderly development of the ..... was introduced by the constitution (42nd amendment) act, 1976, there has been sudden spurt of litigation by well meaning social activists to protect quality of .....

Tag this Judgment!

Sep 11 2017 (HC)

Ligy Abraham vs.union of India & Anr.

Court : Delhi

..... of fairness that is expected of any state agency. plainly, the decision to cancel the petitioner's overseas citizenship as well as the manner in which the same was done is arbitrary and unreasonable and falls foul of article 14 of the constitution of india.17. in view of the above circumstances, the present petition is allowed with cost quantified at ?25,000 ..... .p.(c) 10499/2016 page 6 of 8 13. section 7b of the act provides for conferment of rights on the overseas citizens of india.14. it is apparent from a plain reading of section 7d of the citizenship act, 1955 that an oci registration can be cancelled only in certain circumstances as specified there in.15. concededly, in the present case ..... means of fraud, false representation or the concealment of any material fact; or (b) the overseas citizen of india cardholder has shown disaffection towards the constitution, as by law established; or (c) the overseas citizen of india cardholder has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business ..... same at the igi airport, when she w.p.(c) 10499/2016 page 3 of 8 was not allowed to enter in this country.11. the provisions relating to overseas citizenship of india were introduced in the citizenship act, 1955 by the citizenship (amendment) act, 2003 by act no.6 of 2004 with effect from 03.12.2004. section 7a of the .....

Tag this Judgment!

Jan 14 2016 (HC)

Kumari Sushila Yadav Vs. Lt Col (Retd) Atul Chaudhary and Others

Court : Delhi

..... he would be possessing the necessary documents to show that he is a citizen not only within the meaning of the provisions of the constitution of india but also within the provisions of the citizenship act. 30. in the decision reported as 2003 acj 1274 national insurance co. vs brij pal singh, a db of the allahabad ..... to a plaint (or a writ petition) with positive averments of a negative fact, what is expected in a written statement (or counter affidavit) so as to constitute an answer, has been clarified by supreme court in the decision reported as (2003) 1 scc 18 vithal n. shetti vs prakash n. rudrakar it was held ..... these points, the state authorities can verify the facts and can then lead evidence in rebuttal, if necessary. if the state authorities dispute the claim of citizenship by a person and assert that he is a foreigner, it will not only be difficult but almost impossible for them to first lead evidence on the ..... of a particular country. in order to establish one's citizenship, normally he may be required to give evidence of (i) his date of birth (ii) place of birth (iii) name of his parents (iv) ..... and air 2002 sc 2017 ezhil vs state of tamil nadu. 27. in the decision reported as (2005) 5 scc 665 sarbananda sonowal-1 vs union of india, the supreme court held: 26. there is good and sound reason for placing the burden of proof upon the person concerned who asserts to be a citizen .....

Tag this Judgment!

Jul 20 2018 (HC)

Mohammad Abdul Moyeed vs.union of India & Ors

Court : Delhi

..... , though the petitioner, to begin with, was an indian national and upon migration to canada, gave up his indian citizenship, would also be entitled to invoke the provisions of article 21 of constitution of india on the ground that his personal liberty was fettered by denying him entry in the country, as that, in effect, prevented him from interfacing and mingling with members ..... this court in sterling agro industries ltd. cannot advance the cause of the respondents. w.p.(c) no.10587/2016 page 11 of 20 issue no.(ii) 14. the constitution of india makes it clear that certain fundamental rights provided in part iii are available only to the citizens of this country. articles 15, 16 and 19 fall in this category, while ..... means of fraud, false representation or the concealment of any material fact; or (b) the overseas citizen of india cardholder has shown disaffection towards the constitution of india, as by law established; or (c) the overseas citizen of india cardholder has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any ..... person. w.p.(c) no.10587/2016 page 16 of 20 deny a foreign national's request to enter india, the decision of the state can be tested on the anvil of article 21 and 14 of the constitution by courts in india. this is more so where the foreigner is a person of indian origin who has been given certain rights which .....

Tag this Judgment!

Mar 31 1994 (TRI)

Shaukat Shah Khan Vs. Assistant Controller of Estate

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 [1868] 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!

Aug 24 2018 (HC)

Mohit Sharma vs.union of India

Court : Delhi

..... any time held an indian passport, or who or either of his/her parent or any of his/her grandparent was a citizen of india by virtue of provisions of the constitution of india or section 2 (b) of citizenship act,1955 (act no.57 of 1955). applicants are to provide documentary evidence towards proof of indian nationality or indian origin. required persons of ..... pakistan and bangladesh) but at any time held an indian passport, or either of his/her parent or any of his/her grandparent was a citizen of india by virtue of provisions of the constitution of india or section 2(b) of the citizenship act, 1955 (act no.57 of 1955). there is no stipulation that the pio should not be a resident of ..... india.11. in view of the above, this court is unable to accept that the spdc scheme, as published was only applicable to the persons residing outside india.12. this court ..... india origin (pios) applicants are expected to submit proof of indian origin, preferably a valid pio card or oci card issued by the government of india. those who cannot .....

Tag this Judgment!

Jul 18 2018 (HC)

Kasha Elizabeth Vande vs.ministry of Home Affairs and Ors.

Court : Delhi

..... , the petitioners could have produced some relevant material in support of their claim of acquisition of citizenship, which they failed to do in the absence of a notice. 19. it is also well settled that court will exercise powers under article 226 of the constitution of india only where the petitioner is able to establish a legal right. in calcutta gas company (proprietary ..... hans muller of nurenburg v. superintendent, presidency jail, calcutta and ors. manu/sc/0074/19 1955crilj876 that the power of the government in india to expel foreigners is absolute and unlimited and there is no provision in the constitution fettering this discretion. it was pointed out that the legal position on this aspect is not uniform in all the countries but so ..... rights conferred on the citizens of the country. article 19(1)(d) and 19(1)(e) of the constitution of india guarantee the citizens of this country, a right to move freely throughout the territory of india and to reside and settle in any part of india. this right is not granted to any foreigner and, thus, a foreigner cannot claim any such right ..... vests the central government with absolute and unfettered discretion and, as there is no provision fettering this discretion in the constitution, an unrestricted right to expel remains.18. in louis de raedt v. union of india : (1991) 3 scc554 the supreme court held as under: 13. the next point taken on behalf of the petitioners, that the foreigners also enjoy some fundamental .....

Tag this Judgment!

Mar 09 1973 (HC)

State (Delhi Administration) Vs. Master Tameej

Court : Delhi

Reported in : 1974CriLJ100; 9(1973)DLT324; 1973RLR302

..... a citizen of india. but the constitution also deals with the abnormal sit ration that prevailed in the country about ..... fact in delhi. his parents are indian citizens and he must be. deemed to have india domicile on january 26, 1950. he could thus claim to be an indian citizen on the promulgation of the constitution on january 26, 1950. whether subsquently he renounced indian citizenship by obtaining a passport, and that too at the age of 10 or 11, and got his ..... in the majority judgment. his contentions are that admittedly the respondent having left india in 1947 his case is covered by article 7 of the constitution and so, the respondent is debarred from claiming indian citizenship. that he was only 3 to 4 years old at the. time he left india is immaterial for the purposes of article 7. the acquisition of a separate ..... have to look at the schems. of part ii of the constitution which deals with citizenship. the first article in that part is art 5 and it lays down the normal rule of citizenship. under that. article every person who has his domicile in. the territory of india at the commencement of the constitution and satisfies one of the three conditions laid down therein is .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //