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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: delhi Page 3 of about 145 results (0.036 seconds)

Feb 17 1999 (HC)

Yaro Khan @ Ahmad Shah Vs. Foreigners Regional Registration Officer An ...

Court : Delhi

Reported in : 1999IIAD(Delhi)124; 1999CriLJ3861; 78(1999)DLT442

..... appears that the plea that the petitioner had made the said applications on a wrong advice is an after thought. the petitioner having applied for indian citizenship and for grant of permission to stay in india and having acquired afghan passport repels the contention of the petitioner that he is an indian citizen. in abdus samad vs . state of west bengal, : 1973crilj1 ..... before this court, being criminal writ no. 397/98. in that writ petition the petitioner pleaded that he was born and brought up in india and was not having citizenship or nationality of any other country except india. it was also urged that the order dated may 5, 1998 was passed by the first respondent without affording him an opportunity of being heard ..... 5(1)(a) of the citizenship act, 1955, for being registered as a citizen of india, it was held that the application for registration as an indian citizen totally repels any plea of citizenship of the appellant. thus, the claim of the appellant that he had come to calcutta in 1914 and thereforee at the commencement of the constitution he became a citizen under ..... article 5(c) of the constitution, did not find favor .....

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Sep 12 2011 (HC)

Yaro Khan @ Ahmad Shah Vs. Uoi and ors.

Court : Delhi

..... certificate and the letter from the embassy of afghanistan are highly suspect as aforesaid. mere production thereof would not entitle the petitioner to again seek an opportunity to establish his citizenship of india. this court would not allow its process to be abused. the contention of the petitioner that since the genuineness of the birth certificate is not disputed, till the registrar ..... . it appears that the plea that the petitioner had made the said applications on a wrong advice is an afterthought. the petitioner having applied for indian citizenship and for grant of permission to stay in india and having acquired afghan passport repels the contention of the petitioner that he is an indian citizen. in abdus samad v. state of west bengal air ..... 5(1)(a) of the citizenship act, 1955, for being registered as a citizen of india, it was held that the application for registration as an indian citizen totally repels any plea of citizenship of the appellant. thus, the claim of the appellant that he had come to calcutta in 1914 and therefore, at the commencement of the constitution he became a citizen under ..... article 5 (c) of the constitution did not find favour .....

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Mar 09 2017 (HC)

Mohd. Qamar @ Mohd. Kamil & Anr vs.uoi & Ors

Court : Delhi

..... 'ble mr. justice vinod goel g.s.sistani, j.(oral) 1.... petitioner no.2 has filed the present writ petition under article 226 read with article 21 of the constitution of india and section 482 cr.p.c. seeking a writ of habeas corpus for release of petitioner no.1 from the unlawful custody/detention of respondent no.1.2. with the ..... citizenship act where the person concerned had obtained a pakistani passport and observed in ..... may, 1995. further, they would not have gone underground. efforts would have been made by them way back in the year 1955, to acquire the citizenship of india afresh. the order passed by the union of india is factually correct and in accordance with law.15. we agree with the high court that a case for interference with the order of deportation is ..... in the case of bhanwaroo khan and others v. union of india and others, air2002sc1614 more particularly, paragraphs 12 to 16 which are reproduced below:-" 12. a constitution bench of this court in izhar ahmad khan v. union of india, air1962sc1052 considered the validity of rule 3 of schedule iii of the citizenship rules and the order passed under section 9(2) of the .....

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Aug 21 1998 (HC)

Yaro Khan @ Ahmad Shah Vs. Foreigners Regional Registration Officer

Court : Delhi

Reported in : 1998(47)DRJ242

..... namely, (a) he was born in the territory of india; at (b) either of his parents were born in india; or (c) he has been ordinarily residing in india for not less than five years immediately proceeding the commencement of constitution. the burden to prove each condition is on the person who claims right of citizenship. there is no material brought on record to show ..... that the petitioner was born in india. rather the material brought on record ..... been considered as sufficient for conferring status of indian citizenship on him. grant of status of citizenship on him is evidenced by the very fact of issuance of two passports in his favour. this contention is also without any merit and deserves rejection. the basic condition for applicability of article 5 of the constitution of india is that the person must have his domicile ..... in india at the commencement of the constitution. on satisfaction of this .....

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Mar 15 2011 (HC)

Padam Prasad Sharma Vs. Union of India and ors.

Court : Delhi

..... in the certificate is demonstrably erroneous.30. again the population certificate appears to be of doubtful authenticity and riddled with errors. it can hardly constitute the basis for a complaint against respondent no. 3 as regards his indian citizenship. the report of the dc is categorical that the population certificate is "fictitious and cannot be relied upon." it holds that "it is ..... of ash bahadur rai, resident of mechi zone, ilam district, budhabare village panchayat ward no. 5, by descent as per the constitution of nepal and clause 3 of nepal citizenship act, 2020 b.s. (1963 a.d.)."26. the nepali citizenship act is of the nepali year 2020 bs which corresponds to 1963 ad. it appears that the nepali calendar is approximately 57 ..... is at present the chief minister of sikkim.2. although a further prayer is for a declaration that respondent no. 3 "has ceased to be a citizen of india and disqualified to hold any constitutional post", ms. pinky anand, learned senior counsel appearing for the petitioner, at the outset stated that the petitioner does not press that prayer. he confines his prayer ..... authorities." quoting section 9 of the citizenship act, 1955 (ca'), the petitioner asked that respondent no. 3 be held disqualified from holding the post of the member of the legislative assembly of sikkim and chief minister of the state of sikkim. the petitioner also sought a direction under article 191 (1) (d) of the constitution of india to respondent no. 3 to relinquish .....

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Nov 23 2016 (HC)

Tenzin Tselha vs.union of India 0& Ors

Court : Delhi

..... declaring, in her application for such certificate, that she is a tibetan national, cannot in the circumstances constitute valid grounds to refuse her a passport.29. the policy decision of the mha not to grant indian citizenship by naturalisation under section 6(1) ca to tibetans who entered india after march 1959 is not relevant in the instant case. having been born in ..... , 1955 (hereinafter referred to as the act ) and to issue indian passports.2. the petitioner was born on 11.5.1987. the petitioner, in this petition, claims citizenship of india on the basis of section 3(1)(a) of the act. w.p.(c) nos. 7035 /2015 page 1 of 11 3. it is contended by the petitioner that the ..... automatically and needs to apply in terms of the decision of the respondent.8. section 3 of the act reads as under:-" 3. citizenship by birth- (1) except as provided in sub- section (2), every person born in india, - (a) (b) on or after the 26th day of january, 1950, but before the 1st day of july, 1987; on or after the ..... happen only in certain contexts one of which is outlined in section 8 which reads as under:-""8. renunciation of citizenship: (1) if any citizen of india of full age and capacity, makes in the prescribed manner a declaration renouncing his indian citizenship, shall be registered by the prescribed authority, and, upon such registration, that person shall cease to be a citizen of .....

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May 16 2008 (HC)

Satish Nambiar Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 150(2008)DLT312; 2008(103)DRJ554

..... above principle and observed:the point for consideration is whether a petitioner after with-drawing a writ petition filed by him in the high court under article 226 of the constitution of india without the permission to institute a fresh petition can file a fresh writ petition in the high court under that article. on this point the decision in daryao's ..... writ petition filed by the petitioner before that court had no doubt upheld the order passed by the competent authority under section 7d of the citizenship act, 1955 cancelling his registration as an overseas citizen of india, but the said judgment would stand effaced by the subsequent order passed by the said authority in review under section 15a. the respondents on the ..... , there is no question of the same getting altered or effaced merely because the petitioner invoked the powers of review available to the competent authority under section 15a of the citizenship act, 1955. that is so even when the supreme court had while dismissing the special leave petition filed by the petitioner, made an observation that the competent authority may dispose ..... had hardly suffered any prejudice. obviously, the petitioner is not going to attack the reports of the security agency, and that alone is the cause for cancellation of registration of citizenship granted to the petitioner. in such cases, the authorities are not expected to pass any reasoned orders. in other words, they are not expected to write detailed reasons, particularly when .....

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Mar 18 2019 (HC)

Ajay Maken & Ors. Vs.union of India & Ors.

Court : Delhi

..... basic survival rights. it also enjoins the state to not adopt measures that would deprive them of such basic rights. 35the preamble to the constitution of india, 1950 speaks of ?the people of india having solemnly resolved to constitute india into a sovereign socialist secular democratic republic? securing to all its citizens inter alia ?justice, social, economic and political? and promoting among ..... an articulation to consolidate the demand, within city spaces, for the realization of multiple human rights already recognized internationally.? miloon kothari ?the constitutional and international framework?, urban policies and the right to the city in india: rights, responsibilities and citizenship, unesco, 2011,12. 33istanbul declaration, 14 june 1996, para 3 w.p.(c) 11616/2015 page 53 of 104 the ..... under the administrative control of the central government) or the draft protocol.139. the dusib act and the 2015 policy are by and large in conformity with the constitution and india's obligations under the icescr. therefore, the railways act when it comes to the question of removal of ?encroachments of slum dwellers will have to be understood as ..... gujarat, where a three-judge bench considering the mandate of the human right to shelter read the same into article 19(1)(e) and article 21 of the constitution of india to guarantee right to residence and settlement. likewise, the court made reference to the decision of the supreme court in state of karnataka v. narasimhamurthy, where it had .....

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Aug 08 2002 (HC)

Anand Swaroop Verma and Sherab Shenga Vs. Union of India (Uoi) and anr ...

Court : Delhi

Reported in : 100(2002)DLT78

..... only the short question which remains for consideration is whether the foreigners are entitled to the basic fundamental rights as enumerated in article 21 of the constitution or not? it is the settled position that the opportunity in consonance with the principle of natural justice will depend on the facts and circumstances of ..... any political organization nor is he a member of any organization. it is mentioned that he could have applied for indian citizenship under section 5(1)(c) of the indian citizenship act but in view of the status of nepalese under the indo-nepal friendship treaty there was no need for him do ..... pro-cpn (maoist) journal, teesaro sansar. their photographs and other details are in the confidential file of the respondent. they were all given 'quit india' notices. they were allowed to meet their counsel and thereafter they have been deported to nepal.9. it may be pertinent to mention that the abnes ..... nepal.3. in the petition it is prayed that a writ, order or direction in the nature of certiorari be issued for quashing the 'quit india' notices. it is also prayed that the writ of quo warranto seeking the authority by which the respondents have/are about to deport partha chhetri ..... foreigners act. it is incorporated in the petition filed on 12.7.2002 that the morning newspapers published that they have been served with 'quit india' notices. it is also mentioned in the petition that to the best of the petitioner's knowledge partha chhetri is an indian citizen hailing from .....

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Jan 12 2018 (HC)

Union of India & Anr vs.satnam Singh

Court : Delhi

..... that is undertaken in this behalf, ought to be comprehensive and effective enough to check indirect devices to carry on such movements, such as the burning of the constitution of india or the refusal to take the oath of allegiance, or the raising of flags in any way simulating the flag of a foreign state with a view to ..... the writ petitioners/applicants disowned their country and placed themselves in situations of voluntarily foreswearing india. learned counsel highlighted article 191(1)(d) of the constitution which disqualifies anyone from being member of legislative council of a state if he or she voluntarily acquires citizenship of a foreign state or acknowledges allegiance to a foreign state. it is contended that ..... .7. it is submitted that the decision in satwant singh sawhney v. d. ramarathnam, assistant passport officer, government of india, new delhi & ors. air1967sc1836and maneka gandhi v. union of india air1978sc597cannot be considered as authorities for what constitutes acts prejudicial to the sovereignty and integrity of the country. particular objection was taken to the observations of the learned single ..... the narrow interpretation placed upon the expression act prejudicial to the sovereignty and integrity of india is contrary to the plain .....

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