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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: delhi Page 4 of about 145 results (0.038 seconds)

Nov 25 1985 (HC)

TaksIn Ahmed Vs. State

Court : Delhi

Reported in : 1986RLR183

..... question which arises for determination whether in a civil or criminal case, is whether a person, who was an indian citizen when the constitution came into force, had acquired the citizenship of another country or not during the specified period, the proper thing to do for a court where the question arises is to ..... the central govt. only if this court arrives at a finding that he was an indian citizen on 26.1.50 under the provisions of the constitution of india. that being so, i allow this revision petition and set aside the conviction and sentence of the petitioner but refrain from acquitting him. it will ..... dargah is also indicated in ex. pw3/a. no doubt, the burden of proof that he was an indian national on the day the constitution of india came into force lies on the petitioner but i think that the onus has to be discharged on the criterion of preponderance of probibilities because ..... he acquired the same during the relevant period mentioned in the section, that by itself without any thing more would result in the termination of his citizenship of india. as observed by the supreme court in state of u.p.v. shah mohammad 0065/1969 : [1969]3scr1006 , 'the language of s. 9 ..... domiciled in india on the date of the constitution coming into force and it was only subsequently that he went to pakistan. (4) in this view of the matter, thereforee, the contention of the petitioner that the criminal court had no jurisdiction to decide that the petitioner had lost his indian citizenship subsequent .....

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Jan 28 2013 (HC)

Mumtaz Parveen Vs. State

Court : Delhi

..... a position, as a matter of law , on the existing material to hold that the petitioner is an indian citizen. the question whether the petitioner has lost his citizenship of india and acquired citizenship of some other country is to be decided by the central government and not by this court in the person proceedings.10. learned counsel for the petitioner has submitted ..... 197.sc 138.wherein referring to the decisions given in shuja-ud-din vs. uoi 196.crilj 573.abdul sttar haji ibrahim patel vs. the state of gujarat air 196.sc 81.and mohd. ayub khan vs. commissioner of police, madras & anr. air 196.sc 162.by constitutional bench, legal position was reiterated as under : on appeal this court held that neither ..... the magistrate nor the sessions judge was competent to come to a finding of his own that the respondent, an indian national, had disowned his nationality and acquired pakistan nationality for under section 9(2) of the citizenship act that decision could only ..... be made by the prescribed authority. the respondent in that case, according to this court, had become an indian citizen under article 5(a) of the constitution when it came into force and there being no determination by the central government that .....

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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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Aug 28 2019 (HC)

Union of India vs.savitha Kumar

Court : Delhi

..... practice of not informing them of such decision in advance, cannot be countenanced. this is not only unreasonable but militates against our value of fairness that is engrafted in the constitution of india. this practice must be deprecated.5. the secretary, ministry of external affairs is directed to ensure that necessary directions are issued to all the officers, who are authorised to ..... this appeal.2. we have heard the counsel for the appellant who has submitted that the original petitioner, who is respondent in this appeal, is an overseas citizen of india as defined under section 2 (ee) of the citizenship act, 1955 (hereinafter referred to as the act ). it is further submitted by the counsel for appellant (original respondent) that his entry in ..... , 1955 as it was not warranted under the said act. for ready reference, section 7d of the citizenship act, 1955 lpa2192019 page 3 of 5 reads as under: [7d. cancellation of registration as overseas citizen of india cardholder. the central government may, by order, cancel the registration granted under sub-section (1) of section 7a, if it is satisfied that (a) the ..... of any prior intimation lpa2192019 page 4 of 5 in case of blacklisting by union of india, which is done for protecting the integrity and sovereignty and safety of india. similarly, there is no need of prior intimation when the union of india passes any order under section 7d of the citizenship act, 1955, especially for the reasons mentioned in section 7d of the .....

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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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Dec 23 1966 (HC)

Rabinder Nath Malik Vs. Regional Passport Officer, New Delhi and ors.

Court : Delhi

Reported in : AIR1967Delhi1

..... (1905) 2 kb 730 and reference has also been made to the form of a passport in this country and to basu's commentary on the constitution of india, 4th edition, vol. v. p. 371. the decision was affirmed on letters patent appeal and the appellate bench, in addition to the decisions ..... of going out of the country for a travel abroad and of returning back could nto have been denied to the citizens of india by the framers of our constitution. the submission appears prima facie to be somewhat attractive to a democratic mind but on the plain reading of art. 21 ..... , is a political document by which the bearer is recognised in foreign countries as a citizen of the country which issued the passport. the citizenship or allegiance of the bearer is certified and the foreign powers are requested that the bearer may be allowed to pass freely and safely. no ..... passport is concerned, the decision in (1958) 2 law ed. (2d) 1204, it is ntoeworthy, described a passport as an aid in establishing citizenship for purposes of re-entry into the country; of course according to this decision, the crucial function of the issuance of a passport in the united ..... india. this according to the submission, is suggestive of restrictive intendment. our attention has also been drawn to the characteristics of a passport as stated in 40 american jurisprudence p 523, where a passport is described to be a formal document issued by a competent officer of a sovereign state to a citizen subject of the state certifying his citizenship .....

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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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Sep 10 2014 (HC)

Gopal Dass Gogia Vs. Shashi Prabha

Court : Delhi

..... was getting medical treatment at max hospital nor was there any denial that the petitioner was willing to settle in india. the trial court was of the view that since the petitioner had been frequently visiting india for treatment, it was sufficient to constitute her bona fide requirement. the trial court held that if the eviction-petitioner wants to avail the residence facility ..... during visits to india for her treatment, it was a bona fide requirement. a similar situation was dealt with in sheela sapra vs. new india electrical industrial co. p. ltd. 1992 (23) drj65which held that foreign citizenship does not disentitle a ..... landlord to reside in his own premises on his stay in india. the trial court considered the production of passport to count the visits of the landlady to ..... india to be irrelevant. the trial court further held that even if the landlady?s son was not running any .....

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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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Jun 27 2003 (TRI)

Modesto Corpn. and ors. Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(89)ECC656

..... the goods into india and are liable to penalty on account of that. the defence of the appellants is that shri jagdish panjabi is a foreign national (of belize citizenship) and his business are carried out abroad and the sale of the goods abroad on the orders of liberian embassy constituted no offence ..... under the indian customs act. the defence has two limbs -- one is that a sale transactions abroad is not covered by the customs act of india and the ..... db).it is of no relevance that he is located abroad or that he is an alien holding another country's citizenship. he had played his role in implementing the conspiracy and that makes him liable to penalty.customs act, 1962 makes no distinction between citizens of ..... arisen.it is clear from the evidence that jagdish panjabi was a party to the conspiracy of his brother and others to smuggle electronic goods into india in the guise of construction material. by supplying electronic goods, after falsely describing them as construction materials in import documents, shri jagdish panjabi and his ..... other is that customs act is limited in the jurisdiction to the territory of india and sale transactions .....

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