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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: delhi Page 5 of about 145 results (0.038 seconds)

Sep 04 1979 (HC)

inder Mohan Bhardwaj Vs. Union of India and ors.

Court : Delhi

Reported in : AIR1980Delhi20

..... either house of parliament and mentions various eventualities. sub-clause (d) of clause (1) of the article contemplates an eventuality if he is not a citizen of india or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state. clause (c) provides that if he is so disqualified by or ..... civically militant electorate. in a democratic society like ours, relief must come through an aroused popular conscience that scars the conscience of the people's representatives(5) framers of the constitution also recognised this limitation. thus when dr. ambedkar was asked to introduce a disqualification against a convicted person being appointed a minister of state he disagreed on the ground that ..... . lekhi's case that respondent no. 2 is disqualified under any provision of the said act. the sole argument of mr. lekhi on which he seeks a declaration about the constitutional ineligibility .of respondent no. 2 to remain a minister is on the ground of the alleged disqualification mentioned in article 102(1)(d) i.e. under any acknowledgment of allegiance ..... written. the question however still remains whether these letters result in malring respondent no. 3 ineligible to remain a member of the council of ministers.(3) article 74 of the constitution provides for a council of ministers to aid and advise the president. article 75(1) provides for the appointment of ministers on the advice of the prime minister. no qualification .....

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Feb 08 2011 (HC)

Sarabjit Singh Anand and ors Vs. Bharat Petroleum Corporation Ltd.

Court : Delhi

..... company."4. it is stated that one of the partners shri gurmukh singh settled down in the united states of america in 1974 and subsequently acquired the citizenship of usa. shri gurmukh singh returned to india in 1992. he filed suit no. 2619 of 1992 for dissolution of partnership. a preliminary decree was passed in the said suit on 17th october 1995 ..... is whether the bpcl can be faulted for not granting permission in terms of the clause 10(s) of the agreement dated 11th november 1974 to the change in the constitution of the firm or dissolution of the firm.15. the facts show that the firm stood dissolved by the preliminary decree dated 17th october 1995 passed by this court. that ..... . clause 10(s) of the agreement dated 11th november 1974 reads as under:"10. the licensees hereby covenant and agree with the company as follows:(s) not to change the constitution of the licensees firm nor to dissolve the partnership nor admit new member as partner nor allow any partner to withdraw from the partnership without obtaining the previous consent in .....

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Nov 30 2015 (HC)

Arvind Khanna Vs. Central Bureau of Investigation

Court : Delhi

..... submitted that even the international covenant on civil and political rights, 1966, article 15, clause-1, ratified by india states that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. nor shall heavier penalty ..... replied in the affirmative by stating that every donation from an indian, who has acquired foreign citizenship, is treated as foreign contribution. this will also apply to pio card holders and to overseas citizens of india. however, this will not apply to nris who still hold indian citizenship. 46. on the other hand, mr. narender mann, learned standing counsel for respondent cbi ..... would help sustaining the validity of the law by applying the doctrine of reasonable construction rather than applying a doctrine which would make the provision unsustainable and ultra vires the constitution. (u.p. power corporation ltd. v. ayodhaya prasad mishra). xxxx xxxx xxxx 39. as we have already noted in reaching this conclusion, light can be drawn from legal maxims. ..... act 1987 must stand superseded by the corresponding benevolent provision in tada act 1987. it is a permissible course and the express prohibition contained in article 20(1) of the constitution is not a bar for resorting to the corresponding sub-section in tada act 1987. ? 69. moreover, the international covenant on civil and political rights, 1966, article 15, clause .....

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Jan 29 2010 (HC)

Sarwan Dass Bange Vs. Ram Prakash

Court : Delhi

Reported in : 167(2010)DLT80

..... last 40 years is highly unlikely to shift to delhi. however, in view of the observations in baldev singh bajwa (supra), the same do not constitute a ground for granting leave to contest to the respondent/tenant. the supreme court has held that if the landlord does not occupy the premises, the ..... 1992) dlt 208 it was held that there is no provision of law whereby an indian who had acquired foreign citizenship is disentitled to enjoy residence in his own property in india when he chooses to return to india. aslo, in s.p. kapoor v. kamal mahavir prasad murarka : 97 (2002) dlt 997 this court ..... / or that his requirement is bona fide and besides the same has merely stated that the petitioner has been living abroad, has never lived in india and has no intention to live in delhi. however, the respondent/tenant has not controverted the averments in the petition for eviction of the petitioner/landlord ..... court. from the said documents, there is no manner of doubt that not only a perpetual deed of lease was executed by the president of india with respect to land underneath the house in favour of the petitioner but a conveyance deed of the superstructure was also executed and registered in ..... ; that the requirement of the petitioner/landlord is not bona fide - neither the petitioner nor any of his dependents have any intention to reside in india.5. the additional rent controller has in the order impugned in this petition dealt with the matter in a very cursory manner. after reproducing the pleadings .....

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Apr 27 2012 (HC)

Surjeet Singh Vs. State and Another

Court : Delhi

..... for the reasons stated hereinabove, we are of the view that it is not a fit case for exercising our extraordinary jurisdiction under article 226 of the constitution by directing respondent no.2 to either return to new zealand along with children or to give custody of the children to the petitioner. it would, however ..... 1 scc 591. in v. ravi chandran (supra), the supreme court was dealing with a habeas corpus petition filed directly before it under article 32 of the constitution. in that case, respondent no.6 before the supreme court had approached new york state supreme court, for divorce and dissolution of marriage. a consent order governing ..... the petitioner in the rejoinder affidavit filed by him. we cannot examine the truthfulness or otherwise of all these allegations in this petition under article 226 of the constitution. we would, however, like to take note of certain facts which have a bearing on the issue of welfare of the minor children: (a) criminal m ..... a new zealand citizen in march, 2008. both the children were born in new zealand and consequently acquired citizenship of that country. the petitioner, respondent no.2 as well as both their children came to india on 6.3.2009. the petitioner had planned to return to new zealand on 10.4.2009, whereas respondent ..... v.k. jain, j. 1. this is a petition under article 226 of the constitution of india seeking issuance of a writ/order/direction in the nature of habeas corpus to the respondents to produce minor children viz. jasmine kaur .....

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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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Jul 16 2017 (HC)

Dr. Narottam Mishra vs.election Commission of India & Ors.

Court : Delhi

..... from the competent court revoking the earlier declaration can always be obtained upon such declaration, the disqualification ceases. so is the case of status of undischarged insolvency and citizenship of india. the citizenship status of a person can change from time to time.31. in all the above-mentioned situations on the happening of the disqualifying event, a legislator ceases to ..... in dhartipakar madan lal agarwal v. rajiv gandhi (supra) and in particular para 4 thereof. referring to article 190(3) read with section 191 (1) (e) of the constitution of india, mr rohatgi submitted that the eci wrongly understood the disqualification to be applicable to the current period of the appellant being an mla. submissions on behalf of respondent no.3 ..... pointed out that the plea that the disqualification under section 10a would not affect the appellant's current tenure as mla already stood negated when his election petition challenging the constitutional validity of section 10a was dismissed by the division bench of the madhya pradesh high court. the said petition was amended to include the above ground. the order dismissing ..... the fact that the publications of the above mentioned "direct appeals" in his name, containing his photograph, published on the day of the poll, on 27th november, 2008, also constitute an offence under section 171h of the indian penal code, 1860. moreover, in his account of election expenses, the respondent has left the column on "campaign through electronic/print media .....

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Sep 12 1997 (HC)

P.V. Narsimha Rao Vs. Central Bureau of Investigation

Court : Delhi

Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567

..... as to whether he could be taken to be holding 'any office of profit' incurring disqualification under article 191 of the constitution of india. the relevant portion of article 191 of the constitution of india reads as under: .ls1 '191. disqualifications for membership (1) a person shall be disqualified for being chosen as, ..... , 'judicial review of statutes in continental europe' 41 west virginia law quarterly, 112 at p.116] but then the position in india is different. it is the constitution of india which carves the boundaries and the boundaries so carved are neither fluid, nor elusive, nor obscure. (52) it is pre-eminently desirable ..... that even on facts no case was made out for framing of the charges. (17) since the first contention revolved around article 105 of the constitution of india, i think i would rather do well to reproduce it at this very stage. it reads as under: '105. powers, privileges, etc., of ..... so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgements of allegiance or adherence to a foreign state; (e) if he is so ..... disqualified by or under any law made by parliament. explanationn: for the purpose of this clause, a person shall not be deemed to hold an office of profit under the government of india .....

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