Court : Delhi
Decided on : Jul-04-2008
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
Decided on : May-16-2008
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 .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-2008
Reported in : 153(2008)DLT471; 2008(106)DRJ906
..... rule'. this requires that the conduct of the fugitive criminal in u.s.a. should be transposed to india and then consideration must be given as to whether it constitutes crime in india.19. as can be expected from the erudition and sagacity of mr. mathur, he had drawn our attention ..... , international law frowns on holding the debtor's person in civil prison, as hostage by the court. india is now a signatory to this covenant and article 51(c) of the constitution obligates the state to 'foster respect for international law and treaty obligations in the dealings of organised peoples ..... applications within thirty days. what should be simultaneously addressed by parliament is whether the required or optimum strength of judges, keeping the population of india as the necessary foundation, is in existence. in the present case, the petitioner has indubitably received an elaborate hearing. keeping the dockets on ..... countries and other countries has totally lost its relevance. presently, the only distinction relates to those few countries who have signed extradition treaties with india, and have opted that chapter-iii and not chapter-ii of the extradition act would apply. chapter-ii concerns the extradition of fugitive criminals ..... chapter-iii and not chapter-ii that applies to the petitioner herein, who enjoys dual citizenship of the usa as well as of sri lanka. as has already been mentioned above, an extradition treaty between india and the usa came into effect on 14.9.1999. a conjoint reading of .....Tag this Judgment!
Court : Delhi
Decided on : Aug-12-2008
Reported in : 152(2008)DLT630
..... documents.12. it is fairly conceded by the counsel for the petitioner that sheikh hasina is a bangladeshi national and that she has not applied for indian citizenship after her marriage with mohd. shahid. he submits that sheikh hasina being bangladeshi national can be deported.13. it is submitted by learned counsel for the ..... they are illegal immigrants. merely, because ration card or election identity card has been obtained by fraudulent means, it does not ipso facto confer citizenship upon the foreigners. conferring of citizenship is an act which is governed by law. a foreign national cannot automatically be deemed to be an indian citizen without complying with the procedure ..... for placing the burden of proof upon the concerned person who asserts to be a citizen of a particular country. in order to establish one's citizenship, he may produce (or required to give evidence) of (i) his date of birth (ii) place (iii) name of his parents (iv) their place of ..... the ground that one of their parents is a foreign national. in this regard, section 3 of citizenship act, 1955 is reproduced below:citizenship by birth-(1) except as provided in sub-section (2), every person born in india(a) on or after the 26th day of january, 1950, but before the 1st day of july, 1987;( ..... s.l. bhayana, j.1. this is a writ petition filed under article 226 of the constitution of india read with section 482 cr.pc for quashing and setting aside deportation order dated 23.04.08, passed by respondent no. 4, i.e., dcp, .....Tag this Judgment!