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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: delhi Year: 2018 Page 1 of about 26 results (0.055 seconds)

Mar 06 2018 (HC)

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

Court : Delhi

Decided on : Mar-06-2018

..... 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 .....

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Jul 20 2018 (HC)

Mohammad Abdul Moyeed vs.union of India & Ors

Court : Delhi

Decided on : Jul-20-2018

..... , 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 .....

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Aug 24 2018 (HC)

Mohit Sharma vs.union of India

Court : Delhi

Decided on : Aug-24-2018

..... 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 .....

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Jul 18 2018 (HC)

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

Court : Delhi

Decided on : Jul-18-2018

..... , 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 .....

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Jan 12 2018 (HC)

Union of India & Anr vs.satnam Singh

Court : Delhi

Decided on : Jan-12-2018

..... 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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Sep 28 2018 (HC)

Ms. Stadtmueller Gabriele (German National) vs.union of India and Ors.

Court : Delhi

Decided on : Sep-28-2018

..... good character (clause (e) of the third schedule of the citizenship act).26. it is also important to understand that as an alien, the petitioner is not entitled to the fundamental rights other than article 21 and to a limited extent article 14 of the constitution of india guaranteed to a citizen of india. indisputably, the petitioner does not have any inherent right to ..... reside in india or to be accepted as the citizen of this country. accepting an application for naturalisation by the central government is a ..... of the district collector & state government are an important document/input to consider the application of a person seeking indian citizenship. no foreigner has a right to be granted indian nationality simply on the basis of his/her continuous stay in india or supposed good behavior. the competent authority has to see whether the applicant foreigner would make a good, law- ..... national. her parents are also german citizens. the petitioner was born in germany and had, admittedly, come to india in connection with a business relating to indian handicrafts. she may have spent a considerable time in india, but a refusal to grant her citizenship by naturalisation does not render her stateless as contended on her behalf.38. in view of the above, .....

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Oct 03 2018 (HC)

Prabhleen Kaur vs.union of India & Anr

Court : Delhi

Decided on : Oct-03-2018

..... advocate. coram hon ble mr justice vibhu bakhru vibhu bakhru, j judgment1 the petitioner has filed the present petition under article 226 of the constitution of india praying that the respondents be directed to issue a passport to the petitioner. the petitioner also impugns a letter dated 02.08.2017 (hereafter the ..... if any, raised on the nationality of the petitioner does not survive.31. the petitioner s father also claims to be a citizen of india. however, his citizenship is doubted as his brother is registered with the foreign regional registration offices (frro) as the foreign w.p.(c) 7974/2017 page ..... the administration of goa, daman and diu sent a letter informing the respondent that he had prima facie become a citizen of india by virtue of the goa, daman and diu (citizenship) order, 1962. it was also stated that the respondent was on a secret mission till january, 1964 and, therefore, ..... fact that he has not surrendered the said passport on or before 19.01.1963 would be conclusive proof of his having voluntarily acquired the citizenship of that country before that date. admittedly, the respondent had not surrendered his passport prior to 19.01.1963. he attempted to do so ..... circumstances, the petitioner cannot be denied a passport unless some concrete evidence is available with the respondents, which can raise any doubts regarding the citizenship of the petitioner s mother. a passport is a document evidencing a citizen s nationality and cannot be ignored on mere suspicions. 11. on .....

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Feb 09 2018 (HC)

Sonam Lhanzom vs.union of India and Ors.

Court : Delhi

Decided on : Feb-09-2018

..... 2 of 6 6. it is for this reason that the petitioner has approached this court by way of the instant writ petition under article 226 of the constitution. the petitioner in support of her contentions relies upon the following judgments rendered by this court: - (i) judgment dated 13.04.2017, passed in batch ..... these being section 3(1)(a) and (b) of the 1955 act, which read as follows: 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; (b) ..... in w.p.(c) 1021/2018 page 5 of 6 paragraph 6 above. broadly, these judgments also take a similar view with regard to the claim of citizenship by birth in case of persons of tibetan origin.11. therefore, given the aforesaid circumstances, the respondents are directed to consider the petitioner s application for ..... (1) (a) of the 1955 act.10. in my view, a bare reading of the aforementioned provisions prima facie establishes that the petitioner s claim to citizenship is sustainable, and if, there is no other impediment, her application for issuance of passport ought to be considered. the petitioner in support of her case has ..... for by the petitioner ought not to be granted.9. de hors this aspect of the matter, i may only touch upon the relevant provision of the citizenship act, 1955 (hereafter referred to w.p.(c) 1021/2018 page 3 of 6 as 1955 act ), on which reliance is placed by the petitioner; .....

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Feb 09 2018 (HC)

Sonam Tashi vs.union of India and Ors.

Court : Delhi

Decided on : Feb-09-2018

..... 2 of 6 6. it is for this reason that the petitioner has approached this court by way of the instant writ petition under article 226 of the constitution. the petitioner in support of his contentions relies upon the following judgments rendered by this court: - (i) judgment dated 13.04.2017, passed in batch ..... these being section 3(1)(a) and (b) of the 1955 act, which read as follows: 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; (b) ..... in w.p.(c) 1023/2018 page 5 of 6 paragraph 6 above. broadly, these judgments also take a similar view with regard to the claim of citizenship by birth in case of persons of tibetan origin.11. therefore, given the aforesaid circumstances, the respondents are directed to consider the petitioner s application for ..... (1) (a) of the 1955 act.10. in my view, a bare reading of the aforementioned provisions prima facie establishes that the petitioner s claim to citizenship is sustainable, and if, there is no other impediment, his application for issuance of passport ought to be considered. the petitioner in support of his case has ..... for by the petitioner ought not to be granted.9. de hors this aspect of the matter, i may only touch upon the relevant provision of the citizenship act, 1955 (hereafter referred to w.p.(c) 1023/2018 page 3 of 6 as 1955 act ), on which reliance is placed by the petitioner; .....

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May 11 2018 (HC)

Anshul Aggarwal vs.union of India & Ors

Court : Delhi

Decided on : May-11-2018

..... legislative competence to make the subordinate legislation. w.p. (c) no.1813/2018+connected page 61 of 81 (b) violation of fundamental rights guaranteed under the constitution of india. (c) violation of any provision of the constitution of india. (d) failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling act. (e) repugnancy ..... under:-"?5. that as regards the ineligibility of private candidates to sit for neet is concerned, it is submitted that education is a part of the concurrent list of the constitution of india and accordingly there are 02 types of educational boards across the country. the details are as follows: a. national boards: national boards are cbse, icse & nios. the cbse ..... and accepted equivalence and parity of nios and state open boards with cbse and state boards, etc. (v) disqualification is discriminatory and violates article 14 of the constitution. (vi) prior sanction by the union of india (ministry of health and family welfare) to the amendment and incorporation of proviso to clause 4(2)(a) of the regulations suffers from non- application of ..... /2018+connected page 56 of 81 recognized all over the world observing that education was perhaps the most important function bestowed on the government and the very foundation of good citizenship. it was doubtful if any child would succeed in life if he was denied opportunity to education. the right to education finds reference in three articles of part iv, viz .....

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