Court : Gujarat
Reported in : AIR1993Guj150; (1993)1GLR602
..... arbitrary, unreasonable or capricious. mr. dave further submitted that the third respondent has rightly observed in the impugned order that the concept of dual citizenship has not been accepted either under the constitution of india or under the citizenship act. mr. dave made a statement under the instructions of the third respondent that if the petitioner will produce necessary certificate in accordance with ..... submitted that if the interpretation of rule 1.4 put forward by the respondent authorities is accepted, the rule would be ultra vires the citizenship act, 1955 as also articles 14 and 21 of the constitution of india being arbitrary and unreasonable. mr. desai also submitted that the impugned action requires to be set aside on the ground that the authorities have ..... to make for the purpose of granting or refusing admission to the applicant, mr. desai submitted that looking to the provisions of the constitution as well as the citizenship act, the petitioner can be said to be a citizen of india and, therefore, is entitled to get admission on that basis. mr. desai, therefore, prayed that the petition requires to be ..... 9 of the act. (xi) the direction of the authority that the petitioner should make application for certificate of acquisition of citizenship is illegal, unreasonable dehors the act and rules and violative of articles 14 and 21 of the constitution of india. 23. a similar question arose before the supreme court in shah mohammad's case 0065/1969 : 3scr1006 (supra). .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
..... india and -(a) who was born in the territory of india; or (b) either of whose parents was born in the ..... parliament. but on the question as to who is a citizen of india on the date of the constitution, the constitution is the sole law. the citizenship act refers to citizenship after the commencement of the constitution and on the question as to who is a citizen of india on the date of the constitution, we have to read for purposes of this appeal articles 5, 7 ..... derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship'.article 10 of the constitution provides that every person who is deemed to be a citizen of india under the constitution shall continue to be such citizen, subject to the provisions of any law that may be made ..... , therefore, on the respondent to prove that he was a citizen of india on 13-10-1957. at this stage, it is necessary to turn to the relevant provisions m the constitution of india and the citizenship act referring to citizenship. article 3 of the constitution of india provides that -'at the commencement of this constitution, every person who has his domicile in the territory of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1964Guj128; 1964CriLJ24; (1964)0GLR273
..... question does not survive in view of our conclusion on the question of migration. if petitioner had succeeded in proving that he had become a citizen of india under the constitution, the question whether his citizenship has or has not been terminated by the central government would have been material.20. the fourth point raised by mr. nanavaty has also no substance. it ..... . the main contention of the and respondent is that although the case of the petitioner fell directly within the purview of article 5 of the constitution of india, the petitioner still did not acquire citizenship of india because his case, directly fell within the purview of article 7. that article is as follows:'notwithstanding anything in articles 5 and 6, a person who has ..... for us to decide that question in the present petition. therefore, arguments were addressed on the subject of the petitioner having acquired the citizenship of india under the constitution on the basis that the petitioner had, in fact, departed from india on the 13th of february, 1948, in such a way that normally he would lose his domicile. but, the contention of the ..... of his father's sister, and that, therefore, the case of petitioners did not fall within the purview of article 7 of the constitution of india; (3) that petitioner remains a citizen of india under article 5 of the constitution inasmuch as no order, depriving him of his citizenship, has been passed by the central government under section 9, sub-section (2) of the indian .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1961Guj109; (1961)GLR57
..... force or compulsion is irrelevant. it is nobody's case that he got himself registered for the purpose of renouncing his citizenship of india. he, therefore, continued to be a citizen of india as laid down in arts. 5 and 10 of the constitution until september 1953 when he was deported. it is not in dispute that when he went to pakistan he did ..... another country, shall upon such acquisition or as the case may be, suchcommencement, cease to be a citizen of india. ac-cording to the respondents, the appellant in this case acquired the citizenship of pakistan before the act came into operation, but, after the constitution came into force. sub-sections (2), of section9 then provides that if any question arises as to whether ..... the jurisdiction of civil courts to decide the question whether a person has lost his citizenship by acquiring the citizenship of another country. as i have pointed out, article 10 of the; constitution categorically lays down that every person who is or is deemed to be a citizen of india shall continue to be a citizen subject to the provisions of any law that ..... was in error who on a mere consideration of article 5 of the constitution has held that the appellant was not a citizen of india. 9. it was, however contended by mr. nanavati that appellant had after his deportation to pakistan acquired citizenship of that country and thereby lost is citizenship of this country. he-based this argument upon the fact that alter the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj194; (1962)0GLR85
..... application for the pakistani passport as also his declaration while obtaining visa 'c' from the office of the high commissioner of india in pakistan would constitute prima facie evidence of his having renounced his citizenship of india and his having acquired the citizenship of pakistan. it is true that in a case where it is alleged by the state government that i a person ..... was final and conclusive, establishing renunciation on his part of the citizenship of india. but, it is the case of the learned government pleader that though the petitioner was a citizen of this country on the date when the constitution came into force he subsequently renounced the indian citizenship and acquired the citizenship of pakistan, it would be the central government, as a tribunal ..... and was also educated there. in view of that statement it is quite clear that the petitioner was, by virtue of article 5 of the constitution, a citizen of india at the time of the commencement of the constitution.6. it was, however, urged by the learned government pleader that there was a dispute between the parties as to when exactly the petitioner ..... under section 9(2) of the citizenship act of 1955, which would have .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1969Guj79
..... constitution was that of his father, as he was a minor then. his further case was that his father having ..... the plaintiff on the ground that the plaintiff was not proved to be a citizen of india on january 26, 1950. in the first appeal before diwan, j. the plaintiff sought to make out his case of indian citizenship on the basis of article 5 of the constitution of india. the case before diwan j. was that his domicile at the commencement of the ..... and came to the conclusion that the learned trial judge was right when he held that the plaintiff has not established his claim of being the citizen of india under article 5 of the constitution. diwan j. accordingly dismissed the appeal of the plaintiff. it is against that decision of diwan j. that this letters patent appeal has been filed by the ..... domicile in pakistan from that date. it was also urged that the plaintiff's father has not acquired any other domicile namely, the domicile in india after august 15, 1947. therefore, at the time when the constitution of india commenced, that is, on november 26, 1949 the plaintiff's father had his domicile in pakistan and consequently the plaintiff had also his domicile .....Tag this Judgment!
Court : Gujarat
Reported in : (1989)2GLR865
..... submitted that the matter has to be referred to the central government as the decision as to whether the petitioner is a citizen of india or not has to be taken only by such authority constituted under the citizenship act. nevertheless mr. desai, distinguishing the case cited by mr. g.d. bhatt, appearing for respondents nos 1 and 3, which is reported in ..... are not prevented from determining other question concerning nationality of a person,... the appellants, claim 10 the citizenship of india was registered on the ground that having migrated to pakistan in 1948. they had never acquired indian citizenship. that might follow from art of the constitution of india. the jurisdiction of a civil court to decide that question is not in any way affected by ..... . in this connection we can usefully refer to article 5 of the constitution of india. article 5 reads as under:5. citizenship at the commencement of the constitution: at the commencement of this constitution every person who has his domicile in the territory of india and:(a) who has bom in the territory of india; or(b) either of whose parents was bom in the territory of ..... municipalities act, 1963 are ultra vires the provisions of articles 245 and 246 of the constitution of india read with schedule vi, list v, entry 17 thereof and section 9 of the citizenship act, 1955.3. it is an admitted fact that the petitioner herein uas born outside india i.e. in campala in africa, that the petitioner holds british passport, that the petitioner .....Tag this Judgment!
Court : Gujarat
Reported in : (1976)17GLR1177
..... of that it is hereby clarified that if it is the case of the defendant-state that after the commencement of the constitution of india on january 26, 1950, the appellant-plaintiff has abandoned the citizenship of india or has acquired the citizenship of pakistan or any other country, it will be open to the state to obtain an adjudication on this question from the ..... -plaintiff being a minor acquired the domicile of birth from his parents and became a citizen of india. he was admittedly born in india. therefore, both the conditions of article 5 of the constitution of india are satisfied. the question, however, is whether his claim to citizenship of india is jeopardized by reason of the fact that in 1948 one abdul gafur with whom the appellant ..... january 26, 1950. it is not the case of the defendant-state in the written statement that the plaintiff had acquired the citizenship of pakistan after the commencement of the constitution of india though an issue on this point has been raised. in the present state of pleadings it is not necessary to remand the matter to the trial court and to stay ..... central government under section 9(2) of the citizenship act.the appeal is, therefore, allowed. it is declared that the appellant-plaintiff was a citizen of india on the date of the commencement of the constitution on 26th january 1950. the respondents are restrained from deporting the appellant-plaintiff from out of the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1987Guj4
..... the territory, not connection with the membership of the community which is at the root of the notion of citizenship or nationality.13. at the time of the coming into force of the constitution of india, the petitioner's father was a domicil of gujarat both by birth as well as by choice. he was ..... of what is referred to above, i have to consider whether the family of a nayi of uttar pradesh who has migrated to gujarat before the constitution of india came into force can, be said to be a family not belonging to gujarat? in other words, whether the family of the petitioner and the ..... in the accompanying annexure i should be considered as socially and educationally backward for the purposes of art. 15(4) and art. 16(4) of the constitution of india.'annexure 'i' to the said resolution shows the castes/classes and groups recommended by the bakshi commission. entry no. 76 of the said annexure 'i' ..... in annexure 'i' to the said resolution to be s.e.b. class for the purpose of arts. 15(4) and 16(4) of the constitution of india. the said recommendation of the commission has been accepted by the government by the said resolution. the operative portion (i.e. para 2) of the said ..... 'citizenship by domicile', which is as under:'the term 'domicile' is not defined in the constitution. every person is born with a domicile of origin. in other words, every person has a domicile at his birth, which is called domicile of origin, this continues to prevail until he acquires a new domicile central bank of india .....Tag this Judgment!
Court : Gujarat
Reported in : 1966CriLJ210
..... but that is not sufficient to prove citizenship at the date of the prosecution or at the date of the commencement of the constitution of india. article 5 of the constitution reads as follows:at the commencement of this constitution, every person who has his domicile in the territory of india and--(a) who was born in ..... that he was a citizen of india at the time of the prosecution. there cannot be oral evidence on the point of citizenship, although there can be oral evidence as to the ..... satisfied in this case. but the respondent has not proved that he had his domicile in the territory of india at the commencement of the constitution. he relied on an entry in a school register, but this relates to the year 1938, because it is stated in the certificate ..... of the requirements of article 5 of the constitution, namely, that the respondent had his domicile in the territory of india at the commencement of the constitution. the respondent has, therefore, failed to prove that he was a citizen of india at the commencement of the constitution. he has not led any evidence to prove ..... this article, therefore, two things must be proved, namely, that the person has his domicile in the territory of india at the commencement of the constitution, and secondly one of the things referred to in clauses (a) or (b) or (c). the second requirement has been .....Tag this Judgment!