Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: gujarat Page 2 of about 33 results (0.013 seconds)

Feb 22 1978 (HC)

State of Gujarat and anr. Vs. Saiyad Aga Mohmed Saiyedm Ohmed

Court : Gujarat

Reported in : (1979)1GLR71

..... in cloth as a hawker. the plaintiff asserted that he never migrated to pakistan with intention to stay there permanently, nor had acquired pakistan citizenship. he was in india, according to the plaintiff, on the independence day when the constitution was enacted. as a matter of fact, his case is that, he had never gone to pakistan at all. however, to his surprise ..... , the government of india called upon him by its notice of march 5, 1963 to show cause, under section 9 of the citizenship act, why the central government should not determine ..... december 20, 1955, and to submit material, if any, in support of his claim that he has not voluntarily acquired the citizenship of india.4. the plaintiff objected to the central government determining his status under section 9 of the citizenship act since he was acquitted by the additional sessions judge, surat in criminal appeal no. 33 of 1958 filed by the state ..... against the principles of natural justice and, therefore, restrained the union government as well as state government from deporting the plaintiff from india till a legal order is made by the union government under section 9(2) of the citizenship act.7. the state government, therefore, carried the matter in appeal before the district court at surat by its regular civil appeal .....

Tag this Judgment!

Jan 23 2013 (HC)

State of Gujarat Vs. Kayamali Hasimbhai Electricwala and Another

Court : Gujarat

..... before. the new procedure would itself become the "procedure established by law" within the meaning of article 21 of the constitution. therefore even on the assumption that loss of indian citizenship with consequent deportation may involve loss of personal liberty within the meaning of art. 21, it is not possible to hold ..... decree dated 8.11.1966. it is further averred by the plaintiff that if the defendants are saying that the plaintiff has lost the citizenship of india and acquired citizenship of another country, it is the duty of the defendants to get such issue decided by the central government under section 9(2) ..... ii) or has voluntarily acquired the citizenship of a foreign state or (iii) is under any ..... indian citizenship on the acquisition of the citizenship of a foreign country. sub-clause (d) of cl. (1) of art. 102 of the constitution provides that a person shall be disqualified for being chosen as and for being a member of either house of parliament (i) if he is not a citizen of india, ( ..... acknowledgement of allegiance or adherence to a foreign state. we are concerned here with a case falling under cl. (ii) and that question has to be decided by virtue of art. 11 of the constitution and .....

Tag this Judgment!

Nov 11 2009 (HC)

Jan Balaz Vs. Anand Municipality and 6 ors.

Court : Gujarat

Reported in : AIR2010Guj21

..... indian citizens by birth. passport to travel abroad therefore, cannot be denied to those babies, who are indian citizens, which would otherwise be violative of article 21 of the constitution of india. section 6 of the passport act refers to the grounds for refusal of passport. section 6(2)(a) says that passport can be denied if the applicant is not a ..... a proper legislation drawing such a presumption including adoption. further the question as to whether the babies born out of a surrogate mother have any right of residence in or citizenship by birth or mere state orphanage and whether they acquire only the nationality or the biological father has to be addressed by the legislature.21. indian council of medical research ..... exists no specific laws in japan concerning parent-child relationship for artificial insemination, and the mother - and - child relationship will be based on the fact of delivery. the issue of citizenship status of such an infant is also a burning problem in japan. the japan supreme court rejected the japanese commissioning parents bid to register their twins born to a u ..... to the regional passport officer to return those passports so that he can take the babies to germany and then make an application in germany so as to acquire german citizenship. petitioner submits that surrogacy is not recognized in germany. even the immigration office at siberia is also insisting production of the passport and not certificates of identity issued by the .....

Tag this Judgment!

Mar 18 1996 (HC)

Rameshbhai Dalsangbhai and ors. Etc. Vs. the Director, Agriculture Mar ...

Court : Gujarat

Reported in : AIR1997Guj1; (1996)2GLR165

..... a reasonable opportunity of being heard.as regards the above judgment, it is required to be noted that the said case arose out of denial of the rights of citizenship under the constitution, the citizenship act and rights under the representation of peoples act, 1950, and the consequent deletion from the list of voters. the said case, however cannot be compared with the ..... that if the action of the authorised officer is held to be consistent with the requirements of the said two rules, then the rules may be rendered ultra vires the constitution. this is a hypothetical submission made by mr. vakharia which depends on what interpretation is put by the forum created under rule 28 of the rules while considering the submission ..... fact finding enquiry to decide whether the petitioners were traders or not and that such findings of fact cannot be interfered with in a petition under article 226 of the constitution. in any case, this dispute can also be resolved by the election tribunal. (h) similarly, the election officer was entitled to hold inquiry regarding the operations alleged to be carried ..... includes a co-operative society, joint family or an association of persons, whether incorporated or not, which carries on such business; section 11 of the act reads as under. '11. constitution of market committee, (1) every market committee shall consist of the following members, namely:-- (i) eight agriculturists who shall be elected by members of managing committees of co-operative societies .....

Tag this Judgment!

Apr 27 1962 (HC)

Abdul Gafar Vs. State of Gujarat

Court : Gujarat

Reported in : AIR1963Guj48; (1963)0GLR247

..... in the light of the facts end circumstances of that case. there the petitioner was born at godhra, of parents who also were born in india and had a domicile in india at the commencement of the constitution. he was, therefore, a citizen under article 5. we held in that case that article 7 did not apply to him as he had not ..... ground of migration as contemplated by article 7. we also held that as there was no order passed by the central government to the effect that he had lost his citizenship by having been in pakistan or on his having obtained a pakistani passport, the order of deportation passed against him was not a valid order and was premature. the facts ..... distinction between the two questions (1) whither a person is an indian citizen or a foreigner and (2) whether a person having once been an indian citizen has renounced that citizenship and acquired a foreign nationality. they held that the first question was not one which was within the exclusive jurisdiction of the central government to decide and, therefore, a civil ..... jurisdiction to determine it. the question therefore whether the petitioner in this case is a foreigner or a citizen of india is within the jurisdiction of a civil court and not the central government by virtue of section 9 of the citizenship act.6. the question then is whether even on the assumption that the petitioner was not a foreigner when he .....

Tag this Judgment!

Jun 17 1986 (HC)

Shrivas Rajeshkumar Satyanarayana Vs. Chairman, Selection Committee an ...

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!

Aug 05 1964 (HC)

The State of Gujarat Vs. Muniruddin, Shabhuddin

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!

Dec 15 1975 (HC)

Smt. Pushpaben Kantilal Shah Vs. K.N. Zutshi and ors.

Court : Gujarat

Reported in : 1976CriLJ1419

..... a court of law is void is normally part of the judicial function and is not a legislative function. although there is in the constitution of india no rigid separation of powers, by and large the spheres of judicial function and legislative function have been demarcated and it is not permissible ..... of separation of powers as recognised in america is not applicable to our country.... the rigid separation of powers as under the american constitution or under the australian constitution does not apply to our country. many powers which are strictly judicial have been excluded from the purview of the courts.similarly ..... become necessary to enquire whether obtaining a passport from a foreign government is or is not inherently relevant in proving the voluntary acquisition of the citizenship of that foreign state ' applying the test for determining whether a particular rule is a rule of evidence or not as indicated in the ..... of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of the country before that date. in paragraph 29, after examining all ..... with the validity of rule 3 of schedule 3 of citizenship rules, 1956, made by the government under the citizenship act, 1955. under rule 3 which was the impugned rule, it was provided that the fact that a citizen of india has obtained on any date a passport from the government .....

Tag this Judgment!

Jun 17 1996 (HC)

Harivallabh Parikh Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR638

..... the criminal procedure code and as such, this special criminal application under article 226 is not maintainable; and secondly, this court will not exercise powers under article 226 of the constitution of india to defeat the mandatory provisions of section 18 of the act of 1989. replying to the preliminary objections, mr. nanavati submits that the remedy under section 438 of the ..... down by the apex court in various judgments.12. he has also raised certain preliminary objections with respect to the maintainability of this petition under article 226 of the constitution of india. firstly, that the prayer in this special criminal application is in the form of anticipatory bail, for which the petitioner has an alternate remedy under section 438 of ..... . pande. she has disclosed her age as 20 years. a preliminary objection has been raised with respect to the maintainability of this petition under article 226 of the constitution of india. on the merits of the case, it is submitted that the petitioner is highly influential person and false statement has been recorded by the police in order to create ..... approximately 25 lakhs. the institution imparts vocational education in several disciplines for the upliftment of scheduled castes, scheduled tribes and other down-trodden people. the petitioner says that national citizenship award was presented to him for his selfless services in the field of social work by spreading the concept and implementing the system of open courts, co-operatives, adult .....

Tag this Judgment!

May 16 2008 (HC)

Gujarat State Petroleum Corpn. Ltd. Vs. the Union of India (Uoi) and 7 ...

Court : Gujarat

Reported in : (2008)3GLR2057

..... account relevant considerations and discard irrelevant considerations. even while being circumspect, to adjudicate disputes arising out of contract the court in exercise of powers under article 226 of the constitution would examine the facts and circumstances of each case to find out the nature of the controversy bearing in mind that any action which involves element of public law or ..... science; government. see synonyms under polity.shorter oxford english dictionary - fifth edition - vol-ii (page 2267)policy in branch i from old french policie from latin politia from greek politeia citizenship, government, etc., from polites, from polis city, state: cf. police noun. in branch interim injunction from assoc. with latin politus polished, refined. cf. also polity.]i 1 an ..... a fixed rate upto 31.12.2008. the case of the petitioners is that by the so called directive dated 06.03.2007 under a purported policy decision union of india (uoi) is seeking to disturb the concluded contracts by overriding the terms of contract between two private parties. 6. the facts which are not in dispute are that one ..... distribution companies, the distribution companies cannot charge anything more from the petitioners who have direct contracts with the distributor companies. that under the guise of directive from union of india the distributor companies cannot call upon petronet to recover a larger amount from the distributor companies so as to enable the distributor companies to recover such larger amount viz. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //