Court : Gujarat
Reported in : AIR1987Guj176; 1987(14)ECC81; (1987)1GLR537
..... not be saved by art. 19(2) or art. 19(6), because the impounding of the passport for an indefinite length of time would clearly constitute an unreasonable restriction. the union contended that though the period for which the impugned order was to operate was not specified in so many terms, it ..... indian territory on the basis of a foreign passport issued by the republic of south africa nor does he dispute that he is a foreign national having citizenship of south africa. as he admits this position, his passport becomes totally irrelevant for the inquiry under s. 51 of the act for infraction of ..... mentioned in the order, need to look at the original passport may arise for the appellate board and in the meantime, if the petitioner leaves india on his foreign passport the appellate board may not be able to look at the said passport. this apprehension is more imaginary than real. if ..... therein. we may in this connection refer to the observations of the majority judgment of the supreme court in the case of maneka gandhi v. union of india, (1978) 1 scc 248: (air 1978 sc 597), bhagwati, j. (as he then was) speaking for the majority has made the following pertinent ..... totally irrelevant. he, however, rightly conceded that question whether he was a foreign national who had entered into indian territory and who had resided in india may involve a question whether he had entered the indian territory armed with foreign passport and to that extent his foreign passport may become relevant. however, .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1968Guj124; (1970)0GLR226
..... doctrine of pith and substance, enunciated by courts of law), the state legislative authority must yield place to the parliamentary legislative authority. ours is a federal constitution and it is now well recognised that both the parliament and the state legislatures have full, independent and plenary powers in their own fields. it is equally ..... corporations, it would not be difficult for it to adopt a proper measure in that behalf by enlarging the definition of 'citizen' prescribed by the citizenship act passed by the parliament by virtue of the powers conferred on it by articles 10 and 11. it also pointed out that the fact that ..... legislature was challenged on the ground that that power fell within the purview of entry 55 of the federal list in schedule vii the government of india act. mr. nanavati's contention is that, a tax on capital value of lands and buildings falls within the purview of entry 86 in the ..... 1947, the source of the legislative competence of the state legislature was entry no. 42 in list ii of schedule vii to the government of india act, 1935, whereas the source of the similar power vesting in the state legislature in the subsequent years mentioned above is entry 49 in the ..... appeal, the learned judge held that the rate in question fell within the purview of entry 42 in list ii of schedule vii of the government of india, act 1935, and was within the competence of the provincial legislature. (7) the main contention of petitioner in the present petitions is based upon .....Tag this Judgment!
Court : Gujarat
Reported in : (1998)3GLR2430
..... adoption process is concluded the child shall have the equivalent of a birth registration certificate.7.3 nationality - when the legal adoption is concluded, the child shall be granted appropriate citizenship.in para 22 of the judgment, the supreme court directed that the entire procedure for adoption should be completed by the court expeditiously and as far as possible, within a ..... are the only true names of the parents of the child.20. in this connection, the observations of the supreme court in the case of laxmikant pandey v. union of india : 2scr795 are significant. in para 7, the supreme court noted that the welfare of the children has received a lot of consideration at all levels including the general assembly .....Tag this Judgment!
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!
Court : Gujarat
Reported in : (2000)1GLR111
..... , states that she does not want to return to botswana and that she wants to stay in india. it is contended for her that she is a citizen of india by birth and that her citizenship by birth stands revived. the question of validity of the ex parte order obtained by the petitioner ..... at that time the respondent no.1 was an indian citizen. thereafter, due to marriage she became a citizen of botswana following the petitioner's citizenship. according to the petitioner a daughter and a son were born during the marriage and they are 8 and 4 years of age respectively. some differences ..... before granting custody to their father from their mother. the petitioner did not disclose to that high court of the possibility of having returned to india where her parents resided. therefore, without adjudicating upon the final rights of the parties we find that this is not a fit case where in ..... these minor children to remain with their mother. in our view, the minor children cannot be said to have been illegally detained because while in india the respondent, mother is entitled to keep them in her custody since they require maternal care and affection which the petitioner cannot give them in botswana ..... and having read the documents filed in the record, ordered that the respondent shahida was restrained from removing the two minor children from botswana to india or to any other place without the applicant's consent and directed that the applicant be granted custody of the minor children. copies of these .....Tag this Judgment!
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!
Court : Gujarat
Reported in : (1992)2GLR1317
..... the hindu marriage act, would be governed by the provisions of that act irrespective of the question whether he had at the same time acquired a domicile in india. it was held that citizenship was not a necessary or imperative qualification for application of that act when the legislature itself had omitted to make such a qualification a condition precedent to hindus ..... of his or her adoptive father or mother for all purposes with effect from the date of the adoption. reference to the law of domicile of the minor child automatically constitutes a reference to the law of domicile of one or both of the child natural parents whose interest in the adoption is very great. the paramount welfare of the child ..... foreign nationals and primarily apply to the persons to whom the pre-codified law applied. these are the hindus who lived in various areas in india and were governed by the customs which developed locally and ultimately constituted the mitakshara, dayabhaga and other schools of law. the rules of personal law which customarily developed and ultimately were codified in the matters of ..... marriage, succession, adoption, maintenance and guardianship among hindus in india are intended to apply to the persons among whom these rules developed and not to aliens .....Tag this Judgment!
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!
Court : Gujarat
Reported in : AIR1982Guj193; (1981)GLR921
..... section 9(4) of the act was perfunctorily without holding proper inquiry. under the circumstances, the court, in exercise of its suo motu powers under article 227 of the constitution, issued a notice to the applicant in civil miscellaneous application no. 153 of 198o to show cause why the order dated september 9, 1980 made by the district judge in ..... countries'. the indian council of social welfare has pointed out that inter-countrv (adoption) are not a simple matter. they involve a variety of principles and procedures over migration, citizenship, the socio-economic situation of adoptive parents, matching parents with the child, and the acceptance of the child in a different community and culture.therefore, the indian council of social ..... all the district judges and assistant judges. a copy of the judgment together with the appendices to be forwarded to: (1) secretary to the ministry of social welfare, government of india, (2) secretary to the social welfare and tribal development department, government of guwat, (3) director of social defence, government of gujarat and (4) indian council of social welfare.16. ..... passport for the minor female child. the application was, however ' returned with an endorsement that unless 'the district court passed an order permitting the child to be taken out of india, no passport could be granted to or in respect of the child. thereupon, mr. schumann herbert jakob and mrs. annemarie schumann and the applicant in civil miscellaneous application no. .....Tag this Judgment!
Court : Gujarat
Reported in : (2007)2GLR1764
..... of another country, like u.s.a. in the present case, cannot claim to be an n.r.i. merely on the basis of such citizenship, but has to satisfy the requirement stipulated in the income tax act. he, therefore, urged that the petition was required to be rejected without any interference ..... to have attained majority only on completion of age of twenty-one years and not before. the proviso states that every other person domiciled in india shall be deemed to have attained majority when the person completes the age of eighteen years and not before. this provision assumes importance in light ..... a position contrary to the statutory law.17. under the indian majority act, 1875, section 3 provides for age of majority of persons domiciled in india. the provision stipulates that every minor of whose person or property, a guardian has been appointed or declared by any court of justice before such ..... income tax officer while recording the endorsement. it is pertinent to note that in the financial year 2005-2006, mr. kirit mandlewala had stayed in india only for 26 days while the endorsement records that the stay was for 75 days. mr. joshi does not dispute this error.15. reverting back ..... framed. so long as the state does not do it, it will be for the committees constituted pursuant to islamic academy's direction to regulate.13. pursuant to the aforesaid observations the state has constituted respondent no. 1-committee which has framed the regulations styled as 'regulations and admission procedure to .....Tag this Judgment!