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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: gujarat Year: 1964 Page 1 of about 1 results (0.012 seconds)

Aug 05 1964 (HC)

The State of Gujarat Vs. Muniruddin, Shabhuddin

Court : Gujarat

Decided on : Aug-05-1964

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 .....

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