Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: guwahati Page 1 of about 44 results (0.020 seconds)

Oct 06 2015 (HC)

Michiri Khatun @ Michiran Khatun @ Michiran Nessa Vs. The Union of Ind ...

Court : Guwahati

..... the authority to take all measures for protection of the state of assam from such external aggression and internal disturbances as enjoined in article 355 of the constitution of india. 7. once a proceedee is declared to be a foreigner within the stream of 01/01/1966 to 25/03/1971, it is incumbent on ..... was noticed that in-spite of the said declaration, the name of the petitioner was incorporated in the voter list of 1997 violating the provisions of the citizenship act. it was also recorded in the order that because of such approach on the part of the state government, the concerned officers are liable for appropriate ..... 2014, making a mockery of the declaration made by the foreigners tribunal and also the provisions of the citizenship act. 6. as has been held by the apex court in sarbananda sonowal vs. union of india and others reported in (2005) 5 scc 665, there is no manner of doubt that the state ..... limit provided under 2a above, she is not entitled to get her name registered and consequently she is a foreigner making her liable to be deported from india. 12. for all the aforesaid reasons, the writ petition is dismissed. the petitioner shall be deemed to be a declared foreigner and shall be taken ..... a citizen of india as has been acquired by a person of indian origin who came to assam from the specified territory prior to 1.1.1966, by virtue of the deeming provision in sub-section (2) of section 6a of the 1955 act ... following the aforesaid decision, the citizenship rules of 2009 .....

Tag this Judgment!

Mar 10 2004 (HC)

Dal Thang and ors. Vs. State of Mizoram and ors.

Court : Guwahati

..... not produced anything to prove their citizenship of india even in the writ proceeding. this naturally casts a serious doubt regarding the ..... petitioners have got remedy under the provisions of the customs act, 1962 itself. it will be a wise discretion not to exercise the power under article 226 of the constitution of india so as to interfere with the confiscation proceedings, which culminated to the aforesaid final adjudication orders. there is also no challenge to the same. the petitioners even after ..... veracity of the statement that the petitioners belong to mizoram, india and that they did not receive any notice relating ..... mentioning anything as to whether they have acquired indian citizenship. this is precisely the reason as to why there is no statement in the writ petition to the effect that the petitioners are citizens of india which statement is normally made in a writ petition. they have only referred to the constitution of india for protection of life and property. they have also .....

Tag this Judgment!

Jan 03 2013 (HC)

The State of Assam, Represented by the Commissioner and Secy and Other ...

Court : Guwahati

..... not a foreigner? 72. article 5 to 9 of the constitution determines, who are citizens of india at the commencement of the constitution. the constitution does not make any provision with respect to the acquisition of citizenship after its commencement or the termination of such citizenship as well as other matters relating to citizenship. article 11 of the constitution, however, expressly saves the power of parliament to make ..... a law to provide for such matters, namely, the acquisition and termination of citizenship and ..... to 9 of the constitution of india determined, who are citizens of india at the commencement of the constitution and by the 1955 enactment, which was made by the parliament in exercise of the power conferred under article 246(1) read with entry 17 of list one in the seventh schedule and article 11 of the constitution, the provisions for acquisition of citizenship, after the commencement .....

Tag this Judgment!

Jun 02 2014 (HC)

Shah Mohammed Anwar Ali, Assam and Others Vs. The State of Assam, Repr ...

Court : Guwahati

..... impugned judgment and order under challenge. 16. section 5 of the 1955 act provides for acquisition of citizenship by registration. sub-section (1), as stood prior to 2004 amendment, provides that any person, who is not already a citizen of india by virtue of the constitution or by virtue of any other provisions of the act and belongs to any of the categories ..... court. the learned addl. advocate general, therefore, submits that the appellants having not disclosed these facts are in fact not entitled to the equitable relief under article 226 of the constitution of india, and the writ petition filed by them deserves to be dismissed for suppression of material facts. 12. the learned addl. advocate general in support of his contention has placed ..... section (2) of section 9 of 1955 act, therefore, empowers the central government to determine the question as to whether, when or how any citizen of india has acquired the citizenship of another country, if such question arise for consideration. it is, therefore, the central government and no other authority, who can determine such question. the writ court would also ..... another country, until the central government otherwise directs. sub-section (2) provides that if any question arises as to whether, when or how any citizen of india has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf. 23. sub- .....

Tag this Judgment!

Apr 30 1992 (HC)

Khudiram Chakma Vs. Union Territory of Arunachal Pradesh and ors.

Court : Guwahati

..... occurs in a place then under occupation. under the said act, only those mentioned in the said section can be regarded as citizens of india. the word 'india' mentioned in the constitution of india is the territory which now comprised in india. from the above, it is an admitted fact that the petitioner and other members of the chakma families cannot be regarded as citizens ..... act), every person born in india, on or after the 26-1-1950, but before the commencement of the citizenship (amendment) act, 1985, on or after such commencement and either of whose parents is ..... a writ in the nature of mandamus and/or certiorari or prohibition or any other appropriate writ or direction.4. the petitioner has contended that fundamental rights guaranteed under the constitution of india are violated and the actions of the respondents are violative of principles of natural justice. the impugned annexure 5 notice is illegal, arbitrary and not informed of any reasons ..... they are not citizens of india, whether the authorities concerned have right to give direction to those chakma people to move to another place; and (iii) whether the impugned annexure 5 order dated 15-2-84 is arbitrary, devoid of reason and violative of the provisions of constitution.point no. (i)16. under section 3 of the citizenship act, 1955 (shortly the 1955 .....

Tag this Judgment!

Mar 29 1993 (HC)

Md. Sibar UddIn and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... , 1966 and on fulfilment of the conditions as laid down in section 6a of the citizenship act he shall be deemed to be a citizen of india. but the section also provides that any person seeking registration under the said section 6a, the opinion of the tribunal constituted under foreigners order, 1964 shall be deemed to be the sufficient proof regarding registration. on ..... the other hand if a foreigner enters india after 1-1-1966, but before 25-3-1971 his question has to be determined by the tribunal constituted under the act. 7. as in the case in hand a specific statement has been made in the plaint that the ..... plaintiff no. 1 entered india with his father in the year 1940, the plaintiffs can be deported only after obtaining opinion of the foreigners tribunal constituted under the foreigners act, 1946 and if such an opinion is against the plaintiffs. accordingly, if the concerned authority wants ..... arisen on a representation made by such person against any order under foreigner act, 1946 requiring him not to remain in india or to any other effect or has amen in any other manner whatsoever, refer such question to a tribunal constituted under the act for such decision, section 23 of the act, inter alia, provides that after establishment of the tribunal .....

Tag this Judgment!

May 10 1960 (HC)

Abdul Jalil Vs. the State

Court : Guwahati

..... allowed. in present case the petitioner is not challenging the validity of the order under article 226 of the constitution. he was given a notice to quit india within a month. if his case was covered by section 9 of the indian citizenship act, he had sufficient time t0 get a decision from the central government. he had violated the order and ..... five years immediately preceding the commencement of the constitution. the magistrate after consideration of the evidence has come to the conclusion that the petitioner failed to prove ..... virtue of article 5(1) of the constitution which provides that at the commencement this constitution every person who has his domicile in the territory of india and who has been ordinarily, resident in tile territory of india for not less than five years immediately preceding such commencement, shall be a citizen of india. he did, not claim indian citizenship by birth. he urged that he ..... had been resident in india for not less than .....

Tag this Judgment!

Jan 21 1992 (HC)

Md. Sahid Ali Fakir and ors. Vs. Union of India (Uoi) and anr.

Court : Guwahati

..... revisional jurisdiction to the high court has been deleted. however, in appropriate case this court can exercise jurisdiction under article 227 of the constitution of india and this petition is treated as a petition under article 227 of the constitution. 2. proceedings under the provisions of foreigners act in f.t. case no. 13/80 was initiated against the petitioners before the ..... foreign national and subjecting him to deprivation of his fundamental right guaranteed under article 21 and the right under article 300a of the constitution, without any authority of law. it is unsafe to adjudge a person residing permanently in india (assam) as foreigner on the sole testimony of the enquiry officer. in the instant case, the learned tribunal solely on the ..... consequent deportation from his permanent residence with the members of his family and throwing them to unknown destination would naturally entail immense suffering. before adjudging the person permanantly residing in india (assam) as foreign national, the tribunal should be cautious, slow, retrospect and should make close scrutiny of the materials on records to see as to whether the state has ..... . the learned tribunal by the judgment and order dated 17-2-86 passed in the i.m.d.t. case no. 8 of 1985, held that the petitioners migrated to india (assam) from bangladesh in the year 1973 and therefore were foreign nationality. the petitioners preferred appeal case no. 10/ 86 impugning the order of the tribunal. the learned appellate .....

Tag this Judgment!

Jun 05 2008 (HC)

Dinesh Chandra Saha and ors. Vs. State of Assam and ors.

Court : Guwahati

..... and wife while petitioner no. 3 is the daughter and petitioner nos. 4 and 5 are their sons. they together filed this instant writ petition under article 226 of the constitution of india for setting aside the judgment dated 18.9.2000 passed by the learned president, the illegal migrants (determination) appellate tribunal, assam, guwahati passed in appeal case no. 3 of ..... was of the view that perhaps these two certificate of registration were issued under the provision of section 5(1)(a) of the citizenship act, 1955. since section 5 applies to minor children of persons who are citizen of india. in this context it would be appropriate for this court to put the provision of section 5(1)(a) and 5(1 ..... the tribunals does not see any cogent ground to interfere with the judgments of both the tribunals. no question of violation of fundamental right under articles 14 & 21 of the constitution of india creeps in.9. writ petition accordingly stands dismissed. stay, if any, stands vacated. no order as to cost. ..... follows:5. citizenship by registration - (1) subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the central government may, on an application made in this behalf, register as a citizen of india any person not being an illegal mi-ginr.t who is not already such citizen by virtue of the constitution or of any .....

Tag this Judgment!

Jun 12 2009 (HC)

Marion Begum and Etc. Vs. State of Assam and ors. Etc.

Court : Guwahati

Reported in : AIR2010Gau37

..... section 15 is challenged not only arbitrary and violative of article 14 but also inconsistent with the scheme of part ix of the constitution of india.4. part ix of the constitution, as it exists today, was inserted by the constitution seventy third amendment act, 1992 w. e. f. 24-4-1993. under article 243b it is mandated that the panchayats at the village ..... the constitution such as the representation of the people act, provide for vacation of the office of an elected representative either to the parliament or a legislative assembly in various contingencies such as holding an office of profit either under the govt. of india or the state govt., as the case may be or on becoming an undischarged insolvent or acquiring citizenship of ..... a foreign state etc. such prescriptions, in our view, are the 'practical adaptation to the attainment of a just result' - a politically just result. the vacation of the membership of the parliament or the legislature of the state, as the case may be, in such contingencies, as indicated above, is perceived by the constitution makers to be ..... , intermediate and district levels, are required to be constituted in every state in accordance with the provisions of this part. the expression 'panchayat' itself is .....

Tag this Judgment!


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