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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: jammu and kashmir Page 1 of about 12 results (0.022 seconds)

Oct 07 2002 (HC)

State of Jammu and Kashmir, Vs. Dr. Susheela Sawhney and State of Jamm ...

Court : Jammu and Kashmir

Reported in : AIR2003J& K83,2003(1)JKJ35

..... high court opined that the position that emerges as a result of the combined reading of the provisions of articles 5 & 6 of the constitution of india, of the citizenship act and of section 6 of the state constitution is that the juristic or artificial persons like companies and corporations have not been included within the ambit of the term 'permanent resident'.38. state ..... of the power vested in him under clause (i) of article 370 of the constitution of india, made certain previsions of the constitution of india applicable to the state of j & k under the constitution (application to jammu and kashmir) order, 1954. as noticed earlier, part-11 of the constitution, relating to citizenship, was also made applicable and it is provided that this part shall be deemed ..... was agreed between the two government that the right of the 'permanent residents' of the state would be protected but at the same time citizenship of india should not be denied to them. the constitution application order of 1954 applied part ii of the constitution to the state but with modifications' and with new article, under article 35-a under article 370, president of ..... unless, it be shown that he has permanently migrated to pakistan.26. as articles 10 and 11 of the constitution of india have been extended to the state of j & k, the citizenship act, 1955 extends to the state.27 section 7 of the state constitution provides that all references in any existing law to 'hereditary state subject' or to the 'state subject of .....

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Aug 02 2002 (HC)

World Human Rights Protection Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K6

..... pakistan but her minor children were held entitled to indian citizenship because the father had continued to stay in india. it was concluded that the citizenship of ..... -wife was born in india, domiciled in india lateron migrated to pakistan after 1st march, 1947 was not held to the benefit of provisions of article 5 of the constitution of india and was not treated as a citizen of india. though she was born in india, she lost her indian citizenship as she had migrated to ..... concealing the bodies of the dead, rape of women, molestation of them, and detention of women and children indeed against the provisions of the constitution of india and the substantive and procedural law of the land debased the rule of law. no official agency of the state of uttar pradesh accepts the ..... self-respect and plan out a life with full realization of a role which they have to play. article 15, clause 3 of the constitution of india enables the state to make special provisions for children; article 21 provides that no child below the age of 14 shall be employed to ..... nationality. therefore, even if this salutary principle is applied, even then, so far as the minor is concerned, she would be entitled to claim citizenship of india. to repeat, it be seen that the minor (m) was conceived and has taken birth in the state of jammu and kashmir. under normal .....

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May 27 2003 (HC)

Raja Mohammad HussaIn Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K16,2003(3)JKJ639

..... kashmir and was serving in the state government up to 1965 was definitely a citizen of india by virtue of provisions of the citizenship act, 1955 and consequently a permanent resident of the state in terms of the definition as provided under section 6 of the constitution of jammu and kashmir read with state notification no. 1-l84 dated 20.4.1927 and ..... controversy are quoted hereunder:-'6. permanent residents -- (1) every person who is, or is deemed to be, a citizen of india under the provisions of the constitution of india shall be a permanent resident of the state, if on the fourteenth ..... 9 of the citizenship act 1955, which is relevant for the purpose of present ..... , he has no lawful reasons to stay back in india.7. in order to determine the claim and right of the petitioner to stay in india on the plea of he being a permanent resident of state, certain provisions of the state constitution and citizenship act needs to be noticed. section 6 of the constitution of jammu and kashmir defines a permanent resident and section .....

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May 31 1996 (HC)

The Jammu and Kashmir Sharnarthi Action Committee and ors. Vs. State o ...

Court : Jammu and Kashmir

Reported in : AIR1997J& K15

..... a dwelling house therein.' 12. in the light of the foregoing provisions, it is made clear that the provisions of section 6 of the constitution of jammu and kashmir dealing with permanent residents and lawfully acquiring citizenship of india shall be entitled to participate in the 'election of assembly either as a voter or as a representative to be elected.13. therefore when ..... vote in that area or intending to contest as representatives to be elected from that area in the light of the limitation provided under section 6 of the constitution of jammu and kashmir. in that view of the matter it ..... we consider both the provisions of section 6 of the constitution of jammu and kashmir vis-a-vis the above provisions of the representation of people ..... act, 1957, unless the writ petitioners (appellants) either continue to be residents of that area which is now called pok area and continue to enjoy the citizenship of india, cannot either exercise the right of franchise seeking to .....

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Apr 17 1974 (HC)

Sadar DIn Vs. the State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 1975CriLJ88

..... rules of evidence, as may be, prescribed in this behalf.10. deprivation of citizenship.(1) a citizen of india who is such by naturalisation or by virtue only of clause (c) of article 5 of the constitution or by registration otherwise than under clause (b), (ii) of article 6 of the constitution or clause (a) of sub-section (1) of section 5 of this ..... act, shall cease to be a citizen of india, if he is deprived of that citizenship by an order of the central government under this section.9a. a bare perusal of these sections would show that the ..... for resettlement also supports the same conclusion. the migration there referred to appears, to be migration prior to the commencement of the constitution.8. from what has been quoted above it is manifest that article 7 of the constitution of india does not apply to the case of the petitioner and so under that article he does not cease to be an indian ..... contention in our opinion is not tenable and must fail.7. from the plain language of article 7 of the constitution of india it would appear that, a migration to pakistan after 26th january, 1950 the date of the commencement of the constitution is not covered by the aid article. the word 'migrated' occurring in article 7 suggests that the article covered cases .....

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Apr 02 1979 (HC)

Habib Ullah and anr. Vs. Gh. Ahmed Baba and ors.

Court : Jammu and Kashmir

Reported in : AIR1980J& K23

..... that the right of prior purchase act and the restrictions levied on the fundamental right of holding, acquiring and disposing of the property as envisaged under article 19 of the constitution of india were reasonable restrictions, therefore the constitutionality of the provisions of section of the right of prior purchase act was no longer open to challenge. this contention however is fallacious ..... position in so far as the state of j & k is concerned. this will be obvious from sub-section (7) which has been added to article 19 of the constitution of india. this sub-section lays down that it was the concerned legislature which was competent to say whether a certain restriction was or was not reasonable. sub-section (7) of article ..... general and in clause fifthly in particular were or were not reasonable restrictions and as such could be held to be in accordance with the constitution. article 19 of the constitution of india guarantees to the citizens of india what are termed as seven pillars of freedom, one of these pillars was contained in sub-clause (f) of clause (1) of article 19 ..... citizens of india certain fundamental rights including the right to acquire, hold, and dispose of property. all laws whether anterior or posterior were declared void under article 13 to the extent they were inconsistent with these rights though these rights too were subjected to certain restrictions. the constitution preached fraternity not on the basis of religion but on the basis of citizenship and .....

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Nov 13 1981 (HC)

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... as c. m. p. no. 509 of 1980. in the meantime, shri mian bashir ahmad moved a writ petition in this court under article 226 of the constitution of india (shortly 'the union constitution') challenging the constitutional validity of section 24-g of the act and the action of the speaker based thereon. the said petition has been registered as writ petition no. 319 ..... within the union of india, other than an office declared by legislature by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a permanent resident of the state or has voluntarily acquired the citizenship of a foreign state ..... , or is under any acknowledgment of allegiance of adherence to a foreign state;(e) if he is so disqualified by or under any law made by the legislature. (2) for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india, the state ..... within the union of india, other than an office declared by legislature by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a permanent resident of the state or has voluntarily acquired the citizenship of a foreign state .....

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Feb 20 1998 (HC)

Miss. Atya Shamim Vs. Deputy Commissioner/Collector, Delhi (Prescribed ...

Court : Jammu and Kashmir

Reported in : AIR1999J& K140

..... added respondent submits that either he should be heard by this court or a direction be given that when the application vis-a-vis conferring of citizenship of india on the minor is considered, when he should be afforded an opportunity of hearing. this is being opposed by the counsel for the petitioner. ..... release from unlawful detention whether in prison or private custody. in this connection it may be noted that the actual physical confinement is not necessary to constitute detention. control and custody are enough. proceedings by way of habeas corpus can be adopted for obtaining custody of minors by their parents, legal ..... relief had to be refused to the petitioner was summarily rejected. it has also to be said that this court acted under article 32 of the constitution and asked for a report from the district judge who was required to make an inquiry into the question of 'welfare' of the minor because ..... basic features of the english writ of habeas corpus still retain their prestine form and colour because the writ is in terms named in the constitution though the qualifying words of the nature of appearing in arts. 32 and 226 are used deliberately indeed only to indicate that the relief may ..... obtained and the visa stands extended. (vii) a distinction has also been made between a writ of habeas carpus contemplated by article 226 of the constitution and the orders which the court passes under section 491 of the cr. p.c. as applicable to the state of jammu and kashmir. according .....

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Dec 31 2001 (HC)

Romesh Lal Mottan and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2002CriLJ3386

..... observed that 'as a citizen, one sustains special, political, and moral obligation to the state and possesses social and political rights under the constitution and laws thereof.' the term 'citizenship' stands defined at page 1130 of the same volume of the corpus juris secundum. it carries with it the idea of connection or identification ..... citizens which suffers on account of this wide spread loss. it was precisely for this reason, the chapter on fundamental duties was added in the constitution of india, article 51a reminds the citizens of this country that they owe a duty to safeguard the public property and to avoid violence. the citizens of ..... proposition that the state is under an obligation to see to it that the fundamental rights as conferred under article 21 and 22 of the constitution of india are not transgressed and if there is a need to detain a person, then the police authorities are to follow the norms indicated in the ..... in these petitions. one issue is with regard to the rights of the citizens as conferred upon them by articles 21 and 22 of the constitution of india and the other is vis-a-vis duty of a citizen to see to it that the public property is not damaged.9. the supreme ..... was also taken note of in the aforesaid case by the supreme court. the fact that fundamental rights occupy a place of price in the constitution of india and the fact that article 21 provides that no person shall be deprived of his life and personal liberty except under the procedure prescribed under .....

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May 04 2006 (HC)

Abdul Karim and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2006J& K97

..... of fact based on rights ordinarily available to the citizens under the ordinary civil law, and the writ petition under such circumstances under article 226 of the constitution of india or section 103 of the state constitution cannot be entertained. the arguments of the learned counsel for the petitioners, therefore, fails on all the counts and we do not find any ground to ..... . the suppression of the fact of obtaining chinese passport in the petition itself as well as of his application for registration as an indian citizen under section 5 of the citizenship act, in my opinion do not entitle the applicant for equitable relief of injunction claimed in the instant application.... 15. it is profitable to reproduce relevant portions of paras ..... to change his citizenship and acquired the chinese citizenship and became a chinese national. the aforesaid documents have been sought to be impeached by the applicant in this application on the ground that the applicant was compelled ..... mahua v. u.o.i. and anr. reported in : air1971cal507 has observed as under:9. it is true that obtaining of passport is not conclusive evidence of acquisition of citizenship. in the instant case all the aforesaid documents including the application made by the applicant for being registered as an indian citizen go to show that the applicant chose voluntarily .....

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