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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: karnataka Page 1 of about 50 results (0.015 seconds)

Oct 05 1990 (HC)

Mrs. Jacqueline Chandani Vs. Deputy Director, Enforcement Directorate, ...

Court : Karnataka

Reported in : AIR1991Kant194; 1991CriLJ1408; 1991(32)ECC332

..... of the act.13. to therefore the contention, it is urged that neither arts. 5 to 10 of the constitution of india nor ss. 3 to 6 of the citizenship act, 1955 provide for status of citizenship by origin to the wife of an indian citizen and that the notification issued is violative of the provisions of ..... is no substance in the claim of the petitioner that she being a citizen of u.s. a. cannot be treated as a resident of india and that the citizenship act has no relevance to the question involved. it is contended that the restrictions imposed under s. 8 of the act and the power ..... of appeal and not having exhausted the same, the petitioner cannot invoke the writ jurisdiction under art. 226 of the constitution.19. the question is whether the petitioner is a 'person resident in india' as defined under s. 2(p) of the act and whether the impugned action should fail as legally impermissible.20 ..... u.s. a. and the operation of the accounts continued even subsequent to her marriage. after her marriage, she did not renounce her citizenship of america and when she came to india, she registered herself as a foreigner under the foreigners act, 1946. her visa is being extended from time to time by the concerned ..... arts. 5 to 10 of the constitution and also ss. 3 to 6 of the citizenship act and the rules thereunder. .....

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Mar 05 1976 (HC)

Arun Narayan Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : AIR1976Kant174; 1976(1)KarLJ349

..... unlike in united states where there is dual citizenship, namely, citizenship of the united states and citizenship of any of the individual states, our constitution envisages only a single citizenship of entire india and not citizenship of any individual state in india. mr. iyengar maintained that from the concept of the single citizenship of the whole of india, it follows that there can be only ..... not residing in this state, would take away or abridge his right of citizenship of india.48. to examine the above contention, it is necessary to ascertain what are the rights attached to citizenship of india. such rights have been expressly specified in part iii of the constitution. art. 15 which prohibits discrimination on the grounds of race, religion, caste ..... mr. iyengar referred to articles 5 to 11 in part ii of the constitution. article 5 deals with citizenship at the commencement of the constitution. article 6 deals with the rights of citizenship of certain categories of persons who migrated to india from pakistan. article 8 deals with rights of citizenship of a certain category of persons of indian origin residing outside ..... thereof, such barriers would affect the quality and content of the citizenship of india, attenuate the rights and privileges of a citizen and would also infringe articles 301 to 304 of the constitution which ensure freedom of trade, commerce and intercourse throughout the territory of india and also interfere with the rights of citizens to move freely throughout .....

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Dec 07 2016 (HC)

T.J. Abraham Vs. Ashok Kheny

Court : Karnataka

..... . on this ground, the pleadings in the petition are liable to be struck off. 26. it is further submitted that the matter relating to citizenship cannot be construed as pure and simple civil litigation and deprive the constitutional right of a citizen by declaring that he is not an indian citizen by erroneous presumption that non-denial of allegation amounts to acceptance ..... ) and (iv), 33 (4) and (5), 33-a 36, 5(c) and 9-a of the representation of people's act, 1951 and articles 9 and 173 of the constitution of india, by one sri.abraham t.j., petitioner: candidate (party-in-person), challenging of election of the respondent, sri.ashok kheny to the karnataka legislature from no.49, bidar (south) assembly ..... the representation of peoples act,1951 and articles 9 and 173 of the constitution of india. 2. the case of the petitioner in brief is that election relates to 49-bidar south assembly constituency. the respondent having voluntarily accepted the citizenship of united states, he is not a citizen of india and that the respondent having undertaken the work on behalf or for the ..... government of karnataka, the respondent is not entitled but disqualified to contest the election in view of the provisions under articles 9 and 173 of the constitution of india and section 9-a of the .....

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Oct 12 2007 (HC)

Smt. P. Sharadamma and anr. Vs. Sri Marithibbegowda

Court : Karnataka

Reported in : ILR2007KAR5233; 2007(4)KCCRSN314.

..... teachers working in several educational institutions. secondly, by non-publication in official gazette, the names of the list of prescribed educational institutions as provided under article 171 of the constitution of india and section 27 of the act of 1950.21. in support of the first ground, the petitioner has set out the particulars in paragraphs 10 to 12. area ding ..... of votes of the teachers working in several educational institutions and by non-publication in official gazette the list of prescribed educational institutions as provided under article 171 of constitution of india and section 27 of the rp act the election has been materially affected and therefore they have sought declaration that the election of the respondent from karnataka south teachers ..... candidate is not a citizen of india and hence not qualified, or is disqualified for being a candidate in the election can be raised in an election petition before the high court in spite of the returned candidate holding a certificate of citizenship by registration under section 5(1)(c) of the citizenship act. aplea as to constitutional validity of any law can, in ..... appropriate cases, as dealt with hereinabove, also be raised and heard in an election petition where it is necessary to decide the election dispute. if a person is alleged to be not a citizen of india, and, therefore, suffering from absence of .....

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Jan 25 1989 (HC)

General Secretary, Linguistic Minorities Protection Committee and anr. ...

Court : Karnataka

Reported in : AIR1989Kant226; ILR1989KAR457

..... this would take us to the question : is it freedom from state intervention or is it freedom through state action ?75. the concept of single citizenship, single integrated judiciary, single all india services under a constitution which is unitary in structure though federal in facade. to be conserved and nurtured in order to preserve the unity and integrity of the nation calls ..... is also a clear infringement of the fundamental right guaranteed to linguistic minorities under arts.29 and 30 of the constitution. (ii) the people of india constitute one nation. there is only one citizenship though there are innumerable languages spoken by them. out of these languages 18 or even 22 as recognised by the central sahitya academy are having rich literary heritage ( ..... the children that they are outsiders; though they are in their own country and is injurious to the feeling, of fraternity and inconsistent with one citizenship and one people, as we are, under the constitution.40. it is a matter of common knowledge that persons whose mother tongue is different from the official or regional language of a state reside ..... see page 17 of the dr. gokak committee report). however, major languages of india are fifteen which are specified in the 8th schedule to the constitution. .....

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Sep 17 2009 (HC)

Arasikere Taluk Primary Co-operative Agricultural and Rural Developmen ...

Court : Karnataka

..... is not possible to pierce the veil of incorporation in india to determine the citizenship of the members and then to give the corporation the benefit of article 19. the corporation cannot claim to enforce fundamental rights under part iii of the constitution against the state as defined in constitution against the state as defined in article 12.15. ..... ' in part iii of the constitution. part iii, which proclaims fundamental rights, was very accurately drafted, delimiting ..... they enacted part ii of the constitution relating to 'citizenship', and made a clear distinction between 'persons' and 'citizens ..... page 1812 which reads as follows:the rights of citizenship envisaged in article 19 are not wholly appropriate to a corporate body. in other words, therights of citizenship and the rights flowing from the nationality or domicile of a corporation are not conterminous. the makers of the constitution had altogether left out of consideration juristic persons when .....

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Sep 08 2006 (HC)

Sri Sahasra Lingeshwara Temple, Rep. by Its Managing Trustee Sundaresh ...

Court : Karnataka

Reported in : 2007(1)KarLJ1

..... conditions where there remains no necessity to shield or protect rights of a minority or majority. the constitution has accepted one common citizenship for every indian regardless of his religion, language, culture or faith. the only qualification fir citizenship is a person's birth in india. such enlightened citizenship has to be developed where each citizen, of whatever religion or language, is more concerned about ..... to develop citizenship in which everyone enjoys full fundamental freedoms of ..... his duties and responsibilities to protect rights of the other group than asserting his own rights. the constitutional goal is .....

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Nov 21 1958 (HC)

The Metal Corporation of India Ltd. Vs. P. Colombi

Court : Karnataka

Reported in : AIR1960Kant1; AIR1960Mys1; ILR1959KAR57

..... then merely by the coming into force of art. 5, the defendant cannot be said to be a citizen of india, that is bharat. besides, we have to consider the status of citizenship as conferred by part iii of the constitution but with reference to the question as to whether the court of calcutta was a foreign court. the material provision in the ..... and the territory of india shall comprise of 'the territories of the states as well as other ..... on 26-11-49, is art. 5 which relates to citizenship. it reads as under:'at the commencement of this constitution, every person who has his domicile in the territory of india and- (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of india; or (c) who has been ordinarily resident in the territory ..... ) again, article 5 of the indian constitution came into force on 26-1-1950 and hence at the time of the execution of the decree, there was no common citizenship between the defendant who was a resident of the mysore state and the plaintiffs who are residents of calcutta. (42) article 1 of the constitution provides that india shall be a union of states .....

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Jun 26 1964 (HC)

Parwatawwa Vs. Channawwa

Court : Karnataka

Reported in : AIR1966Kant100; AIR1966Mys100; (1965)1MysLJ577

..... territory of india and-- (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of ..... the then existing multitude of domiciles and so it became impossible for a citizen of india to have any other domicile than the indian domicile. it was said that art. 5 of the constitution which recognizes only the domicile in the territories of india which creates citizenship excludes the concept of a domicile in the various states comprising the union territory. article ..... 5 of the constitution reads:citizenship at the commencement of the constitution--'5. at the commencement of the constitution, every person who has his domicile in the ..... clear that after the emergence of the union under the constitution every person who has a domicile in the territory of india and who falls within one or more of the three clauses to that article acquires the citizenship of india.(13) it is clear that this article mainly concerns itself with citizenship for the acquisition of which a domicile in the .....

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Nov 21 2012 (HC)

The Union of India Represented by the Secretary and Others Vs. Major V ...

Court : Karnataka

..... procreation is the very essence of the being of a human, and partakes the character of a human right which transcends all laws and every legislation. article 21 of the constitution of india succinctly states that no person shall be deprived of his life or personal liberty except according to procedure established by law. each and every fundamental right guaranteed by our ..... learned single judge had therefore directed that the application of the petitioner no1 be processed on the assumption that because of the unwillingness of his prospective wife to adopt indian citizenship, his case should be taken as one of resignation or release from services of the army. under these circumstances, it is just and necessary for us to immediately distinguish the ..... for release from the service may be processed automatically as per the application for release from service submitted vide para5(a) above, if his/her spouse refused to acquire indian citizenship or willfully delays acquisition of indian citizanship. *** 17. in case an army personnel contracts marriage with foreign national without ags permission or proposes to resign, in order to be ..... letter of petitioner no.1 dated 29.06.2011, appendix c had not been submitted for the reason that petitioner no.2 was not willing to renounce her sri lankan citizenship. the request of petitioner no.1 received the recommendation of his commanding officer. we will have to assume that at present it is not permissible in the armed forces for .....

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