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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: kerala Page 1 of about 57 results (0.020 seconds)

Aug 05 2011 (HC)

K. Madhusoodanan Nair, Kollam Vs. State of Kerala, Represented by the ...

Court : Kerala

..... the respondents including the additional respondent, on the other hand, contended that the qualification for appointment as advocate general are contained only in article 217(2) of the constitution, which is citizenship in india and ten years of practice as an advocate of the high court, which, admittedly the third respondent has. so much so, according to them, the writ petition is ..... the third respondent was appointed as an additional judge of this court on 11.4.1996. however, in exercise of the powers conferred under article 222 of the constitution of india, the president of india transferred the third respondent as an additional judge of the gujarat high court and directed him to assume charge in that high court on or before 22.7 ..... practice in a high court. however, the contention of the respondents that the qualifications required for appointment as advocate general are only those contained in article 217(1) of the constitution is not correct because the said provision prescribes only the minimum qualification for appointment. article 217(1) says that a person to be appointed as advocate general has to be ..... to which he was transferred and consequently ceased to be judge, the contention of the respondents is that third respondent has the qualifications prescribed under article 217(2) of the constitution for being appointment of advocate general, as well. the decisions cited by both sides include the recent decision of the apex court in state of uttaranchal v. balwant singh chaufal .....

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Jul 10 2008 (HC)

Zeeshan Vs. District Educational Officer and ors.

Court : Kerala

Reported in : AIR2008Ker226; ILR2008NULL984

..... country. he submits that the right to get education is a fundamental right and that right is available to any child, irrespective of citizenship. article 21a of the constitution of india is also relied on by the counsel for the petitioner, in support of the contentions.6. learned counsel for the petitioner relied ..... , to apply for admission in the school. if such an interpretation is accepted, the very purpose of the citizenship act and the stringent provisions therein and also the provisions in the constitution of india, particularly articles 5, 6, 8 and 9, would be defeated.9. it is submitted by the counsel for ..... other staff of the schools, qualification of teachers, etc. etc. all these are intended to provide education to the citizens of india. article 21a of the constitution of india provides that the state shall provide free and compulsory education to all children of the age of six to fourteen years in such ..... does not apply to a case where a citizen of pakistan who has made an application under section 5(1)(f) of the citizenship act, 1955 before the government of india, and who is awaiting orders thereon. the dictum laid down in abubacker's case (supra) is on a entirely different point ..... minor is the domicile of the minor and, therefore, the child can be admitted in the school. a person having citizenship of another country cannot claim that he has domicile in india so as to claim admission in a school. the above submission, to my mind, is without any merit. misplaced sympathy .....

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Jul 18 1957 (HC)

Variathu Augusthi Vs. Subramonia Iyer Sesha Iyer

Court : Kerala

Reported in : AIR1958Ker15

..... the ordinary canons of interpretation the definition of 'foreign court' in our civil procedure code at the time must be held subservient to the provisions in the constitution of india, namely, article 5 conferring on the state subjects the citizenship of india and clause (3) of article 261 by which final judgments or orders delivered or passed by civil courts in any part of the territory ..... expeditious method of execution by application, will be available and that there will be no necessity for an action on the judgment of another state.14. part ii of the constitution deals with citizenship and article 5 is the first of the seven articles in that part. it is difficult to say that the evolution of a common ..... the part b stales (laws) act, 1951.17. the learned counsel for the respondent drew our attention to article 367(3):'for the purposes of this constitution 'foreign state' means any state other than india: provided that, subject to the provisions of any law made by parliament, the president may by order declare any state not to be a foreign state for ..... terms:'the courts in gwalior or madhya bharat continued to be foreign courts notwithstanding the accession of madhya bharat to india and notwithstanding the unification of india brought about by the constitution. in spite of the unification of india and accession of madhya bharat to india the court in gwalior continued to be a foreign court and the judgment-debtor's right of immunity from .....

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Sep 28 1983 (HC)

K. Mohammad Ahmed Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1984Ker146

..... government. for this, it is necessary to briefly survey the relevant provisions of the constitution and also the citizenship act.5. under article 5 of the constitution any person who, at the commencement of the constitution, had 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 ..... be renounced under section 8 and can be deprived under section 10. sections 5, 6 and 7 apply to persons who are not citizens of india. section 6 provides for citizenship by nationalisation and section 7 relates to citizenship by incorporation of territory to the indian union.8. section 5, relevant here, states that subject to its provisions and such conditions and restrictions ..... blank papers, got his travel docu-ments and reached his homeland. he state that he did not have any intention to change his domicile or acquire the citizenship of pakistan. he desires to remain in india he was sought to be deported to pakistan. he took advice from his friends; and he filed applications before the central government. he filed an application ..... india; or (c) who have been ordinarily resident in the territory of india for not less than .....

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Feb 22 2010 (HC)

Mini Vs. Jwala Sajikumar

Court : Kerala

Reported in : 2010(1)KLT1000

..... filed for a declaration that he is a member of a community which come under the scheduled tribes. adverting to the declaration of the president of india under articles 341 and 342 of the constitution, with respect to the lists of the scheduled castes and scheduled tribes in a state, it was held by the apex court that such notification is ..... or admission or at any stage thereafter (section 7), constitution of scrutiny committee for verification of the community certificates (section 8), and enquiry by the expert agency (section 9) to examine and give a final conclusive opinion over the ..... over the question presented has to be adverted to. the scheme of the k (sc & st) ricc act provide for issue of certificate by the competent authority (section 5), constitution of screening committee for verification of community certificate (section 6), further verification by the competent authority or the head of the educational institution at the time of initial appointment, selection ..... not entertainable nor can be adjudicated upon in the petition, by the apex court, since the central government alone has exclusive jurisdiction under the citizenship act, 1955 to decide questions regarding loss of indian citizenship and acquisition of citizenship of a foreign country. so far as the k (sc & st) ricc act is concerned, it regulates the issue of the community .....

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Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Nov 18 2015 (HC)

Deepti Rajan Vs. R. Rajasekhar

Court : Kerala

..... hindu marriage act. 13. the above said rulings have reiterated the position that the voidness of the marriage will become established or any offence under section 494 will be constituted only if a spouse is living with respect to either of the parties at the time of solemnization of marriage. from the discussions and explanations as mentioned above, the ..... to enter into a legal marriage. all the allegations raised to the contrary are denied. it is also denied that the respondent has got citizenship or domicile in singapore. hence the contention that the courts in india has no territorial jurisdiction is also refuted. according to the respondent, a formal and name sake registration of the marriage, which took place at ..... family court, on the grounds of citizenship and domicile, learned senior counsel conceded that such contentions are not pursued, presumably based on the objections filed contending that the respondent is a citizen of india. more over, a question regarding jurisdiction need to be decided based on pleadings in the original petition, which will prima facie constitute the requisite ingredients for dissolution of ..... that section 5 (i) of the act is intended and mandates only a stipulation to avoid bigamy. the provisions speaks for monogamy and is intended to prohibit polyandry in india. hence the family court has jurisdiction to entertain the original petition and it is maintainable before that court, is the contention. 4. the family court disposed the interim application .....

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