Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: kolkata Page 1 of about 57 results (0.016 seconds)

Nov 12 2008 (HC)

Md. Elahi Vs. State of West Bengal

Court : Kolkata

Reported in : 2009CriLJ1335

..... and a criminal case under section 14 of the foreigners act was started against her. it is contended on the basis of articles 7 and 9 of the constitution of india that her citizenship cannot automatically come to an end in the facts and circumstances of the case.after giving my careful consideration to the submissions of both the side and having regard ..... of the citizenship act the question of the acquisition of pakistan nationality by the respondent. this court in govt. of ..... , and he is not being tried for having entered india in violation of any law. indeed his visa was admittedly extended by the appropriate authority up to may 22, 1965. as he was clearly a citizen of india at the commencement of the constitution and the question arose whether he had lost indian citizenship thereafter, the central government had to determine under section 9 .....

Tag this Judgment!

Apr 22 1996 (HC)

Mrs. Raushan Ara Alias Suraiya Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1997)1CALLT89(HC)

..... section 14 of the foreigners act was started against her. it is contended on the basis of articles 7 and 9 of the constitution of india that her citizenship cannot automatically come to an end in the facts and circumstances of the case. 10. the learned advocate appearing for the state while ..... by her in-laws cannot take away her citizenship in india. it is also argued that the question of petitioner continuing to remain an indian citizen or acquiring citizenship of another country in this case pakistani can be determined by the central government alone in ..... left the same for karachi on her marriage on 9.10.93. it has been argued that the petitioner being an indian citizen, the citizenship was not lost merely by her migrating to pakistan after her marriage. it is contended that mere acquisition of a pakistani passport under compulsion ..... in accordance with section 9(2) of the citizenship act read with rule 30 of citizenship rules, it cannot be state that she has lost her citizenship in india or she has acquired citizenship of pakistan. it has also been contended that she came to india on the basis of a valid passport and visa ..... accordance with section 9(2) of the citizenship act read with rule 30 of the citizenship rules. .....

Tag this Judgment!

Mar 10 1999 (HC)

West Bengal Housing Board and ors. Vs. Papiya Bain

Court : Kolkata

Reported in : (1999)2CALLT71(HC)

..... origin provided;(a) he/she held an indian passport at any time.(b) he/she or his/her father or grandfather was an indian citizen by virtue of constitution of india or indian citizenship act.1.2 anyone who had obtained allotment of flat/house/plot from the board on any occasion earlier will not have the eligibility to apply for the scheme ..... of one nor can impose any more stringent condition in favour of the other. in new india public school & ors. v. huda & ors. reported in 1996 (5) supreme today 756 it has been held that when the public authority discharges its public duties the word 'otherwise' would ..... in law.20. it is now a well settled principles of law in view of the decision of the apex court in ramana dayaram shetty v. i. a. authority of india reported in : (1979)iillj217sc that the state is bound to disclose the terms and conditions at the lime of issuing advertisement. it can neither later relax any condition in favour ..... thus:--1. an adult indian citizen or a foreign citizen of indian origin other than the territory now in pakistan, bangladesh, afganistan, bhutan, nepal and sri lanka, whether resident in india or outside, who does not own any house/flat/house building plot in the calcutta metropolitan area (calcutta metropolitan area means and includes calcutta corporation area and added areas namely .....

Tag this Judgment!

Nov 27 1962 (HC)

Sultan Khan Vs. Sailesh Chandra Nundy

Court : Kolkata

Reported in : AIR1963Cal527

..... , 1955, bars the election tribunal from deciding that the petitioner was rot a citizen of india. section 9(1) of the citizenship act, 1955, states that a person who was a citizen of india at the commencement of the constitution may subsequently acquire the citizenship of some other country. section 9(2) of the said act describes the authority having exclusive jurisdiction ..... he never became a citizen of india. 2. the contention of the petitioner that ..... living in india. as the petitioner migrated from india to pakistan after the first day of march, 1947 and before the constitution of india came into force, he must be deemed not to be a citizen of india having regard to article 7 of the constitution. the election tribunal rightly held that the petitioner never acquired the citizenship of india under the constitution and that ..... to determine it e citizen of india has acquired the citizenship of some other country. if the petitioner was ever a citizen of india the election tribunal was not .....

Tag this Judgment!

Mar 28 1968 (HC)

Birendranath Chatterjee Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1969Cal386

..... is of no assistance to the petitioner. in this case, there was a finding of the election tribunal that the petitioner never acquired the citizenship of india under the constitution and that he never became a citizen of india. in that context it was held by this court that in the eve of law the name of the non-citizen will be considered to ..... civil authority under the foreigners act. in the background of such order it was held on an interpretation of section 7(1) of the act with article 326 of the constitution of india that so long as that order stood, such person could not be elected or continued to act as prodhan; even this view on appeal, i find, has not been ..... in a supplementary affidavit-in-opposition to the additional affidavit of the petitioner asserted that he is an indian citizen owing allegiance to india and remains an indian citizen by virtue of article 5 of the constitution and his citizenship did not suffer any eclipse because of partition of india. it is also stated that due to communal disturbances in pakistan he came to ..... india.10. from the statement made by the petitioner and denial and counter-statement made by the respondent no. 4, it is quite clear that .....

Tag this Judgment!

Apr 24 1964 (HC)

Ali Ahmad Vs. Electoral Registration Officer and ors.

Court : Kolkata

Reported in : AIR1965Cal1,1965CriLJ22,68CWN1140

..... decision. 7. mr. ali appearing for the appellant contended that since the appellant was born in bir-bhum which is a part of india he was originally an indian citizen at the commencement of the constitution. therefore, whether his citizenship terminated by reason of his taking a pakistani passport is a matter which only the central government can decide. this veiw ignores article ..... applies only in the case of a person who was originally a citizen of india. the constitution of india does not favour plural or dual citizenship. with regard to the period prior to the commencement of the constitution, article 9 of the constitution provides that a person who had voluntarily acquired the citizenship of a foreign country cannot have the status of an indian citizen. with regard ..... under section 5(1)(a) can be made only by a person who is not a citizen of india by virtue of the constitution of india or by virtue of any other provision of the citizenship act and who wishes to register himself as a citizen of india. the question whether the appellant had migrated to pakistan or not is also a question of fact ..... to the period subsequent to the commencement of the constitution, section 9(1) of the citizenship act provides that if an indian citizen acquires foreign citizenship either as a result of naturalization or of registration or of any other method of voluntary acquisition of such citizenship, he ceases to be a citizen of india. it is only in cases where a dispute arises as .....

Tag this Judgment!

Sep 21 1962 (HC)

Abdul Barik Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1964Cal324

..... declaration that he was a pakistan national in 1953-the petitioner, therefore, cannot be a citizen of india under article 6 of the constitution on the facts of this case.10. mr. ali thereafter fell back on rule 9 of the citizenship rules under the citizenship act. his contention is that the collector under that rule shall before registering a person under section 5 ..... 5 of the citizenship act.8. coming now to the petitioner's assertion that he is a citizen of india by virtue of articles 5 and 6 of the constitution mr. ali appearing in support of the petitioner contends that the petitioner comes under article 5(c) of the ..... be made by a person who is already such a citizen by virtue of the constitution or by virtue of any of the other provisions of the citizenship act. the petitioner's present case is that he had already been a citizen of india by virtue of the constitution and the present case therefore is flatly contradicted by his making the application under section ..... . the other case to which mr. ah made reference is izhar ahmad khan v. union of india, reported in : air1962sc1052 . a majority decision in that case holds in favour of the constitutional validity of the rule of evidence as prescribed by section 9(2) of the citizenship act and laysdown that a passport obtained by a person from a foreign country is relevant .....

Tag this Judgment!

May 01 1963 (HC)

Sk. Md. Soleman Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : AIR1965Cal312,1965CriLJ679

..... schedule, but proceeds to state that any such order shall have effect notwithstanding anything inconsistent therewith contained in any law other than the constitution of india or that act. now the first schedule of the citizenship act includes in the list of commonwealth countries pakistan. no notification has been issued by the central government under section 12 of the ..... , 1955 which says--'an act to provide for the acquisition and termination of indian citizenship.'that being the object in the preamble, pakistan citizen as a commonwealth citizen cannot claim to come within article 19 of the constitution or india through the doors of citizenship act, 1955.25. mr. roy's reference to the foreigners act also really does not ..... all citizens ......' and not with the qualification 'citizens of india'. for that purpose he made elaborate submission with copious references to different articles of the constitution endeavouring to say that the words 'citizens of india' are used in the constitution whenever necessary, such as in part ii of the constitution dealing with the citizenship e.g. in article 9, articles 58 and 66 ..... the police act, in the background of the bombay police act, 1951, the citizenship act, 1955, the foreigners act, 1946, the extradition act, 1870, the preventive detention act, 1950, the passport act, 1920 and the rules framed thereunder, and the relevant articles of constitution of india and to appreciate the decisions, certain principles and/or observations made by the .....

Tag this Judgment!

Dec 23 1953 (HC)

Jayaswal Shipping Company Vs. the Owners and Parties Interested in Ste ...

Court : Kolkata

Reported in : AIR1954Cal415,58CWN468

..... that one citizenship would normally, though perhaps not invariably, favour one domicile provided the basic ..... system of law' prevails in the country of which he is a citizen. one citizenship with different state domiciles may creat many incongruous situations where a citizen of india is by constitution given the right to reside and settle in any part of the territory of india with such rights as to acquire, hold and dispose of property & to move freely ..... this stage another argument advanced by mr. das that the constitution of india does nowhere lay down any definition, or requirement of one indian domicil. it is argued first that reference to domicile that is made in article 5 of the constitution of india is only in the context of citizenship and, secondly, that such reference is consistent with domicil being ..... person who has his domicile in the territory of india' which territory includes the territories of the different states. from that it does not follow necessarily that the constitution expressly recognises different state domiciles in india, this much is clear that the indian constitution proceeds on the basis of one indian citizenship.it is not inappropriate in that context to consider .....

Tag this Judgment!

Nov 29 1972 (HC)

Mahammad Nazaharul Haque and anr. Vs. B. Bagchi, I.P.J.P. and ors.

Court : Kolkata

Reported in : AIR1974Cal29,77CWN695

..... case of the state of bihar v. kumar amar singh, : [1955]1scr1259 , his lordship came to the conclusion that from the point of view of the constitution, the petitioners cannot claim the benefit of citizenship of india.16. after having so held, the learned judge went into the question as to whether the appellants were amenable to the jurisdiction under the foreigners' act ..... not merely depend upon action of a foreign country in issuing the passport.(vii) cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have also to be dealt with by the government of india under the citizenship act. the decision in abdul sattar v. state of gujarat, air 1965 sc 819 (ibid) is corrected by the supreme court in its ..... to light show that the petitioner has migrated to pakistan after march 1, 1947 within the meaning of article 7 of the constitution, as such he cannot be deemed to be a citizen of india, no matter he has acquired the citizenship of pakistan or not.' (page 75 of the paper-book).19. there is a discussion in the judgment on the points ..... another country, but the only authority to so decide is the governmentof india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) oi the citizenship act and rule 3 of the citizenship rules are intra vires the constitution and valid law.(iv) the proposition that as soon as it is alleged that .....

Tag this Judgment!


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