Court : Kolkata
Reported in : AIR1991Cal289,(1991)2CALLT246(HC),95CWN907
..... et forma and, when so accepted, there cannot be any scope for escaping from the inescapable, and resisting the irresistible, conclusion that the petitioner was a citizen of india at the commencement of the constitution. in fact, in support of the impugned order, what has been mainly, if not solely, urged for and on behalf of the respondents is that the petitioner ..... though the person was an indian citizen, the central government has determined under the aforesaid provision that he has ceased to be so having voluntarily acquired a foreign citizenship, and the order to quit india is pursuant to and follows such determination. it is not possible to countenance the view that any officer or authority, other than the central government, can determine ..... is disposed of.6. i would accordingly direct that the petitioner, if he so chooses, may make an application u/s. 5(1)(c) of the citizenship act, 1955 for registration as a citizen of india to the prescribed authority within two months from this date and on his making any such application within the period as aforesaid, the authorities concerned shall ..... , though originally a citizen of india, has voluntarily acquired citizenship of pakistan by obtaining pakistani passport(s), and that it has now been so determined by the central government under section .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal482
..... holding that he ever voluntarily acquired pakistan citizenship. from this it follows that he has not forfeited his indian citizenship under section 9 of the citizenship act and he is still entitled to the rights of residence and free movement in india guaranteed by article 19 of the constitution.' 4. it will appear, therefore ..... order be not given effect to.2. in my opinion, this application ought to, be rejected. the matter comes under article 7 of the constitution. the petitioner migrated to eastern pakistan after the 1st day of march, 1947. assuming that he intended to retain his indian nationality he should ..... , that this case was decided on its peculiar facts. it is unnecessary for me to decide the question as to whether the provision of clause 3 of schedule iii of the citizenship rules, 1956, ..... fact that he applied for and obtained a pakistan passport, mere applying for such a passport ..... is no proof of the acquisition of pakistan citizenship. presumably the petitioner must have declared himself to be a pakistani in his application tor the passport, but this at best was nothing more ..... back to india to take care of his widowed mother and family, and be obtained a pakistani passport making the usual declaration. broome, j., held that the passport raised only a rebuttable presumption of nationality and that the provision of clause 3 of schedule iii of the citizenship rules, 1956 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1953Cal530,57CWN778
..... effect:'mr. j. ataullah is free to come to india and settle down here if he so desires. his citizenship of the dominion of india will, however, be determined according to the provisions of the draft constitution of india, recently published which are yet to be adopted by the constituent assembly of india with or without any modifications. as regards employment under the ..... government of india, there is none which could fee offered to ..... 17. under the provisions of the indian independence act, 1947, all rights, authority and jurisdiction exercisable fay the king of england over the territories constituting british india under section 2, read with section 311(1), government of india act, 1935 (25 and 28 geo. v. c. 42) came to an end. this will become abundantly clear if we refer to ..... examination of the provisions contained in the indian independence act it ban already been pointed out that british india bad ceased to exist after two new independent states having sovereign authority over particular portions of the original territory which constituted british india had been brought into existence.in this case therefore there was no possibility of a british indian subject .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal299,66CWN126
..... nature of certiorari quashing theorder dated the 18th of september, 1958 rejectingthe application of the petitioner for registrationunder section 5(1)(a) of the indian citizenship act.the collector will now proceed to satisfy himselfupon proper enquiry as required by the rules and,act in accordance with law. mr. mazumdar onbehalf ..... 5(1)(a) of the indian citizenship act, to be registered as a citizen of india. section 5(1)(a) enables a person of indian origin, who is ordinarily resident in india and was so resident for 6 months prior to the making of the application, ..... the application itself is concerned, the intention is apparent that the petitioner wishes to be an indian citizen, but as to whether he intends to make india his permanent home, cannot be decided without an enquiry. in his application, the applicant has said on oath that he intends to do so. the ..... to dacca in east pakistan. there, he took out a pakistani passport declaring himself to be a pakistan citizen. he has then come back to india with a temporary visa and upon the expiry thereof he was asked to leave; but he prayed for time and finally made an application under section ..... for example, he has to satisfy himself that the person is of indian origin. secondly, that he has close connections in india. thirdly, that he has an intention to make india as his permanent home. fourthly, that he is of good character and otherwise a fit and proper person to be registered as .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1960Cal740
..... india, and who has been ordinarily resident in the territory of india for not less than five years immediately preceding such commencement, shall be ..... be a foreigner, that is to say, not a citizen of india, it is conceded that if he is a citizen of india neither the act nor the order applies to him. the question of citizenship is dealt with in part ii of the constitution. article 5 states that at the commencement of the constitution, every person who had his domicile in the territory of ..... the partition took place, the petitioner at first provisionally opted for pakistan but thereafter changed his mind and opted for india, where in fact he has continued to remain. according to him, at the commencement of the constitution, 'he was domiciled in india and was ordinarily resident therein for not less than five years immediately preceding such commencement. in fact, according to him ..... a citizen of india. doubtlessly, this is basically a question of fact, and .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1959Cal237,1959CriLJ439,63CWN986
..... a citizen of india. in order to meet this point, mr. meyer has cited a bench decision of the bombay high court, yusuf abdul aziz v. state of ..... 19 is concerned, the fundamental rights conferred by article 19 of the constitution are only available to citizens of india. the petitioner company is a company incorporated outside india and is certainly not a citizen. consequently this defence is not open to the petitioner.11. article 5 of the constitution defines citizenship and it is not disputed that the petitioner cannot be deemed to be ..... as follows:'no vessel constructed, adapted, altered or fitted for the purpose of concealing goods, shall enter, or be within, the limits of any port in india, or the indian customs waters.'5. this section, which constitutes chapter via of the act, was introduced by section 3 of the sea customs (amendment) act, 1957 (act 10 of 1957). the chapter is entitled ..... bombay, : air1951bom470 . in that case, the petitioner who was not a citizen of india was charged under section 497 of the indian penal code. his contention was that section 497 offended against the provisions of articles 14 and 15 of the constitution and, therefore, section 497 was bad and he could not be prosecuted under that section. chagla c .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1951Cal3,55CWN53
..... their arrival in india an affidavit has been filed on behalf of the ..... that the petitioner was not a citizen of india and therefore was not entitled to the protection given by article 19 of the constitution. in the petition it is stated that the petitioner was a refugee, but refugees may well be citizens of india, though on the other hand they may not have acquired rights of citizenship. the determining factor is the date of ..... . an externment order is an interference with the right of a person to move freely throughout the territorry of india or to live and settle anywhere within, the territory of india, restrictions upon those rights are permissible under article 19(5) of the constitution. the meaning of that clause has recently been considered by the supreme court in the case of dr. n ..... it is not stated in the affidavit that the petitioner is not a citizen of india and therefore not entitled to the fundamental rights of a citizen of india, we cannot hold that the petitioner is not entitled to the rights given in article. 19 of the constitution.32. in conclusion i must refer to one argument of mr. chandra sekhar sen. he .....Tag this Judgment!
Court : Kolkata
Reported in : 2004(1)CHN571
..... . the proof of establishment of the institution is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. the apex court, however, did reiterate that the minority competent to claim the protection of article 30(1) and on that account the privilege of ..... of language, script and culture is an ingredient necessary for claiming minority status. article 30(1) is a necessary concomitant of the right guaranteed under article 29 of the constitution of india. articles 29 and 30 are independent of each other. but the interplay between articles 29 and 30 is the basic element for the proof of establishment of a school as ..... support of his above contentions referring to rule 8(3) of the management of recognized non-government institution (aided and unaided) rules, 1969 and articles 29 and 30 of the constitution of india. we would refer to the respective contentions and the decisions cited by him at appropriate stage.contention on behalf of the appellant-state: mat no. 1538 of 1998 :4 ..... arises for our determination is as to whether the respondent siliguri hindi high school is a minority institution within the meaning of and protection guaranteed under article 30 of the constitution of india.facts :2. the siliguri hindi high school was established as an anglo hindi english medium school in 1935 by the hindi speaking marwari business community of siliguri after this .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal258,65CWN1142
..... a) and (b) of article 5 do not apply to corporations. articles 6 and 8 of the constitution which deal with the rights of citizenship of persons who have migrated to india from pakistan and the rights of citizenship of persons of indian origin residing outside india, have likewise no application to the corporations. article 19(1) (a) to (c) cannot possibly ..... business guaranteed -to them under the constitution. part ii of the constitution is entitled 'citizenship'. but the word 'citizen' has not been defined in the constitution. article 5 lays down that at the commencement of the constitution every 'person' who has his domicile in the territory of india and who was horn in the territory of india; or either of whose parents was ..... would be a citizen, and would continue to be a citizen. but there is no means provided, whereby a company may acquire citizenship after that date. this is an anomaly which can only be ..... for the acquisition and termination of citizenship and all other laws relating to citizenship. parliament has promulgated a law namely the 'citizenship act'. in that act, however, companies and corporations have been excluded. the position therefore, is somewhat anomalous. a company which has been ordinarily resident in india for 5 years preceding the commencement of the constitution, namely, 26th january, 1950 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1965Cal160
..... opted for pakistan in 1947, and remained there for six years. he came back to india under a pakistani passport he also applied for grant of indian citizenship under section 5(1)(a) of the citizenship act, 1955. that application was dismissed in due course. all these facts show prima facie ..... collectormay submit, and its decision in this behalf is final. section 18 empowers the central government to make rules. rule 9 of the citizenship rules 1956 opens with the note 'collector to make inquiries before registration.' the rule provides that the collector shall before registering a person under ..... officer, katwa, summarily rejected the appellant's application for registration of his name as an indian citizen under section 5(1)(a) of the citizenship act 1955. mr. ali contends that the officer acted illegally and in excess of his jurisdiction in dismissing the application summarily without making an enquiry ..... . 2. now section 5(1)(a) of the citizenship act 1955 read with rule 7 of the citizenship rules 1956 empowers the collector to register as a citizen of india, on application made in this behalf, any person who is ordinarily resident in india and who has been so resident for six months immediately ..... that the appellant is not citizen of india and, is therefore, a foreigner within the meaning of .....Tag this Judgment!