Court : Kolkata
Decided on : Sep-11-1958
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
Decided on : Jun-11-1958
Reported in : AIR1958Cal565,62CWN729
..... supreme court in, state of bihar v. kumaramar singh, (s) : 1scr1259 (a), that article 7of the constitution clearly overrides article 5 and that even the wife of an indian citizen, who migrated to pakistan after 1-3-47, will lose her indian citizenship. that being so, the question is whether the steps taken against the petitioner under the foreigners' act 1946 ..... the nineteenth day of july, 1948.' 3. according to article 5, the petitioner is undoubtedly a citizen of india. he was born, and his parents were born, in indian territory and he was residing in india immediately prior to the commencement of the constitution, not only for 5 years but all his life. the question is whether it can be said that after ..... nature of mandamus directing the respondents to forbear from giving effect to order of the deputy commissioner of police, special branch, dated 24th may, 1957 ordering the petitioners to leave india within the time prescribed therein. there will be no order as to costs. but this will be entirely without prejudiceto the state government proceeding under the foreigners' act, in ..... or with respect to all foreigners or with respect to any particular foreigner or any prescribedclass or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into india or their departure therefrom or their presence or continued presence therein. (2) in particular and without prejudice to the generality of foregoing power, orders made under this section may .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-13-1958
Reported in : AIR1958Cal365
..... ., as he then was, of the punjab high court comes to the conclusion'all laws which were in force in the territory of india upon the commencement of the constitution continued to remain in force under article 372(1) and article 246 does not apply to any act which was already in existence. ..... the police act which was passed in 1861 at a time when there was no representative government in india, remained in force at the commencement of the constitution and its constitutionality cannot therefore be challenged on the ground that it being a central act is not a valid act ..... do not consider this conscription to interfere with the ether fundamental right of the citizen to move freely throughout the territory of india under article 19(1)(d) of the constitution on which ground also a complaint is made in the petition. that right of free movement is also qualified by sub-clause ..... with article 23. i need only add that article 372(1) says that all the law in force in the territory of india immediately before the commencement of the constitution shall continue in force until altered or repealed or amended by a competent legislature or other competent authority. no competent legislature or competent ..... of six months. it is needless to add that such service is unpaid and without any remuneration. it is one of the civic burdens of citizenship. it is this particular order against which the petition has been moved when almost all the time for duty had expired except three days. but .....Tag this Judgment!