Court : Kolkata
Decided on : Aug-26-1960
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
Decided on : Nov-22-1960
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
Decided on : May-05-1960
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
Decided on : Aug-19-1960
Reported in : AIR1961Cal408
..... three and set out in paragraph 17 of the petition. his main and only ground really is that he is a citizen of india under article 5 of the constitution. that is the very basis arid foundation of his application. it is only a citizen whose fundamental right to reside and settle ..... in any part of the territory of india is guaranteed by article 19(1)(c) of the constitution. two other grounds are that the order is mala fide and arbitrary. these two latter questions will not arise if ..... before he gets himself enlisted as voter in 1959. while that was pending the petitioner tried to make an application for naturalisation under section 6 of the citizenship act on the 12th november, 1958. the entry, therefore, as a voter does not establish his domicile. in any event, that was taking place ..... from the facts as stated above that on the 26th january, 1950 the petitioner was describing himself as an afgan national. just immediately before the constitution he was registered as a foreignerunder residential permit and a visa granted by the government of west bengal and was under the protection of the ..... 25th january, 1951 upto 24th january, 1952. these dates between 1948 and 1952 show that immediately before, at and immediately after the commencement of the constitution the petitioner regarded himself as an afgan national. these dates are crucial, as i shall presently show.5. the grounds on which the petitioner seeks .....Tag this Judgment!