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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: kolkata Year: 1964 Page 1 of about 3 results (0.015 seconds)

Apr 24 1964 (HC)

Ali Ahmad Vs. Electoral Registration Officer and ors.

Court : Kolkata

Decided on : Apr-24-1964

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 .....

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Sep 01 1964 (HC)

Golam Rasul Vs. Supdt. of Police and ors.

Court : Kolkata

Decided on : Sep-01-1964

Reported in : AIR1965Cal302,1965CriLJ676,69CWN126

..... the division bench with the foregoing observation, per bachawat, j.14. in my opinion, article 7 of the constitution applies in this case, and the petitioner cannot, therefore, be deemed to be a citizen of india under article 5. section 9(2) of the citizenship act is not also applicable, for the same reason.15. this application must, accordingly, fail. in view of ..... government under section 9(2) of the citizenship act, and that the rejection of his application under section 5(1) by the state government ..... as clause (b) of article 5.6. but, even where article 5 is prima facie attracted, a person cannot be held to have been a citizen of india at the commencement of the constitution in a case where article 7 is applicable. in short, article 5 is subject to and controlled by article 7, and so it has been held by the ..... and this has bean followed by the impugned order to quit india, which was served on the petitioner on 26-8-1962.4. the primary ground upon which the petitioner challenges the impugned order is that he is a citizen of india under article 5 of the constitution and that, accordingly, that citizenship can be terminated only by a determination made by the central .....

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Apr 24 1964 (HC)

Abdul Halim Mia Vs. the Sub-divisional Officer and ors.

Court : Kolkata

Decided on : Apr-24-1964

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 .....

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