Court : Kolkata
Decided on : Feb-26-1973
Reported in : AIR1973Cal425,77CWN535
..... bhunia has, however, contended that unless one is necessarily a citizen of india how the act could be at all made applicable to him even though he is a hindu. we do not think that citizenship becomes the necessary or imperative qualification for application of the act when the ..... it was alleged on behalf of the appellant that from all the facts proved the appellant was successful in establishing his domicile of choice in india. on the other hand, mr. bhunia relying on the principles indicated in the above supreme court decisions, contended that the basis of such ..... bhusan bhunia, learned advocate for the respondents, on the question of domicile at length. several decisions were cited at the bar, namely, air 1965 sc 36, central bank of india ltd. v. ram narain, : 1scr576 , shanno devi v. mangal sain; : 3scr793 , kedar pandey v. narain bikram sah; : 1966crilj1217 , kulathil mammu ..... intra-territorial operation of the act it applies to all hindus, buddhists, jains or sikhs irrespective of the question whether they are domiciled in india or not. the provisions of clause (c) of the same section contemplates extra-territorial operation in the sense that the persons domiciled in ..... legislature itself has omitted to make such a qualification a condition precedent to hindus residing in india. nevertheless, when we say this we are not unmindful .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-13-1973
Reported in : AIR1973Cal519
..... of eligibility for admission to the premedical course in the colleges covered by the rules. besides the conditions in rule 6 (1) regarding residence and citizenship and those in rule 6 (3) regarding the minimum age qualifications, rule 6 (4) laid down the minimum educational qualifications for candidates who seek ..... course. but a government nominee irrespective of marks obtained in the three science subjects must have passed in the second division. the government of india is not a party to the present petition. further prima facie the respondents in laying down separate sets of rules for admission from different categories ..... the government nominees and the donors' nominees cannot also prevail. under rule 4 (1) seats have been reserved for students nominated by the government of india. in case of government nominees in terms of rule 6 (4) (a) they must pass in the second division whereas in case of donors' ..... : (a) for admission against the seats reserved in terms of sub-rule (1) of rule 4 supra for the nominees of the government of india, the candidates must have passed such qualifying board or university examinations at least in the second division. (b) for admission against the seats reserved in ..... the new admissions and readmissions was fixed at 200 only. rule 4 (1) provided for reservation of a certain number of seats for government of india nominees. under rule 4 (2) seats were also reserved every session for nominees of donors in terms of the agreements entered into with the donors. .....Tag this Judgment!