Court : Kolkata
Decided on : Jun-08-1977
Reported in : AIR1978Cal252,81CWN1090
..... stated hereinbefore, also took place here, as a result whereof he has contended that he is an indian citizen under article 5 of the constitution of india.5. it has also been stated by the petitioner that towards the beginning of 1963 he received an information that his father was alive at ..... of the petitioner was a pakistan national when the constitution of india was promulgated and being a minor and as per law, he acquired the domicile of his father. ft has also been contended with reference to the petitioner's application for citizenship that he acquired pakistan nationality and secured his passport ..... be evidence of rebuttal against the presumption that he had gone to pakistan with the desire or intention to abandon his citizenship of india. (iii) he could not be deemed to be a foreigner even under the foreigners laws (amendment) act 1957 because the question of renunciation ..... to reside in india. he filed a petition under article 226 of the constitution praying for a writ of prohibition restraining the state from expelling him on the expiry of visa. it was contended by the state that the petitioner had voluntarily migrated to pakistan and had renounced his citizenship. there was ..... citizenship act declaring him a foreigner, and on such facts it has been held:(i) that the petitioner being a minor at the time of migration to pakistan could not be said to have voluntarily migrated to pakistan so as to make article 7 of the constitution applicable to his case. (ii) as petitioner's entry into india .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-23-1977
Reported in : AIR1977Cal226,81CWN639
..... the defendant exercised the option and the term of the lease was extended by one year. the contention is that this exercise of option for renewal constitutes a fresh lease for one year and, therefore, it is not covered by section 3(1)(b) of the premises tenancy act. in support ..... birth. by merely going to pakistan and staying there for some time the plaintiff could not have lost her indian citizenship unless she renounced the indian citizenship and voluntarily opted for citizenship of another country. in this state of evidence it must be held that the trial court has rightly found the ..... therewith the original letter dated the 4th july 1969 addressed to the defendant by the deputy controller of enemy firms. after reciting the government of india, ministry of commerce notification the defendant is informed that the writer of the letter has received information that the disputed cinema hall which is known ..... such a presumption is not permissible in law, the passport, exhibit 2, itself bears an endorsement showing that the plaintiff did, in fact, return to india on the 9th july 1968. this contention advanced by mr. mitter on the basis of the photostatic copies of the passport which were marked ext. 2 ..... series, the plaintiff has been described as a 'resident and ordinarily resident'. this would show that the plaintiff was a resident and ordinarily resident in india and she was an assessee under the indian i.-t. act. in this connexion a great deal of criticism was made over the petitions filed .....Tag this Judgment!