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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: madhya pradesh Page 1 of about 22 results (0.067 seconds)

Apr 29 1966 (HC)

NasiruddIn and anr. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1966MP346

..... such question have due regard to the rules of evidence specified in schedule iii.' 'schedule iii, 1. where it appears to the central government that a citizen of india has voluntarily acquired the citizenship of any other country, it may require him to prove within such period as may be fixed by it in this behalf, that he has not voluntarily acquired ..... against the petitioners any action grounded upon those orders. 2. the material facts in so far as they are not disputed are these. when the constitution came into force, the petitioners were indian citizens living in india with their children. in the year 1954, the petitioner 2 and her children went to pakistan. in february of the following year, the petitioner 1 ..... of natural justice. one of the essential elements of natural justice is the right of being heard or audi alteram partem, some of the principles, which have been stated to constitute elements of natural justice, are merely extensions or refinements of this principle and, so far as this case is concerned, we may mention only two of them: (i) every person ..... . this petition under article 226 of the constitution is directed against two separate orders dated 29th august 1964 whereby the central government, acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules, 1956, determined that nasiruddin (petitioner 1) and his wife smt. hasinabi (petitioner 2) had voluntarily acquired the citizenship of pakistan after 26th january 1950 and .....

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Nov 13 1962 (HC)

Fazal Dad Alias Sardar Khan Fateh Ali Vs. the State of M.P.

Court : Madhya Pradesh

Reported in : AIR1964MP272; 1965MPLJ329

..... of india either by virtue of any of the provisions in the constitution or the citizenship act 1955. -- (see frioz meharuddin v. sub-divisional officer (mp), air 1961 madh pra 110.)it is true ..... amendment of section 2(a) of the foreigners act in 1957. be treated as 'foreigners'; but the effect of the provisions of article 7 of the constitution is that all persons who had migrated from the territory of india to the territory now included in pakistan after the 1st day of march, 1947 had to be deemed not to be citizens of ..... amendment of the definition of 'foreigner' in section 2 (a) of the foreigners act, 1946 by the foreigners laws (amendment) act, 1957. the citizenship act, 1955, however, makes a distinction between a commonwealth citizen and a citizen of india. under section 11 of that act every person who is a citizen of a commonwealth country specified in the first schedule shall, by ..... government under section 12 of the citizenship act by an order notified in the official gazette. no such notification has been issued by the central government conferring rights of citizens of india on citizens of pakistan. persons who migrated to pakistan after 1-3-1947 and who did not return to india till the commencement of the constitution cannot be considered to be citizens .....

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Oct 23 1959 (HC)

Deen Mohammad Karim Bux and anr. Vs. State and anr.

Court : Madhya Pradesh

Reported in : AIR1960MP381

..... a foreigner, and who has for five years overstayed the term of his visa, and who has done nothing to move the government of india to clear this doubt about his citizenship -- that such a person should, when the deportation it imminent, be permitted to stay on for another term just to move that government ..... writ not to deport them and at least to wait till they get an opportunity to move the government of india under section 9(2) of the indian citizenship act and rule 30 of the citizenship rules, and the latter disposes of their petition. 2. the facts stated above indicate that this is a typical ..... such cases there can be a genuine doubt laised well before the deportation proceedings, as to the citizenship of the persons concerned, and it would be advisable to wait till the matter is decided by the government of india, instead of pushing the persons across the border into a foreign country, from where it would ..... rulings have no application. in re, abdul khader, air 1959 andhra pra. 241 the acquisition or the determination of the indian citizenship of the applicant, was already under the active consideration of the government of india, at the time of the deportation order. the court held that the authorities should wait till the government of ..... krishnan, j. 1. this is a petition under article 226 of the constitution of india by a couple who came to india on a pakistani passport (which was visa-ed) for three months ending on 23-10-1954. either they were successful, in concealing themselves, .....

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Apr 26 1960 (HC)

Firoz MeharuddIn Vs. Sub-divisional Officer and ors.

Court : Madhya Pradesh

Reported in : AIR1961MP110; 1961CriLJ516

..... knowing how long it shall continue.it, therefore, created serious doubts regarding the intention of such 'migrants' whether they wanted to be citizens of india. the constitution recognised that there was neither logic nor principle in conferring citizenship rights on persons who had deliberately chosen or may hereafter deliberately decide to choose to make some other country their home. it, therefore, provided that ..... the requirements of article 5. in his case, the position would be that he would never be deemed to have acquired the citizenship of india, in spite of the fact that he was domiciled in india at the commencement of the constitution and also fulfilled the condition of any of the clauses (a), (b) or (c) of article 5.40. the learned counsel ..... 1959shabrati s/o mangoo10.misc. pet. no. 371/1958ghulam mahmood khan93.-99. the position in cases where the petitioners concerned were citizens of india at the commencement of the constitution is that the question of termination of their citizenship can only be decided by the central government. we need, therefore, examine only those cases in which the petitioners had migrated to pakistan ..... any foreign state.' 39.as i read these provisions, their plain meaning appears to me to be this. at the commencement of the constitution, article 5 conferred citizenship on any person who had his domicile in the territory of india and who also satisfied any one of the conditions laid down in clause (a), (b) or (c) thereof. article 7 then contains .....

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Oct 31 1988 (HC)

Smt. Shishuwala Pal and anr. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1989MP254; 1989MPLJ121

..... education in the districts of betul and hoshangabad alone could conferon them the rights of indian citizenship. they did not take any steps for acquiring indiancitizenship as provided under the citizenship act. on facts stated by the petitioners, article 7 of the constitution of india is not attractedbecause their sole contention is that they are indian citizens on basis of ..... that, the petitioners had never been citizens of india by virtue of the provisions in part ii of the constitution of india, nor they ever applied for acquiring indian citizenship under the citizenship act, 1955; that, they have an efficacious remedy for approaching the government of india for determining whether they were or not citizens of india, but instead of (resorting to) specific provisions ..... in exercise of the extraordinary jurisdiction under article 225 of the constitution of india cannot enter into the disputed area of whether citizenship should be conferred or not, which is the exclusive domain of the government of india. it seems clear that the petitioners have not taken any steps under the citizenship act; and if there are any humanitarian considerations, as ..... the purview of articles 5, 6 and 8 as aforesaid, may still not be citizens of india if they have migrated from india to pakistan, as laid down in article 7, or if they have voluntarily acquired the citizenship of any foreign state (article-9). the constitution has vested parliament with the power to regulate, by legislation, the rights to .....

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Feb 23 1953 (HC)

iqbal Ahmed Vs. State of Bhopal

Court : Madhya Pradesh

Reported in : 1954CriLJ602

..... this constitution every person who has his domicile in the territory of india and-(a) who was born in the territory of india; or(b) either of whose parents was born in ..... the merits, the first question for decision is whether izhar ahmed is a citizen of india. it must appear that the very basis for the tenability of the petition is the indian citizenship of izhar ahmed because the fundamental rights as declared in article 19 of the constitution, particularly article 19(1)(e) and (d) are claimed for him and it is said ..... the territory of india; or(c) who has been ordinarily resident in ..... that his latter right is infringed and violated. article 5 of the constitution lays down the essentials for clothing a person with citizenship of india or indian union. it runs as follows:at the commencement of .....

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Dec 21 1950 (HC)

B. Choudhary Vs. the State of Bhopal and anr.

Court : Madhya Pradesh

Reported in : 1951CriLJ1239

..... of the constitution is applicable to the petitioner. two essentials are necessary under this article viz: (1) that the petitioner must have his ..... administration order, 1945 are void under article 13 of the constitution; (3) that the order dated 6-10-45 is defective, mala fide & illegal.5. the first & the most important point for determination,' therefore, is whether the petitioner is a citizen of india. part ii of the constitution, lays down the articles to determine citizenship of a person. the question is whether article 5 ..... to be decide 3 on the material as found in the affidavits.7. the first essential under article 5 of the constitution is that the petitioner should have his domicile in the territory of india. the word 'domicile' is not defined, but as found in the law lexicon (p. r. iyer) domicile is the place where a man has his home or ..... domicile in the territory of india & (a) one of the factors as laid down under clauses (a) or (b) or (c). the petitioner claims that .....

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Mar 29 1989 (HC)

Nasir Ahmedkhan Vs. the Superintendent of Police and Registration Offi ...

Court : Madhya Pradesh

Reported in : 1989CriLJ2044; 1989MPLJ451

..... there is a great deal of controversy between the parties, which requires a detailed examination of evidence and the writ court cannot exercise its jurisdiction under article 226 of the constitution of india, on serious disputed questions of fact as observed by the supreme court in : 1961crilj703 (supra). but after considering the contentions of the learned counsel and the material placed before ..... , 1956, sch. iii, rule 3 by the central government, before taking an action for deportation. section 9 of the act reads as under:9. termination of citizenship - (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th jan., 1950 and the commencement of this act voluntarily acquired or, as the ..... cause notice nor was afforded an opportunity of hearing to show that he has not migrated to pakistan, obtained a passport on declaration of that nationality and lost his indian citizenship by virtue of the act. the person affected ought to have been given a reasonable opportunity of hearing before deportation and an enquiry was necessary by the central government about ..... mohammad jalil khan.' the petitioner also contended that as aziz khan claimed to be an indian national, unless and until that question is determined under section 9(2) of the citizenship act, 1955 (hereinafter referred to as 'the act') aziz ahmed cannot be deported.4. the respondents resisted the petition and contended that the petitioner's father is not a .....

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Sep 10 1980 (HC)

dharti Pakad Madanlal Agrawal, Gwalior Vs. Jinendra Kumar Jain, Bhopal ...

Court : Madhya Pradesh

Reported in : AIR1981MP26; 1981MPLJ126

..... nomination paper to be signed by one proposer who is an elector of the constituency is unconstitutional as under article 84 of the constitution a citizen of india who holds the necessary qualifications prescribed in this article is entitled to contest the election to either house of parliament. according to the ..... contained in sub-section (1), for election to the legislative assembly of sikkim (deemed to be the legislative assembly of that state duly constituted under the constitution), the nomination paper to be delivered to the returning office shall be in such form and manner as may be prescribed :provided that the ..... the hold-fag of elctions to the parliament and also matters connected with the constitution of either house of parliament. the language used in this article clearly confers wide authority on the parliament to make laws about the procedure ..... the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.'this provisions clearly confers powers on the parliament to legislate on all matters relating to or in respect of ..... stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of an allegiance or adherence to a foreign state;(e) if he .....

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Aug 05 1964 (HC)

KamalnaraIn Sharma Vs. Pt. Dwarka Prasad Mishra and ors.

Court : Madhya Pradesh

Reported in : AIR1965MP15; 1964MPLJ893

..... 266, which has theeffect of either reviving or leaving the controversy beforethe inferior tribunal for adjudication, can be regarded asa judgment or final order under article 133 of the constitution?' the full bench answered the question by saying that proceedings under article 226 are original in nature and must be distinguished from proceedings of the high court in appellate jurisdiction ..... , freedom of movement, freeedom of speech and expression, freedom of assembly, freedom of association and freedom of trade, profession or business, or relates to civil rights which appertain to citizenship, or relates to a statutory right of civil nature which s citizen has, then clearly the proceedings under article 226 are civil proceedings.it makes no difference to the nature ..... english courts, it is modelled on the saidwrits mainly to enable the high courts to keep the subordinate tribunals within bounds.' the supreme court then pointed out that before the constitution, the chartered high courts were issuing prerogative writs similar to those issued by the king's bench division, subject to the same limitations imposed on the said writs, noted ..... final order has been considered in a number of cases. while considering this question with reference to section 205 of the government of india act, 1935, the federal court said in mohd. amin bros. ltd. v. dominion of india, air 1950 fc 77 that-'the expression 'final order' has been used in contradistinction to what is known as 'interlocutory order' and .....

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