Court : Mumbai Goa
..... being registered. it is, thus, submitted that on and from 21/07/2010, the petitioner has ceased to be an indian citizen as article 5 of the constitution of india does not envisage a dual citizenship. 21. it is submitted that although in para 2 of the reply filed by the petitioner before the competent authority, the petitioner has reserved a right to ..... following reliefs : a) it be declared that the respondent is a portuguese national; b) it be declared that the respondent has voluntarily given up the citizenship of india in terms of article 9 of the constitution of india; c) the name of the respondent be ordered to be deleted from the electoral rolls and from all other records wherein he has been entered as ..... of india and who was born in the territory of india or either of whose parents was born in the territory of india or who has been ordinarily resident in the territory of ..... in this behalf to the effect that he chooses to retain the erstwhile citizenship or nationality i.e. before 20/12/1961. it is nobody's case that the petitioner has given any such declaration. 29. article 5 of the constitution of india provides for citizenship at the commencement of the constitution. according to this article, every person, who has his domicile in the territory .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom357; (1972)74BOMLR271; ILR1972Bom1262; 1972MhLJ649
..... india; or (b) either of whose parents was born in the territory of ..... on the ground that he was already a citizen of india, are grounds on which the petitioner could be considered as a foreigner.18. the petitioner claims citizenship under art. 5 of the constitution of india which runs as follows :'at the commencement of this constitution, every person who has his domicile in the territory of india and (a) who was born in the territory of ..... , as stated above, he described himself as a citizen of india.24. moreover, once the facts establish that he was a citizen of india under art. 5 of the constitution of india, it is now well settled that it is only the central government which has jurisdiction to decide whether he has acquired foreign citizenship. this question has to be decided by the central government ..... the time of the commencement of the constitution having been born in india in 1922 and having been brought in india, educated in india carrying on business permanently and living permanently in india. he also submitted that his conduct in filling up the forms under the registration of foreigners rules and under section 6 of the citizenship act was not voluntary and was as a .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1975Bom176; (1974)76BOMLR258
..... to entertain or try the suit was also questioned in view of the provisions of the citizenship act of 1955, hereinafter referred to as 'the act'.3. on evidence, the trial judge held that the plaintiff was a citizen of india at the commencement of the constitution. the suit filed after six years from the date of registration as foreigners was however, found ..... not disputed. during the pendency of the criminal proceedings inquiry under section 9(2) of the citizenship act read with rule 30 of the rules thereunder was held and by ..... thereof. their being citizens of india at the commencement of the constitution was not in dispute. the only question was with regard to the effect of their entering india on pakistani passports, gajendragadkar, j.. as he then was speaking for the court first overruled the view the possession of such passport operated as automatic cesser of the indian citizenship and observed follows (paragraph 6 ..... that his citizenship is terminated.'state of u.p. v. rahmatullah reported in : 1971crilj1103 was an appeal by the state against the acquittal by the high court of respondent-accused who the foreigners act, 1946, on the ground of his having entered india on 1.4.1955 on pakistan passport and having over-stayed in india illegally. that he was a citizen constitution was .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1959Bom359; (1959)61BOMLR164; 1959CriLJ1053; ILR1959Bom875
..... was raised by the learned government pleader was that in view of rule 3 specified in schedule iii of the citizenship rules, 1956, made under section 18 of the citizenship act, 1955, the fact that the respondent (though originally a citizen of india) had obtained a passport on 9-6-1952 from the government of pakistan shall be conclusive proof of his having ..... of the constitution, the respondent was a citizen of india and not a foreigner. accordingly, on 30-11-1957 he acquitted the respondent of the offence with which he had been charged. 9. the state has ..... section 3 to any authority subordinate to it. the notification s.r.o. no. 1562 issued by the government of india, so far as material, states that in exercise of the powers conferred by clause (i) of article 258 of the constitution, 'the president with the consent of the government of ..... bombay hereby entrusts to that government the functions of the central ..... in the district of broach and that he left india either towards the end of 1951 or in early 1952. he also held that the prosecution had not proved that the respondent migrated from india to pakistan with the intention of residing and settling in pakistan and that therefore article 7 of the constitution did not apply and in view of article 5 .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(4)BomCR196
..... at the trial of the suit to the following effect : (1) does the plaintiff prove that he is a citizen of india under article 5 of the constitution (2) do the defendants prove that the claim of the plaintiff to indian citizenship stands terminated by reason of his voluntary acquisition of a pakistan passport (3) is the plaintiff entitled to any of the ..... in case it is held by the court that the appellant was not a citizen of india at the commencement of the constitution, the appellant may be granted leave by the court to make the necessary application to the central government or the prescribed authority for citizenship by registration as contemplated under section 5 of the said act. there is no question of ..... the defendant contended that the plaintiff was not a citizen of india on the date when the constitution of india came into force by reason of applicability of art. 7 of the constitution of india. the defendant further contended in the said written statement that in any event the claim of the plaintiff to indian citizenship stood terminated by reason of the voluntary acquisition of pakistan ..... passport in view of the provisions contained in section 9(2) of the citizenship act, 1955 read with rule 30 and rule .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278
..... conditions must be shown to have been satisfied. one condition is that at the commencement of the constitution the person claiming citizenship must have had his domicile in the territory of india. in addition to this condition, either of the three conditions mentioned in clauses (a) (b) and (c) of that article must be satisfied. a person who shows that he ..... is justified on the evidence on record. the respondent claimed indian citizenship on the basis of article 5 of the constitution. article 5 of the constitution is as follows :-'at the commencement of 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 ..... therefore, any person who is born in india after the commencement of the constitution, shall be a citizen of india by birth. but the provisions of the citizenship act have to be read subject to the provisions of the constitution, and even apart from persons who are born in india after the 26th january, 1350, certain provisions of the constitution regard persons as deemed citizens if the ..... conditions in article 5 of the constitution are satisfied. it is necessary to refer to section 9 of the citizenship act, which provides for the termination of citizenship. section 9 is as follows:-'9 (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247
..... the petitioner is a foreigner governed by the foreigners act, 1946; and grant of oci registration does not amount to granting indian citizenship. in terms of article 9 of the constitution of india and section 9 of the citizenship act, once an indian citizen acquires the citizenship of any foreign state, he ceases to be an indian citizen and the action of the government of ..... upon the provisions of rule 25-e of the citizenship rules, 1956 and sections 7a and 7d of the citizenship act.9. the learned additional solicitor general, with great emphasis, raised a preliminary issue that the petitioner, being a foreigner, was not entitled to claim any relief under article 226 of the constitution of india, as a foreigner is not entitled to claim ..... india to grant and/or terminate the registration of an overseas citizen who is a foreigner is unfettered, absolute and taken in exercise ..... any fundamental rights or guarantees enshrined in the constitution, except the protection contained in .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1977Bom274; (1977)79BOMLR105
..... the plaintiff's suit with costs. this was on the footing that although the court had found him to be a citizen of india at the commencement of the constitution, the central government had given its decision that his citizenship had been terminated by the act of obtaining a pakistani passport on 25th may 1953 and therefore he was not entitled to the ..... another country, but the only authority to so decide is the government of india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) of the citizenship act and para 3 of the citizenship rules are intra vires the constitution and valid law,(iv) the proposition that as soon as it is alleged ..... 11 of the petition, and are as follows (1) it is alleged in the first place that rule 30 of the citizenship rules is void and ultra vires the provisions contained in article 14 of the constitution of india. (2) secondly, it is submitted that rule 30 of the citizenship rules and para. 3 of schedule iii thereto are bad and ultra vires the ..... citizenship act, 1955. (3) the said para 3 of schedule iii has been attacked as constituting an unreasonable restriction on the petitioner's fundamental rights under .....Tag this Judgment!
Court : Mumbai Goa
..... authorities in portugal and hence has become a foreign national, since 05/05/2006 and has thus lost indian citizenship. in terms of article 9 of the constitution, no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the ..... his wife in italy, the respondent must be deemed to have acquired italian citizenship as per the italian law and ceased to be an indian citizen under section 9 of the citizenship act, 1955 and that, therefore, under sub-clause (d) of clause (1) of article 102 of the constitution of india, the respondent was disqualified for being chosen as a member of the ..... that there had been a decision given on the question whether the respondent had ceased to be a citizen of india by the competent authority under the citizenship act, 1955 nor was it the case of the election petitioner ..... lok sabha. it was not disputed that the respondent was a citizen of india by virtue of article 5 of the constitution. there was also no allegation .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1955Bom300; (1955)57BOMLR568; ILR1955Bom749
..... force -- that there cannot be two domiciles in respect of citizens of india, and be, therefore, resists the application of any principle which is based on considerations of domicile.whether or not the constitution of india permits a plea of dual citizenship and dual domicile to beraised, in dealing with questions pf the application ..... apply when there is conflict of laws of different sovereign states. but there is authority for the proposition that where the law in one province in india is different from the law in another province, the two provinces must be regarded as analogous to two sovereign, states : air1940bom362 .14. strong ..... to suffer some hardship. but such hardships in rare cases are the inevitable consequence of provincial legislation in regard to a subject which is all-india in character.the bombay legislature may well claim to have taken long strides in the matter of legislation for social reform. but where social ..... the provisions of the act and the decision merely said that the fact that the marriage took place at a place outside the limits of india, cannot succeed in excluding the application of the provisions of the said act. in my opinion, this decisioncannot afford any assistance to mr. ..... the contract are governed by the law of the place where the contract was made; and where, therefore, the law of one province of british india is distinct from, the law of another province, the two provinces must be regarded, for the purposes of this rule, as analogous to foreign .....Tag this Judgment!