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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: orissa Page 1 of about 26 results (0.036 seconds)

Jan 16 1961 (HC)

Afzar Ali Baig Vs. the State

Court : Orissa

Reported in : AIR1961Ori174; 1961CriLJ658

..... and in his application for b visa he described himself as a pakistan national and wanted permission to visit india for a period of one year, to see his parents.by virtue of article 7 of the constitution he clearly lost his indian citizenship when he stayed in pakisthan after attaining majority. the true meaning of the expression 'migrated from the territory of ..... residing in that country permanently when he went there and accepted a government service, was not stated in the affidavit. the legal position therefore is that though a citizen of india the petitioner lost his citizenship by virtue of article 7 of the constitution when he went to east pakistan and remained there even after attaining majority.if after his return to ..... : india' occurring in article 7 of the constitution has been explained by their lordships of the supreme court in a very recent (unreported ..... india he wanted to acquire indian citizenship, it was open to him to apply to the authorities concerned, under section 5 of the citizenship act. section 9(1) of that act makes it 'clear that once a citizen of .....

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Jul 22 1960 (HC)

Mohammad Umar Vs. the State

Court : Orissa

Reported in : AIR1961Ori150; 26(1960)CLT610; 1961CriLJ353

..... is one anwar ali who though formerly a resident of kotpad migrated to pakisthan some time in 1949 and consequently lost his indian citizenship under article 7 of the constitution.2. the petitioner also went to pakisthan but returned to india with a pakisthani pass-port (ext. 7) in which he was described as a citizen of pakisthan. in the c visa affixed ..... circumstances justifying such registration, cause any minor to be registered as a citizen of india. when the petitioner's father lost his indian citizenship on his migration to pakisthan in 1949, by virtue ot article 7 of the constitution, the petitioner, as his minor son, also lost his indian citizenship and became a citizen of pakistan. he made several applications to the authorities concerned ..... for being registered as a citizen of india, but they were rejected.it is true ..... that a passport alone is no evidence of citizenship, but apart from the passport the other .....

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Jun 24 1999 (HC)

Salim Khan Alias Hassan and Naimeun Nisa Alias Husna Vs. Union of Indi ...

Court : Orissa

Reported in : 1999(II)OLR347

..... on factual aspects it is necessary to take note of few statutory provisions. article 5 to 11 of the constitution deal with citizenship. article 5 provides that every person specified, who has his domicile in the territory of india at the commencement of the constitution and is covered by any of the conditions in clauses (a), (b) and (c) thereof shall be citizen of ..... of salim khan, petitioner in ojc no. 17236 of 1998 to treat salim as a citizen of india keeping in view the provisions of article 5 of the constitution of india, 1950 (in short, the 'constitution') and section 5(1)(b) and section 5(1)(c) of the citizenship act, 1955. and for a direction to the central government to adjudicate whether salim had voluntarily ..... 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired citizenship of any foreign state. constitution does not make any provision with respect to acquisition of citizenship after its commencement or the termination of citizenship or other matters relating to citizenship. under article 11, constitution expressly saves the power of parliament to make a ..... india. article 8 deals with right of citizenship of any person who or either of whose parents or any of whose grand-parents was .....

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Jun 26 2012 (HC)

Dr.Shyamal Ku. Saha and Others Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30 (1) of the ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well defined religious or .....

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Jun 26 2012 (HC)

Nishikanta Kar Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30 (1) of the ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well defined religious or .....

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Jun 26 2012 (HC)

Surendranath Mishra Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30 (1) of the ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well defined religious or .....

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Jun 26 2012 (HC)

Dr.Shyamal Ku. Saha Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30 (1) of the ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well defined religious or .....

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Mar 11 1985 (HC)

State of Orissa Vs. Abdul Azaz Khan

Court : Orissa

Reported in : 1985(I)OLR500

..... by the witnesses since 12 to 8 years, it is to be assumed that the accused is continuing to reside in india much prior to 26.1.1950, which satisfies the condition of citizenship under article 5 of the constitution of india.4. the contention of mr. mukherjee has been directly answered by the supreme court in a decision reported in air ..... domicile in india and has acquired a new domicile...'it is thus, clear that the burden of proof is on the accused and where it is not discharged, it should beheld that ..... a foreigner lies upon a person who claims it. but once some evidence is led to make out a prima facie case that a person was a citizen of india on 26.1.1950, it is for the other side to prove the contrary and make out a case that the accused had in fact given up his old ..... page 40, it has been held :'there can be no dispute that the onus is in the first instance, on the respondent to establish that he is a citizen of india and not a foreigner.'in 32 (1966) clt 634 (supra) it has been held :'...no doubt, under sec, 9 of the foreigners act, the onus of proving that ..... a foreigner the onus of proving that he is not a foreigner lies upon him the burden is therefore upon the petitioner to establish that he is a citizen of india in the manner claimed by him and therefore he is not a foreigner...'to the same effect are the decisions of this court reported in ilr 1965, cutt. 38 .....

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Nov 30 1964 (HC)

The State Vs. Sk. Korban Khan

Court : Orissa

Reported in : AIR1965Ori145; 1965CriLJ232

..... rules, it would not be open, to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country. a decision by the government of india is a condition precedent in that behalf. in the present case the learned magistrate was justified in his finding that at this stage ..... , that he is an indian citizen. the prosecution has led no evidence to prove that the accused has lost his indian citizenship. he has properties in india and his wife in india. there is no evidence as to when he bad left india. 8. as regards the pakisthani passport, itby itself does not show that he is a pakisthani national. their loraships of the ..... which article 7 of the constitution refers must have taken place between march 1, 1947 and january 26, 1950. article 9 provides that 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 & if he has voluntarily acquired the citizenship of any foreign state. casual ..... the question as to whether the accused was an indian citizen within the meaning of article 5 of the constitution, the onus of proof will have to be placed on the accused to show that he was domiciled in the territory of india on january 25, 1950 and that he satisfied one of the three conditions prescribed by clauses (a), (b) and .....

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Apr 20 2001 (HC)

Surendra Dash Vs. Laxmidhar Sahoo and anr.

Court : Orissa

Reported in : 92(2001)CLT114

..... up the vacancy. 4. the aforesaid judgment of the tribunal was challenged by the present appellant in this court in an application filed under articles 226 and 227 of the constitution of india find the learned single judge, after hearing learned counsel for the parties, has rejected the application and confirmed the judgment of the tribunal. the appellant has, therefore, come up ..... to fortify his argument, shri mohanty refers to a decision of the apex court in bhagwati prasad dixit v. rajeev gandhi, a. i. r. 1986 s. c. 1534, wherein the citizenship of a candidate was questioned in an election petition, and draws our attention to the observations made in para 5, which are as under : '5. as regards ground no. (i ..... is enacted by parliament in exercise of its powers under entry 17 of list i of the .seventh schedule to the constitution read with article 11 thereof. article 11 of the constitution reads thus : '11. parliament to regulate the right of citizenship by law--nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision ..... , 1956 makes it cleat that no other court or authority has the power to decide the question as to whether, when or how a person has acquired the citizenship of another country. in the present case, no similar provision or procedure is available either in the 1969 act or 1970 orissa rules or in the 1886 act. there is .....

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