Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: patna Page 1 of about 4 results (0.042 seconds)

Apr 11 2008 (HC)

Narendra Narayan Das Vs. State of Bihar and ors.

Court : Patna

..... on reaching the age of 16 years in 1975 chose the citizenship of nepal under 1964 act then it cannot be said that he is a valid citizen of india. it was for the petitioner to choose his loyalty to the nation and the constitution by which he would like to be governed by. if he ..... matters of grant or taking away of citizenship, but it cannot be said or urged by any person that even though prima facie there is evidence to show that the person is not a citizen of india will be permitted to occupy an elected post under the constitution of india.7. learned counsel appearing for the private ..... resident of the village and by virtue of the same he cannot incur disqualification. learned counsel for the petitioner has also brought on record the nepal citizenship act, 2006 and he brings to my notice section 10(1v) to show that by virtue of the said provision he is not a nepalese citizen ..... an indian citizen can bail him out of the present situation. he has filed a detailed counter affidavit it wherein he has brought evidence on record to show that the petitioner is a nepalese citizen and he has acquired the citizenship in the year 1975 after reaching ..... respondent no. 4, on whose instance the impugned order came to be passed submits that there is overwhelming evidence to show that petitioner is a nepalese citizen and no amount of documents acquired by him to show that he is a resident of india and .....

Tag this Judgment!

Feb 14 2008 (HC)

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... by it.this principle was enunciated by the hon'ble supreme court while considering the law relating to taking away the rights of citizenship, in izhar ahmad khan v. union of india : air1962sc1052 .while fundamental rights are conferred by constitution, its taking away is beyond the pail of legislative competence, what is given to legislatures is to impose reasonable restrictions on such fundamental ..... no mandamus can be issued to a legislature to enact a law which it is competent to enact. likewise answering a reference in re. 143 of the constitution in re. under article 143, constitution of india : air1965sc745 , the court held that no command preventing a legislature from enacting a law can be issued on the ground that if enacted it will be in ..... levying tax on inter-state sales beyond the definition of 'sale' under the sale of goods act, 1930.33. section 107 of the government of india act, 1935, a precursor of article 254 of the constitution which provided that if any provision of a provincial law is repugnant to any provision of a federal law, which the federal legislature is competent to ..... was urged that under proviso to article 304(b) of the constitution, the requirement of previous assent of the president before presenting the bill in the state legislative assembly is for the purpose of imposing reasonable restriction on free movement of trade, commerce or interaction throughout the territory of india, but the same condition is not for leaving any such existing restriction .....

Tag this Judgment!

May 19 2006 (HC)

Vijay Kumar Singh and ors. Vs. State of Bihar and ors. and Union of In ...

Court : Patna

..... cutcherry so established started functioning after the 1947 act came into force.4. on 26th january, 1950, the people of india adopted the constitution of india and thereby constituted india into a sovereign democratic republic. in order to achieve democracy, it provided for citizenship and granted universal suffrage to its adult citizens. it also separated the powers of the executive, the legislature and the ..... 10 years so fixed has now been raised to 60 years by several amendments. in order to achieve federal structural, it constituted the union and the states and earmarked their area of operation. one of the objects of constituting india as a sovereign democratic republic was to secure to all its citizens justicesocial, economic and political and at the same ..... time to provide for equality to all of status and opportunity. in order to achieve justicesocial, economic and political, in part iv of the constitution various directions have been given, which ..... of the seats in an elected body, entitle to govern, is permissible.32. democracy is one of the basic structures of the constitution. democracy means rule of the nation by the majority of its people. the constitution of india has identified the people, the majority of which will rule the nation. it has provided for universal adult franchise and accordingly, has .....

Tag this Judgment!

Dec 01 1999 (HC)

Syed Mahboob Imam Vs. State of Bihar and anr.

Court : Patna

..... initiated against the petitioner for the alleged offence is an abuse of the process of the court. however, ultimately, if the government of india refused to grant citizenship in that event, the petitioner will immediately leave india without any further delay failing which he shall be liable to be prosecuted under the appropriate provisions of the foreigners act. accordingly, the prosecution ..... the petitioner is quashed and consequently, the application is allowed. in the facts and circumstances of the case, it is desirable that the government of india must consider the prayer of the petitioner for grant of citizenship in accordance with law as early as possible preferably within three months from the date of receipt/production of a copy of this order. ..... he cannot be treated as a foreigner and no penal action can be initiated. the question of grant of indian citizenship of the petitioner is still subjudiced before the government of india. further, the petitioner has been allowed to stay in india till, 1996, he cannot be prosecuted for such offences and, in my view the very initiation of the proceeding ..... period of overstay has been regularised by the government itself, the petitioner cannot be prosecuted for the same period of overstaying in india. it is, further, submitted that since the petitioner has already applied for the grant of indian citizenship and unless and until, the specific order is passed on the request made by the petitioner, he cannot be prosecuted for .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //