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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: rajasthan Page 1 of about 32 results (0.019 seconds)

Apr 11 1972 (HC)

Abdullah Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1972Raj272; 1972()WLN245

..... word 'migrated' in article 7, and, therefore, by virtue of that article he will be deemed not to be a citizen of india on the date of the commencement of the constitution. thereafter he has not claimed the citizenship of india, and should therefore be held to be a foreigner. it may also be pointed out here that according to the birth date given ..... governed by article 7 of the constitution. consequently, the argument advanced on behalf of the petitioner based on section 9 of the ..... domicile nor on the ground that the question whether an indian citizen has acquired the citizenship of another country cannot be determined by the courts. it was further held that under article 7 of the constitution the petitioner could not be deemed to be a citizen of india. the learned judge observed 'migration is something distinct from the act of changing one's ..... who are alleged to have voluntarily acquired the citizenship of another country at any time between 26-1-1950 and the commencement of that act i.e. 30-12-55, only cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955. the present case is, however, clearly .....

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Jun 11 1980 (HC)

ishaq Ahmed Son of Late Shri Sampat Khan and ors. Vs. the Union of Ind ...

Court : Rajasthan

Reported in : 1980WLN(UC)318

..... the provisions of citizenship rules, 1956. the petitioners filed the present writ petition of june 5, 1980, praying the same relief which ..... writ petition, was received by the home secretary, government of india on may 24, 1980. the said application is still pending decision by the central government in accordance with ..... citizenship act, 1955 for determining the question as to whether or not they bad acquired the citizenship of pakistan and as such lost india citizenship. the said application, according to the petitioners' averments in the ..... in any case it is pre-mature. the petitioners who are admittedly pakistan passport holders and who entered india on the basis of the said passports on march 12, 1980, have since made an application dated may 21, 1980, under rule 30, citizenship rules, 1956, made by the central government in exercise of powers conferred by section 18 of the .....

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Jul 17 1979 (HC)

Shamim Bano Vs. the Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1980Raj98

..... would exceed in its jurisdiction if it tries to enter into the question whether citizenship should be conferred on these children or not. as stated earlier, this is the exclusive domain of the ..... an overall view of the entire facts and circumstances of the case, this court in exercise of the extraordinary jurisdiction under article 226 of the constitution of india cannot enter into the disputed arena of facts whether the petitioner has been divorced or not. moreover, it is the function of the central ..... children and his wife to saudi arabia. it has been contended by him that shamim bano, the petitioner, wanted him to stay in india, and obtain the citizenship of this country. as he was unable to accede to her request, the whole trouble had started. it was also contended that he ..... has got a large family at macca, and it is not possible for him to come to india, remain with her and obtain the citizenship of this country. the learned counsel for mr. beg also contended that he is prepared to take his wife back to pakistan ..... citizenship should be conferred on the minor children or not. human factor that the minor children who are of the age of 6 months to 4 years, are being taken away from the mother, is a matter of consideration for the central government. 23. this court in exercise of the powers under article 226 of the constitution of india .....

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Feb 19 1962 (HC)

State Vs. Abdullah Khan

Court : Rajasthan

Reported in : AIR1963Raj11; 1963CriLJ66

..... connection, we may in passing refer to article 9 of the constitution of india which clearly 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 8, if he has voluntarily acquired the citizenship of any foreign state. we mention this to show that our ..... indian citizen at the commencement of the constitution? for, it is riot his case that he had acquired such citizenship later. now article 5 of the constitution of india reads as follows: '5. 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 ..... not less than five years immediately preceding such commencement, shall be a citizen of india.' according to this article before a person could be entitled to have the status of indian citizenship on the coming into force of the constitution, he must have had his domicile here and then he must have had any one of the three qualifications which have been mentioned ..... born in the territory of india; or (c) who has been ordinarily .....

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Sep 20 1968 (HC)

Hari Khan and anr. Vs. the State

Court : Rajasthan

Reported in : 1968WLN8

..... and ors. : 1966crilj1217 ,. in para 13 of the judgment, it is given that cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955.4. coming now to the facts of the present case it is obvious that the petitioner hari khan voluntarily ..... registration, naturalisation, and territory. it also makes provisions for the termination and deprivation of citizenship under certain circumstances. section 9 of the citizenship act deals with the citizenship after the commencement of the constitution and has got nothing to do with the citizens who had left india for pakistan prior to that date. it has been observed in state of madhya pradesh ..... government. here as the central government has not yet decided whether or not the petitioners acquired the citizenship of pakistan, the court of sub-divisional magistrate had no jurisdiction to deal with the matter.article 7 of the constitution of india reads as follows:notwithstanding anything in articles 5 and 6 a person who has after the first day ..... therefore, not be deemed to be a citizeu of india under article 7 of the constitution quoted above. article 11 of the constitution lays down that parliament is empowered to make provision with regard to the acquisition and termination of citizenship and all other matters relating to citizenship. by virtue of this constitutional power, parliament enacted the cititzenship act, 1955, to supplement .....

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Jul 26 2006 (HC)

Smt. Saeeda Mohammad Kayum Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2006Raj284

..... the territory of india and-- (c) who was born in the ..... 1955 read with rule 30 of the citizenship rules, 1956? 33. for ready reference, article 5 of the constitution of india, section 9 of the citizenship act, 1955 and rule 30 of the citizenship rules, 1956, are reproduced as under:article 5 of the constitution 5. citizenship at the commencement of the constitution.-- at the commencement of this constitution every person who has his domicile in ..... 9(2) and 18(2)(h) of the citizenship act, 1955 and the rule 30 and schedule iii of the citizenship rules, 1956, the central government alone is constituted as the authority to decide the question of voluntary acquisition of citizenship of a foreign country and consequent determination of the citizenship of india. no other court or authority has the power to ..... territory of india: or (d) either of whose parents was born in the territory of indial; or (e) who has .....

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Apr 08 1958 (HC)

Ghaurul Hasan and ors. Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1958Raj172

..... be ordinarily residents in india and even section 5(1)(a) did not apply to them. as or the order asking ..... the applicants held passports from pakistan, that is conclusive proof of their having voluntarily aquired citizenship of pakistan before the dale they obt lined the passports from pakistan. the applicants thus cannot be deemed to be citizens of india by virtue of article 7 of the constitution. they are citizens of pakistan by virtue of rule 3 of schedule iii on account of ..... them to leave india, it was said that as the applicants were not citizens of india, they were asked to leave ..... jurisdiction to grant the certificates of citizenship under section 5(1)(a). reliance in this connection was placed on explanation (3) to section 5(1). it is also urged that as the applicants had migrated from india to pakistan after march 1957, they lost their indian citizenship and became citizens of pakistan under article 7 of the constitution therelore, they cannot be said to .....

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Nov 21 1950 (HC)

Nisar Ahmed Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1958Raj65; 1958CriLJ418

..... india, or (b) either of whose parents was born in the territory of india, or (c) who has been ordinarily resident in ..... ' with the conditions in the proviso to article 7 of the constitution and he cannot be deemed to be a citizen of india.21. as observed above, an essential element of citizenship as defined in article 5 is that the person must have had his domicile in india at the commencement of the constitution. domicile involves an intention to reside permanently. the petitioner on his ..... citizen to reside and settle in any part of the territory of india? in this connection, it would be proper to examine articles 5, 6 and 7 of the constitution. article 5, which defines the citizenship of india, lays down that 'every person, who, at the commencement of this constitution, has his domicile in the territory of india, and - (a) was born in the territory of ..... return to india on 30-7-1948, had come only to reside for .....

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Oct 27 1955 (HC)

Laxmichand and ors. Vs. Mst. Tipuri and ors.

Court : Rajasthan

Reported in : AIR1956Raj81

..... constitution did not consider it wise to introduce the conception of dual citizenship in india as in the united states of america.it seems ..... at the time of passing them cannot become effectual under this article throughout what is now the territory of india,then, article 5 which introduces the conception of a single citizenship throughout india also, in my humble judgment, cannot produce that effect. it must be remembered that the indian constitution is federal in character though it is true that the framers of our ..... to me clear that our constitution-makers sought to strike a just balance between the autonomy ..... of the several units composing the federal state and the solidarity of a unitary state which is best engendered on the foundation of a single citizenship.be that as it .....

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Aug 18 1972 (HC)

Mehraj Mohammed Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1972WLN544

..... affidavit of hanoo, uda, abdul aziz and gulam mohammed to the effect that the petitioner was residing in banswara on 26.1.1950 when the constitution of india was promulgated. these affidavits are however silent as to when the petitioner went to pakistan. there is no other document to show that the ..... and before the coming into force of the constitution of india, and consequently it cannot be presumed that he has ceased to be a citizen of india as envisaged by article 7 of the constitution. it is contended that under sub-section (2) of section 9 of the citizenship act. 1955, if any question arises as to ..... for determination, therefore, is whether the petitioner went to pakistan before the coming into force of the constitution, that is, 26 (sic) 1950 or at any time between 26.1.1950 and the commencement of the citizenship act, 1955, that is 13.12.1955. the petitioner has not given the date or month ..... whether, when or how any person has acquired the citizenship of another country, it shall be determined ..... the case put forward by the state is that the petitioner migrated to pakistan on partition of the country and after having acquired the citizenship of pakistan, he came to india on a temporary permit to take his wife, who was living in kota, to pakistan. it has been urged that the petitioner .....

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