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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: supreme court of india Year: 1960 Page 1 of about 9 results (0.081 seconds)

Sep 07 1960 (SC)

Smt. Shanno Devi Vs. Mangal Sain

Court : Supreme Court of India

Decided on : Sep-07-1960

Reported in : AIR1961SC58; [1961]1SCR576

..... of his enrolment as a voter, the date of acceptance of his nomination and the date of his election. if however he was not a citizen of india at the commencement of the constitution he had not since acquired citizenship and so his election would be void. the respondent's case all along was that he was that he was a citizen of ..... citizens which application had to be filed before the date of the commencement of the constitution. but while the primary provisions in the constitution as regards the citizenship for people born at a place now included in india and people whose parents were born at a place now in india insist on that requirement of intention to reside here permanently by using the word 'domicile ..... . 11, only saves expressly the right of parliament to make provisions as regards acquisition and termination of citizenship and all other matters relating to citizenship. of the other six articles, the first, art. 5, says who shall be citizens of india at the commencement of the constitution, while arts. 6 and 8 lay down who though not citizens under art. 5 shall be deemed ..... or ordinary residence in this area for a continuous period of five years immediately preceding the commencement of the constitution. if there had been no division of india and no portion of the old india had been lost this would have been sufficient, as regards conferment of citizenship apart from the special provision for giving such rights to persons of indian origin residing outside .....

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Dec 05 1960 (SC)

Rameshwar Dayal Vs. the State of Punjab and ors.

Court : Supreme Court of India

Decided on : Dec-05-1960

Reported in : AIR1961SC816; [1961]2SCR874

..... appointment as a judge of a high court, and has submitted that where the constitution-makers thought it necessary they specifically provided for counting the period in a high court which was formerly in india. articles 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of art. 233, and we do not think ..... a roll of advocates was prepared and maintained in accordance with section 8 of the said act. it was in this second period that the constitution of india came into force on january 26, 1950. 13. this is the background against which we have to consider the argument of learned counsel for the appellant. even if we assume ..... that right was not taken away even after the lahore high court ceased to be a high court in the territory of india under the constitution. as we are resting our decision on conclusions drawn from the high courts (punjab) order, 1947, and section 8 of the bar councils act, 1926, we consider it unnecessary to ..... intervene in the appeal and in view of the circumstance that a question of the interpretation of art. 233 of constitution arises in the appeal, we have allowed the application and heard the learned additional solicitor-general, even though the union of india did not appear at an earlier stage to contest the application which the appellant had made, to expunge it .....

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Mar 14 1960 (SC)

In Re: the Berubari Union and Exchange of Enclaves Reference Under Art ...

Court : Supreme Court of India

Decided on : Mar-14-1960

Reported in : AIR1960SC845; [1960]3SCR250

..... inviolable and sacred. the very first sentence in the preamble which declares that 'we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic', says mr. chatterjee, irrevocably postulates that india geographically and territorially must always continue to be democratic and republican. the other ground on which this contention is raised is founded on art. 1(3)(c) of ..... on a fair and reasonable construction of art. 3 and its validity cannot be impaired by what the learned attorney-general has described as the special features of the federal constitution of india. 48. in this connection the learned attorney-general has drawn our attention to the provisions of act xlvii of 1951 by which the boundaries of the state of assam ..... passed through three readings and as finalised it was signed by the president of the assembly and declared as passed on november 26, 1949. on that date it became the constitution of india; but, as provided by art. 394, only specified articles came into force as from that date and the remaining provisions as from january 26, 1950, which day is referred ..... guarantee about their territorial integrity. 36. part i of the constitution deals with the union and its territories, and in a sense its provisions set out a self-contained code in respect of the said topic. just as part ii deals with the topic of citizenship, part i deals with the territory of india. art. 1 deals with the name and territory of .....

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Nov 21 1960 (FN)

Polites Vs. United States

Court : US Supreme Court

Decided on : Nov-21-1960

..... accordingly, the court concluded that the government had failed to prove nowak's "state of mind," 356 u.s. at 356 u. s. 666 , his lack of "attachment" to constitutional principles, by the clear, unequivocal, and convincing evidence which is required. cf. schneiderman v. united states, 320 u. s. 118 . maisenberg was different in that the ultimate issue involved ..... that nowak had illegally procured his citizenship because, during the five years preceding his naturalization, he had not been "attached" to ..... constitutional principles, the government page 364 u. s. 435 undertook to prove that he had been a member of the communist ..... of 1906. that statute did not specifically prohibit citizenship to a member of an organization which advocated overthrow of the government by force and violence. it did require an alien to have been "attached to the principles of the constitution of the united states" for at least five years preceding his application for citizenship. [ footnote 10 ] in order to show .....

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Nov 14 1960 (FN)

Chaunt Vs. United States

Court : US Supreme Court

Decided on : Nov-14-1960

..... 1 ] the complaint stated that petitioner had falsely denied membership in the communist party and that, by virtue of that membership, he lacked the requisite attachment to the constitution, etc., and the intent to renounce foreign allegiance. it also alleged that petitioner had procured his naturalization by concealing and misrepresenting a record of arrests. the district court cancelled ..... fact and a willful misrepresentation which foreclosed the immigration and naturalization service and the district court from making a further investigation as to whether he had all the qualifications for citizenship. . . ." these findings, as such, are not disputed. it is nowhere suggested, for example, that the petitioner's falsehoods were the result of inadvertence or forgetfulness -- ..... order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. . . ." [ footnote 2 ] section 4 ..... arrests in these cases were not reflections on the character of the man seeking citizenship. the statute in force at the time of his naturalization required that "he has behaved as a person of good moral character, attached to the principles of the constitution of the united states, and well disposed to the good order and happiness of .....

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Jun 13 1960 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : Jun-13-1960

..... the court indicates that, when a constitutional question lurks in the case, not even the lower federal courts sitting in diversity jurisdiction should decide the nonconstitutional questions. [ footnote 2/17 ] of course, this view is not ..... refuses to decide the question (and the related state questions) on the ground, as i read the opinion, that there exists an unbending, unyielding, automatic canon of constitutional adjudication that, if a constitutional question is not "frivolous," the court must page 363 u. s. 223 avoid it unless decision is "compelled" after disposition of all nonconstitutional questions. in fact, ..... of 1954-1955. petitioner reported the losses to the respondent on february 1, 1955, and, on april 1, 1955, respondent denied liability. the action, resting on diversity of citizenship, was instituted in the united states district court for the southern district of florida on may 20, 1957, more than two years after discovery of the losses. the respondent ..... there on which respondent denied liability. more than 12 months after discovery of the losses, petitioner sued respondent in a federal district court in florida, basing jurisdiction on diversity of citizenship. that court awarded a judgment to petitioner after ruling that, (1) under florida law, the losses were not excluded from "all risks" coverage if they were caused .....

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Jun 06 1960 (FN)

Deveau Vs. Braisted

Court : US Supreme Court

Decided on : Jun-06-1960

..... ex-convicts called for drastic action. legislative investigation had established that the presence of page 363 u. s. 158 ex-convicts on the waterfront was not a minor episode, but constituted a principal corrupting influence. the senate subcommittee which investigated for congress conditions on the new york waterfront found that "[c]riminals whose long records belie any suggestion that they can ..... or after the end of such imprisonment, unless, prior to the end of such five-year period, in the case of a person so convicted or imprisoned, (a) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (b) the board of parole of the united states department of justice determines that such ..... for the employment of longshoremen is also provided under the supervision of the commission, replacing the archaic, corrupt "shape-up." under the requirement of art. i, 10, of the constitution, the compact was submitted to the congress for its consent, and it was approved. this was no perfunctory consent. congress had independently investigated the evils that gave rise to the ..... waterfront in the port of new york. the solution which was evolved between the two states embodies not only legislation by each, but also joint action by way of a constitutional compact between them, approved by congress, including the establishment of a bi-state waterfront commission. for years, the new york waterfront presented a notoriously serious situation. urgent need for .....

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May 16 1960 (FN)

Parker Vs. Ellis

Court : US Supreme Court

Decided on : May-16-1960

..... outcome of this adjudication to preclude a finding of mootness. furthermore, there is an important public interest involved in declaring the invalidity of a conviction obtained in violation of the constitution, and, under the court's decisions, this is a consideration relevant to the mootness question. [ footnote 31 ] in sum, i cannot agree with the court that george parker's case ..... texas has not ended. the unconstitutional judgment rendered against him has a continuing effect because, under texas law, "[a]ll persons convicted of any felony except those restored to full citizenship and right of suffrage or pardoned" are disqualified from voting. texas election code, art. 5.01. the loss of these civil rights prevents a case from becoming page 362 u ..... . page 362 u. s. 591 iii the concurring opinion raises another objection to granting parker relief. while the court's opinion simply construes the statute, the concurring opinion construes the constitution. the court's opinion would not foreclose congress from authorizing relief in a case like parker's; the concurring opinion would. while the court's decision is based on the ..... state court in which petitioner was, according to his claim, denied due process of law as guaranteed by the due process clause of the fourteenth amendment of the united states constitution. after hearing, the district court dismissed the petition. the court of appeals for the fifth circuit, with one judge dissenting, affirmed the order of dismissal, 258 f.2d 937, .....

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Jan 18 1960 (FN)

Hess Vs. United States

Court : US Supreme Court

Decided on : Jan-18-1960

..... involved, resemble some admiralty doctrines, with which also we are not now concerned, more than do comparable provisions in the state's general wrongful death statute, which presumably can be constitutionally applied to a maritime tort. with all deference, i must say that the total irrelevance of that fact seems plain. we are not reviewing the general constitutionality page 361 u ..... label "wrongful death act." it may be that the court does not intend to go so far. it asserts, albeit almost as an afterthought, that some state doctrines might be constitutionally inapplicable to maritime torts, notwithstanding that they are embodied in a death statute. [ footnote 2/17 ] it then summarily finds the possible reservation inapplicable in this instance on the ground ..... the rights and liabilities of the parties. carlisle packing co. v. sandanger, 259 u. s. 255 , 259 u. s. 259 . where the plaintiff exercises the right conferred by diversity of citizenship to choose a federal forum, the result is no different, even though he exercises the further right to a jury trial. whatever doubt may once have existed on that score ..... court of appeals affirmed, holding that the trial court had not erred in finding that negligence had not been proved, and agreeing that the employers' liability law "could not be constitutionally applied to this case." the appellate court expressly refrained from deciding "whether the trial court was also correct in ruling that, if that act were applied, the united states would .....

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