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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: supreme court of india Year: 1999 Page 1 of about 7 results (0.275 seconds)

Sep 15 1999 (SC)

Thampanoor Ravi Vs. Charupara Ravi and ors.

Court : Supreme Court of India

Decided on : Sep-15-1999

Reported in : AIR1999SC3309; JT1999(7)SC231; 1999(3)KLT487(SC); 1999(5)SCALE511; (1999)8SCC74; [1999]Supp2SCR419; 2000(1)LC51(SC)

..... it would be a matter to be decided by the authority constituted under the citizenship act and when no decision is given by the competent authority under the citizenship act, the question whether he ceased to be a citizen of india could not be adjudicated in an election petition.14. in the ..... chosen as a member of the legislative assembly as he was an undercharged insolvent within the meaning of article 191(1)(c) of the constitution of india, at the time of filing of his nomination, at the time of his election and even on the date of the filing of ..... jurisdiction exercisable under the r.p. act is a special jurisdiction conferred on the high court by virtue of article 329(b) of the constitution. therefore, even though the high court may otherwise exercise ordinary and . extraordinary jurisdiction it would be difficult to envisage a situation that while ..... how a person has acquired the citizenship of another country it shall be determined by such authority in the manner prescribed by the rules of evidence as may be prescribed in that behalf; that since by virtue of article 329(b) of the constitution all questions arising in an ..... present case, as we have explained earlier the scheme of the provisions of the insolvency act, the exclusive jurisdiction to deal with any question relating to insolvency could be adjudicated upon only by the court constituted .....

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May 17 1999 (FN)

Saenz Vs. Roe

Court : US Supreme Court

Decided on : May-17-1999

..... 20 see cohen, discrimination against new state citizens: an update, 11 const. comm. 73, 79 (1994) ("[j]ust as it would violate the constitution to deny these new arrivals state citizenship, it would violate the constitution to concede their citizenship in name only while treating them as if they were still citizens of other states"). 21" 'congress is without power to enlist state cooperation ..... , used even stronger language to make the same point: "the states have not now, if they ever had, any power to restrict their citizenship to any classes or persons. a citizen of the united states has a perfect constitutional dred scott v. sandford, 19 how. 393 (1857), this court had limited the protection of article iv to rights under state law and ..... . thompson, 394 u. s. 618 , 641 (1969)." townsend v. swank, 404 u. s. 282 , 291 (1971). 508 the citizenship clause of that amendment is a limitation on the powers of the national government as well as the states. article i of the constitution grants congress broad power to legislate in certain areas. those legislative powers are, however, limited not only by the ..... the right to travel is, however, expressly protected by the text of the constitution. the first sentence of article iv; 2, provides: "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." thus, by virtue of a person's state citizenship, a citizen of one state who travels in other states, intending to .....

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May 17 1999 (FN)

Ruhrgas Ag Vs. Marathon Oil Co.

Court : US Supreme Court

Decided on : May-17-1999

..... . the district court granted ruhrgas' motion. noting that texas' long-arm statute authorizes personal jurisdiction to the extent allowed by the due process clause of the federal constitution, the court addressed the constitutional question and concluded that ruhrgas' contacts with texas were insufficient to support personal jurisdiction. the en banc fifth circuit vacated and remanded, holding that, in removed cases, ..... , 3 cranch 267 (1806); r. fallon, d. meltzer, & d. shapiro, hart and wechsler's the federal courts and the federal system 1528-1531 (4th ed. 1996). the foreign citizenship of defendant ruhrgas, a german corporation, and plaintiff norge, a norwegian corporation, rendered diversity incomplete. 3 title 9 u. s. c. 205 allows removal "[w]here the subject matter of ..... district court for the southern district of texas. see 145 f.3d 211 , 214 (ca5 1998). in its notice of removal, ruhrgas asserted three bases for federal jurisdiction: diversity of citizenship, see 28 u. s. c. 1332 (1994 ed. and supp. iii), on the theory that norge, the only nondiverse plaintiff, had been fraudulently 580 joined; 2 federal question, ..... that ruhrgas had diminished the value of the license norge had assigned to mpcn. ruhrgas removed the case to the district court, asserting three bases for federal jurisdiction: diversity of citizenship, see 28 u. s. c. 1332, on the theory that norge, the only nondiverse plaintiff, had been fraudulently joined; federal question, see 1331, because marathon's claims .....

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Apr 26 1999 (SC)

K. Venkatachalam Vs. a Swamickan and Another

Court : Supreme Court of India

Decided on : Apr-26-1999

Reported in : AIR1999SC1723; 1999(3)ALLMR(SC)643; JT1999(3)SC242; 1999(3)SCALE12; (1999)4SCC526; [1999]2SCR857; 1999(2)LC1064(SC)

..... he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state;(e) if he is so disqualified by or under any ..... assembly (or legislative council), do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter.13. in support of his submission that jurisdiction ..... cover both pre-existing and supervening disqualifications, articles 190 and 192 should also be similarly understood as relating to both kinds of disqualification. according to him all these provisions together constitute an integral scheme whereby disqualifications are laid down and machinery for determining questions arising in regard to them is also provided. the use of the word 'become' in articles ..... the appellant and swamickan, respondent were the candidates. in the result declared venkatachalam was elected. a year after the date of election of venkatachalam, petition under article 226 of the constitution was filed by swamickan for a declaration that venkatachalam was not qualified to be member of the tamil nadu legislative assembly representing lalgudi assembly constituency since he was not elector .....

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May 13 1999 (SC)

Baburao Vs. Manikrao and anr.

Court : Supreme Court of India

Decided on : May-13-1999

Reported in : AIR1999SC2028; 1999(3)ALLMR(SC)339; JT1999(3)SC530; 1999(3)SCALE704; (1999)5SCC38; 1999(Supp)SCC38; [1999]3SCR547; 2000(1)LC396(SC)

..... 16 of-the act, 1950 and disqualifications mentioned under articles 173 and 191 of the constitution of india. section 100 of the act of 1951 mentions the grounds for declaring the elections to be void and if the returned candidate was not qualified ..... sustain his contention. we are unable to find any ground after reading section 16 of the 1950 act and articles 173 and 191 of the constitution of india to hold that the nomination of the first respondent ought to have been rejected. the contention based on section 33(5) of the 1951 act ..... order dated 23-1-1995.12. in the course of the judgment under appeal the learned judge after noticing articles 173 and 191 of the constitution of india observed as follows:--it may further be noted that the nomination of a candidate can be rejected on the ground of disqualification mentioned in section ..... and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state;(e) if he is so ..... disqualified by or under any law made by parliament.(explanation-for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india .....

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Mar 24 1999 (SC)

Akmal Ahmad Vs. State of Delhi

Court : Supreme Court of India

Decided on : Mar-24-1999

Reported in : AIR1999SC1315; 1999(1)ALD(Cri)688; 1999(1)ALT(Cri)271; 1999CriLJ2041; 1999(2)Crimes12(SC); JT1999(2)SC388; 1999(2)SCALE234; (1999)3SCC337; [1999]2SCR160

..... section 3 by virtue of section 21 is expressly made rebuttable and the accused can even then prove the non-existence of a fact essential to constitute an ingredient of the offence under section 3. on the same principle, the statutory presumption arising of the lesser offence under section 5 on proof ..... act. the question now is about the nature of this statutory presumption.18. while considering the nature and ambit of the presumptions in tadaa the constitution bench made reference to section 21 of the tadaa which speaks of presumption as to the offence under section 3. the following observation made by the ..... 5 of the tadaa is a more aggravated offence than section 25 of the arms act.17. in the above context reference to the decision of the constitution bench in sanjay dutt v. state : 1995crilj477 , has to be made. the five-judge bench considered 'the proper construction of section 5 of the ..... as a citizen of pakistan and in such a case he must be deemed to have ceased his citizenship of india. in support of his argument learned addl. solicitor general referred to section 9 of the citizenship act, 1955.10. it may be so and we do not think it necessary to advert to ..... includes a passport which having been issued by or under the authority of the government of a foreign country satisfies the conditions prescribed under the passport (entry into india) act, 1920 (34 of 1920), in respect of the class of passports to which it belongs;(b) 'travel document' includes a travel document which having .....

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Jun 10 1999 (FN)

Chicago Vs. Morales

Court : US Supreme Court

Decided on : Jun-10-1999

..... of the south 76 (1965). the reconstruction-era vagrancy laws had especially harsh consequences on african-american women and children. l. kerber, no constitutional right to be ladies: women and the obligations of citizenship 50-69 (1998). neither this history nor the scholarly compendia in justice thomas' dissent, post, at 102-106, persuades us that the ..... of proof upon the defendant to establish that loitering is not a "fundamental liberty." it never does marshal any support for the proposition that loitering is a constitutional right, contenting itself with a (transparently inadequate) explanation of why the historical record of laws banning loitering does not positively contradict that proposition,6 and the ( ..... "this is not an ordinance that simply regulates business behavior and contains a scienter requirement .... it is a criminal law that contains no mens rea requirement ... and infringes on constitutionally protected rights." ante, at 55 (internal quotation marks omitted). (poor alexander hamilton, who has seen his "commercial republic" devolve, in the eyes of the plurality, at ..... price to pay for liberation of their streets. the majority today invalidates this perfectly reasonable measure by ignoring our rules governing facial challenges, by elevating loitering to a constitutionally guaranteed right, and by discerning vagueness where, according to our usual standards, none exists. i respondents' consolidated appeal presents a facial challenge to the chicago ordinance on .....

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