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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: supreme court of india Year: 2008 Page 1 of about 8 results (0.078 seconds)

Jun 12 2008 (FN)

Boumediene Vs. Bush

Court : US Supreme Court

Decided on : Jun-12-2008

..... citizens enjoy when they are abroad is quite different from saying that practical considerations determine whether aliens abroad enjoy any constitutional protections whatever, including habeas. in other words, merely because citizenship is not a sufficient factor to extend constitutional rights abroad does not mean that it is not a necessary one. the court tries to reconcile eisentrager with its ..... naval station there and the exempt jurisdictions discussed in the english authorities are not similarly situated. petitioners and their amici further rely on cases in which british courts in india granted writs of habeas corpus to noncitizens detained in territory over which the moghul emperor retained formal sovereignty and control. see supra, at 12 13; brief for legal ..... their detention is analogous to two territories outside of england to which the writ did run: the so-called exempt jurisdictions, like the channel islands; and (in former times) india. there are critical differences between these places and guantanamo, however. as the court noted in rasul , 542 u. s., at 481 482, and nn. 11 12, common ..... again, not dispositive. petitioners argue that the site of their detention is analogous to two territories outside england to which the common-law writ ran, the exempt jurisdictions and india, but critical differences between these places and guantanamo render these claims unpersuasive. the government argues that guantanamo is more closely analogous to scotland and hanover, where the writ .....

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Apr 10 2008 (SC)

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Decided on : Apr-10-2008

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... with precision or uniformly. 166. in kesavananda bharati : air1973sc1461 case also, while considering the extent and scope of the power of amendment under article 368 of the constitution of india, the constitution of the united states of america was extensively referred to and ray, j., held:the american decisions which have been copiously cited before us, were rendered in the ..... clearly noticed by this court that american conditions do not apply adequately for the indian scenario. unlike u.s.a., the targeted beneficiaries are alien to our constitution. in india cognizance has been taken constitutionally. the victims of untouchability, identifying social and economic backwardness have been accepted as permissible measures. however, the question how long they can be continued is another ..... developed as a common demand, products of the national and social revolutions, of their almost inseparable intertwining, and of the character of indian politics itself.173. from the constitutional history of india, it can be seen that from the point of view of importance and significance, no distinction can be made between the two sets of rights, namely, fundamental ..... was, to some extent, legally recognized. in dred scott v. saunders 60 us 393 (1856) wherein chief justice taney held that [african-americans] were not entitled to get citizenship. he was of the view that 'once a slave always a slave', and one slave never would become the citizen of america. this view held by the chief justice taney .....

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Mar 14 2008 (SC)

Som Lal Vs. Vijay Laxmi and ors.

Court : Supreme Court of India

Decided on : Mar-14-2008

Reported in : AIR2008SC2088; JT2008(4)SC403; (2008)151PLR435; 2008(4)SCALE554; (2008)11SCC413; 2008(1)LC527(SC); 2008AIRSCW2750; AIR2008SC2088

..... matters relating to, or ancillary or in connection with the elections to the panchayats and municipalities, in terms of the provisions of parts ix and ix-a of the constitution of india. this is also a fact that the act 9 of 1994 came into effect on 21.4.1994 and the act 19 of 1994 came into effect on 19.9 ..... , 1994 was enacted and the preamble reads as under:an act to provide for the constitution of the state election commission and for vesting the superintendence, direction and control of the preparation of election rolls for, and the conduct of all elections to the panchayats and ..... to establish a three-tier panchayati raj system in the state of punjab with elected bodies at the village, block and district levels, in keeping with the provisions of the constitution (seventy-third amendment) act, 1992 for greater participation of the people and more effective implementation of rural development and panchayati raj system;8. likewise the punjab state election commission act ..... .- a person shall be disqualified for being chosen as, and for being a member of a panchayat or a municipality,-(a) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance or adherence to a foreign state; or(b) if he is of unsound mind and stands .....

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May 13 2008 (SC)

Fatma Bibi Ahmed Patel Vs. State of Gujarat and anr.

Court : Supreme Court of India

Decided on : May-13-2008

Reported in : AIR2008SC2392; 2008(2)ALD(Cri)381; 2008(2)ALT(Cri)350; 2008CriLJ3065; (2008)3GLR2468(SC); 2008(2)KLT907(SC); RLW2008(2)SC1664; 2008(7)SCALE519; (2008)6SCC789; 2008AIRSCW3962(2008)3SCC(Cri)151; 2008(3)AICLR480; 2008(4)Supreme308; 2008(3)KCCRSN188

..... to criminal cases. an accused has a fundamental right in terms of article 21 of the constitution of india to be proceeded against only in accordance with law. the law which would apply in india subject of course to the provisions of section 4 of the indian penal code and section ..... persons by whom the agreement is effected; and (3) a criminal object, which may be either the ultimate aim of the agreement, or may constitute the means, or one of the means by which that aim is to be accomplished. it is immaterial whether this is found in the ultimate objects ..... could not apply to his case. the circumstance that after the commission of the offence a person becomes domiciled in another country, or acquires citizenship of that state, cannot confer jurisdiction on the courts of that territory retrospectively for trying offences committed and completed at a time when that person ..... in any of the preceding sections of this chapter, no such offence shall be inquired into or tried in india except with the previous sanction of the central government.in our constitutional scheme, all laws made by parliament primarily are applicable only within the country. ordinarily, therefore, all persons who ..... offence is committed. section 41 of the indian penal code, however, extends the scope of applicability of the territorial jurisdiction of the court of india to try a case, the cause of action of which took place outside the geographical limits. parliament indisputably may enact a legislation having extra .....

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Feb 05 2008 (SC)

Ramanlal Bhailal Patel and ors. Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Feb-05-2008

Reported in : AIR2008SC1246; (2008)3GLR1841(SC); JT2008(2)SC222; (2008)2MLJ1042(SC); (2008)5SCC449; 2008AIRSCW1257; 2008(5)LH(SC)3416

..... a joint enterprise or venture to produce a common result for their benefit, then the co-owners may answer the definition of a 'person'. question (iii) - whether the ten purchasers constitute a 'person'? 24. we will now examine whether a group of individuals purchasing agricultural land jointly as co-owners, not with the intention of retaining the property in co-ownership ..... and individually, can be considered as a 'person' for the purposes of the ceiling act. the tribunal and the high court have proceeded on the basis that the ten purchasers constituted an 'association of persons' and therefore a separate juristic person. let us examine whether the said conclusion is correct. 25. instead of buying the land (172 acres, 36 guntas) jointly ..... company, a firm, an association of persons or body of individuals whether incorporated or not, a local authority and every other artificial juridical person. at the other extreme is the citizenship act, section 2(f) of which reads thus : 'person does not include any company or association or body of individuals whether incorporated or not.' similarly, the definition under section 2 ..... have to be treated as a person. it is submitted that when the five appellants and their respective spouses joined together to purchase 172 acres 36 guntas of land, they constituted an 'association of persons' or 'body of individuals' and therefore, the purchase by the ten purchasers was a purchase by a 'person' and the ten co-owners as a 'person .....

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Jun 12 2008 (FN)

Munaf Vs. Geren

Court : US Supreme Court

Decided on : Jun-12-2008

..... law to those alleged to have committed crimes within its borders, but also concerns about unwarranted judicial intrusion into the executive s ability to conduct military operations abroad. our constitutional framework requires that the judiciary be as scrupulous not to interfere with legitimate army matters as the army must be scrupulous not to intervene in judicial matters. orloff v ..... at issue here, the present circumstances differ in another respect. these cases concern american citizens while hirota did not, and the court has indicated that habeas jurisdiction can depend on citizenship. see johnson v. eisentrager , 339 u. s. 763 , 781 (1950); rasul v. bush , 542 u. s. 466 , 486 (2004) (kennedy, j., concurring in judgment). see also munaf , ..... within its own territory is necessarily exclusive and absolute. schooner exchange v. mcfaddon , 7 cranch 116, 136. this court has twice applied that principle in rejecting claims that the constitution precludes the executive from transferring a prisoner to a foreign country for prosecution in an allegedly unconstitutional trial. wilson, supra, at 529 530; neely , supra , at 112 113, ..... . s. military commanders answer to the president. these cases also differ from hirota in that they concern american citizens, and the court has indicated that habeas jurisdiction can depend on citizenship. see e.g., johnson v. eisentrager , 339 u. s. 763 , 781. pp. 7 11. 2. federal district courts, however, may not exercise their habeas jurisdiction to enjoin .....

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Apr 16 2008 (FN)

Baze Vs. Rees

Court : US Supreme Court

Decided on : Apr-16-2008

..... april 16, 2008] justice breyer, concurring in the judgment. assuming the lawfulness of the death penalty itself, petitioners argue that kentucky s method of execution, lethal injection, nonetheless constitutes a constitutionally forbidden, cruel and usual punishmen[t]. u. s. const., amdt. 8. in respect to how a court should review such a claim, i agree with justice ginsburg ..... in gregg . ii what prompts justice stevens to repudiate his prior view and to adopt the astounding position that a criminal sanction expressly mentioned in the constitution violates the constitution? his analysis begins with what he believes to be the uncontroversial legal premise that the extinction of life with only marginal contributions to any discernible social ..... the state s election to carry out the death penalty by electrocution in lieu of hanging encountered no fourteenth amendment shoal: no privilege or immunity of united states citizenship was entailed, nor did the court discern any deprivation of due process. id., at 448 449. footnote 3 the plurality deems medical standards irrelevant in part because ..... eighth amendment. ante , at 17 (opinion concurring in judgment) (internal quotation marks omitted; second bracket in original). this conclusion is insupportable as an interpretation of the constitution, which generally leaves it to democratically elected legislatures rather than courts to decide what makes significant contribution to social or public purposes. besides that more general proposition, the .....

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Apr 28 2008 (FN)

Crawford Vs. Marion County Election Bd.

Court : US Supreme Court

Decided on : Apr-28-2008

..... that minimal burden. that should end the matter. that the state accommodates some voters by permitting (not requiring) the casting of absentee or provisional ballots, is an indulgence not a constitutional imperative that falls short of what is required. * a number of our early right-to-vote decisions, purporting to rely upon the equal protection clause, strictly scrutinized nondiscriminatory voting ..... s requirements (matters not before us), in order to conclude that indiana s requirement imposes a significantly harsher, unjustified burden. of course, the carter-baker report is not the constitution of the united states. but its findings are highly relevant to both legislative and judicial determinations of the reasonableness of a photo id requirement; to the related necessity of assuring ..... ), see ante , at 14, n. 16, and that same price must usually be paid for a first-time passport, since a birth certificate is required to prove u. s. citizenship by birth. the total fees for a passport, moreover, are up to about $100.[ footnote 17 ] so most voters must pay at least one fee to get the id necessary ..... of how many indigent voters lack copies of their birth certificates. supposition based on extensive internet research is not an adequate substitute for admissible evidence subject to cross-examination in constitutional adjudication. footnote 21 brief for petitioners in no. 07 25, pp. 6 9. fifty-two republican house members voted for the bill, 45 democrats voted against, and 3 democrats .....

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