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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: supreme court of india Year: 2009 Page 1 of about 12 results (0.086 seconds)

Mar 19 2009 (SC)

G.S. Iqbal Vs. K.M. Khadar and ors.

Court : Supreme Court of India

Decided on : Mar-19-2009

Reported in : AIR2009SC2116; JT2009(5)SC266; 2009(4)SCALE626; (2009)11SCC398; 2009(3)LC1390(SC):2009AIRSCW2702

..... 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 acknowledgement of allegiance or adherence to a foreign state;(e) if he is ..... made out for rejection of nomination of the returned candidate under section 36(2)(b) of the act, 1951.22. article 84 of the constitution makes the provision for qualification for membership of parliament which reads thus;84. qualification for membership of parliament - a person shall not be qualified ..... materially affected -(i) by the improper acceptance or any nomination,or(ii) ...(iii) ...(iv) by any non-compliance with the provisions of the constitution or of this act or of any rules of orders made under this act, the high court shall declare the election of the returned candidate to ..... continued to claim that he was a member of two political parties simultaneously which is inconsistent with the provisions of tenth schedule of the constitution. the learned counsel submitted that the returned candidate hoodwinked the electorate by falsely alleging that he was a member of dmk party and stood ..... hereinafter referred, 'the petitioner') is an electorate of no. 7, vellore parliamentary constituency, having electoral no. 555 in the electoral list. general elections to constitute the 14th lok sabha took place in the months of april-may, 2004. to represent the said constituency, 19 candidates contested election; k.m. khader .....

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Dec 01 2009 (FN)

R (on the Application of Barclay and Others) (Appellants) Vs. Secretar ...

Court : UK Supreme Court

Decided on : Dec-01-2009

..... responsibility for the good government of the islands. the secretary of state for justice and lord chancellor ("the secretary of state"), the first respondent, has departmental responsibility for the constitutional relationship between the crown and the channel islands. the second respondent, the committee for the affairs of jersey and guernsey, is a committee of the third respondent, the ..... europe, it is citizens, and not non-resident aliens, who have the right to vote and stand for election. there may be some exceptional cases, for example where citizenship is withheld on, for example, linguistic grounds from communities who have been settled on the territory of a state for several generations: see venice commission explanatory report, para 1 ..... requirements. in view of new caledonia's transitional status the right to vote was given to the "population" defined by reference to 10 years' residence, which was identical to the citizenship requirement. the court specifically referred (at [46]) to the need to ensure "citizen participation and knowledge" in framing rules on voting eligibility. 93. consequently both in international law ..... recalls that this provision guarantees individual rights, including the right to vote and to stand for election. however, these rights are not absolute but rather subject to limitations, such as citizenship " citing hirst v united kingdom (no 2) (2006) 42 ehrr 41. 88. the guidelines on elections of the venice commission (referred to above, para 68) said, .....

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May 18 2009 (FN)

Atandt; Corp. Vs. Hulteen

Court : US Supreme Court

Decided on : May-18-2009

..... (1977); law, rethinking sex and the constitution, 132 u. pa. l. rev. 955, 983 984, and nn. 107 109 (1984); roelofs, sex discrimination and insurance planning: the rights of ..... at the time, but such a situation is not presented here. footnote 5 although certain circuit courts had previously concluded that treating pregnancy leave less favorably than other disability leave constituted sex discrimination under title vii, this court in gilbert clearly rejected that conclusion, 429 u. s., at 147 (brennan, j., dissenting); see also id. , at 162 (stevens, j., dissenting). gilbert ..... ninth circuit s decision directly conflicts with the holdings of the sixth and seventh circuits that reliance on a pre-pda differential accrual rule to determine pension benefits does not constitute a current violation of title vii. see ameritech benefit plan comm . v. communication workers of am. , 220 f. 3d 814 (ca7 2000) (finding no actionable title vii violation given ..... its forerunner, geduldig v. aiello , see, e.g ., bartlett, pregnancy and the constitution: the uniqueness trap, 62 calif. l. rev. 1532, 1551 1566 (1974); eskridge, america s statutory constitution, 41 u. c. d. l. rev. 1, 39 40, and n. 175 (2007); karst, the supreme court 1976 term foreword: equal citizenship under the fourteenth amendment, 91 harv. l. rev. 1, 54, n. 304 .....

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Feb 12 2009 (SC)

U.P. State Road Transport Corporation Vs. Assistant Comnr. of Police ( ...

Court : Supreme Court of India

Decided on : Feb-12-2009

Reported in : 2009(2)AWC1492(SC); (2009)3SCC634; 2009(2)LC870(SC):2009AIRSCW21472009(4)LHSC2198:2009(2)Scale526:2009(4)KCCRSN183

..... as writ petition (civil) no. 13029 of 1985. this court in exercise of its power under article 32 read with article 142 of the constitution of india issued the following directions by an order dated 20.11.1997:(a) no heavy and medium transport vehicles, and light goods vehicles being four wheelers ..... in a position to agree with the submission of mr. qadri that this court may not exercise its discretionary jurisdiction under article 136 of the constitution of india. it is really a matter of some surprise to us that such a contention has been raised by a state against a state. by reason ..... custody of the vehicle.16. the directions issued by this court in exercise of its jurisdiction under article 32 read with article 142 of the constitution of india must be held to be in addition to the conditions contained in the permit and/or the provisions of the act.17. regulation of ..... reasonable cause, to use the vehicle for the purposes for which the permit was granted, or(f) if the holder of the permit acquires the citizenship of any foreign country: provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to ..... vehicle is used. the power to control road transport corporation is vested in the state under section 67 of the act. section 68 provides for constitution of transport authorities. section 71 provides for the procedure of regional transport authority in the matter of considering application for stage carriage permit. section 72, .....

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Nov 11 2009 (SC)

University of Kerala Vs. Council, Principals', Colleges, Kerala and Or ...

Court : Supreme Court of India

Decided on : Nov-11-2009

Reported in : JT2009(14)SC283; 2009(14)SCALE14

..... of some senior counsel as amicus curiae.30. let the papers of this case be placed before hon'ble the chief justice of india for constituting preferably a constitution bench at an early date for deciding the questions stated by us above.asok kumar ganguly, j.1. i agree with my learned ..... .17. the learned chief justice made a categorical finding at para 47 (page 42) that the rigid separation of powers as under american constitution or australian constitution does not apply to our country.18. in indira nehru gandhi [supra] the view of chief justice ray was affirmed by justice chandrachud ..... such activities. hence, this court by order dated 12th december, 2005 directed appointment of a committee and accordingly a committee was constituted by the ministry of human resources and development, union of india. the members of the committee were:1. mr. j.m. lyngdoh, retd. chief election commissioner(chairman).2. dr. ..... is pointed at page 83 that:these measures must be commended as a significant attempt to adapt the court to the needs of the unempowered citizenship, but whilst this may be the best of all possible alternatives it remains a far from ideal solution. though the court is able to ..... has no power over sword or the purse nonetheless it has power to ensure that the aforesaid two main organs of state function within the constitutional limits. it is the sentinel of democracy. judicial review is a powerful weapon to restrain unconstitutional exercise of power by the legislature and executive .....

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Aug 24 2009 (SC)

Consumer Education and Research Society Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Aug-24-2009

Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292

..... clauses as (ad) after clause (ac) of section 3 of the principal act:(ad) the office of the chairperson of the national advisory council constituted by the government of india in the cabinet secretariat vide order no. 631/2/1/2004-cab, dated the 31st may, 2004;' section 2 of amendment act also inserted after ..... not entitled to continue as a member of the rajya sabha in view of article 102(1)(a) of the constitution. a presidential order was passed under article 103(1) of the constitution of india by which the said member of the rajya sabha was disqualified from being a member of the rajya sabha on the ..... on 25th may, 2006. the president returned the bill on 30th may, 2006 to the parliament for reconsideration under article 111 of the constitution of india. the bill was passed again by both the houses without amendment and presented to the president for assent and the said assent was given on ..... 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 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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Nov 17 2009 (SC)

Dr. V. Ravi Chandran Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-17-2009

Reported in : 2009(14)SCALE27; 2009(10)LC5099(SC)

..... learned senior counsel for respondent no. 6 sought to raise an objection regarding the maintainability of habeas corpus petition under article 32 of the constitution before this court but we are not persuaded to accept the same. suffice it to say that in the peculiar facts and circumstances of ..... the family. the respondent appears to be in the habit of taking excessive alcohol. though it is true that both the children have american citizenship and there is a possibility that in u.s.a they may be able to get better education, it is doubtful if the respondent ..... for travel with the child within the continental united states or abroad; .............................................. 6. on june 28, 2007 respondent no.6 brought minor adithya to india informing the petitioner that she would be residing with her parents in chennai. on august 08, 2007, the petitioner filed the petition for modification (custody ..... until the commencement of school. thereafter the father shall continue to have custodial time until such time as the mother either a) returns from india and/or begins her alternating weekly schedule as set froth herein, or b) moves within 40 miles of the father's residence in allen ..... since the notice was issued by this court. in pursuance of the order dated august 28, 2009, cbi issued look out notices on all india basis through heads of police of states, union territories and metropolitan cities and also alert notices through deputy director, bureau of immigration (immigration), ministry .....

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Mar 09 2009 (FN)

Vaden Vs. Discover Bank

Court : US Supreme Court

Decided on : Mar-09-2009

..... federal deposit insurance act (fdia), 12 u. s. c. 1831d(a). section 27(a) prescribes the interest rates state-chartered, federally insured banks like discover can charge, notwithstanding any state constitution or statute which is hereby preempted. this provision, discover maintained, was completely preemptive, i.e. , it superseded otherwise applicable maryland law, and placed vaden s counterclaims under the exclusive governance ..... consistent with this opinion. it is so ordered. footnote 1 discover apparently had no access to a federal forum for its suit against vaden on the basis of diversity-of-citizenship jurisdiction. under that head of federal-court jurisdiction, the amount in controversy must excee[d] $75,000. 28 u. s. c. 1332(a). footnote 2 vaden s preference for ..... would permit a federal court to entertain a 4 petition only when a federal-question suit is already before the court, when the parties satisfy the requirements for diversity-of-citizenship jurisdiction, or when the dispute over arbitrability involves a maritime contract. see, e.g. , westmoreland , 100 f. 3d, at 268 269; 1 macneil, pp. 9: ..... would permit a federal court to entertain a 4 petition only when a federal-question suit is already before the court, when the parties satisfy the requirements for diversity-of-citizenship jurisdiction, or when the dispute over arbitrability involves a maritime contract, yet would not accommodate a 4 petitioner who could file a federal-question suit in, or remove such a .....

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Jun 15 2009 (FN)

Polar Tankers, Inc. Vs. City of Valdez

Court : US Supreme Court

Decided on : Jun-15-2009

..... preferential treatment, when the clause only protects vessels from discrimination. ante , at 6. but the clause says nothing about discrimination, and it should hardly come as a surprise that a constitutional ban on tonnage duties would give preferential treatment to vessels. such protection reflects the high value the framers placed on the free flow of maritime commerce. see state tonnage tax ..... plurality assumes. whether the oil-production tax and the challenged tax are levied by the same unit of government has no relevance to the question whether the latter violates the constitution. the restriction imposed by the tonnage clause is a command to the states limiting their inherent taxing authority as sovereigns. the states political subdivisions have no such inherent power and ..... must show that the ship has sufficient contacts with the jurisdiction to establish a tax situs there. in our earlier cases, the existence of the situs was determined by the citizenship of the ship s owner, see wheeling , 99 u. s., at 279; state tonnage tax cases , 12 wall., at 213, but a tax situs can also be created by a ..... challenging the tax as unconstitutional. polar tankers argued that the tax effectively imposed a fee on certain vessels for the privilege of entering the port; hence it amounted to a constitutionally forbidden duty of tonnage. it also argued that the tax calculation method (as applied to vessels with a tax situs elsewhere) violated the commerce and due process clauses by failing .....

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Mar 03 2009 (FN)

Negusie Vs. Holder

Court : US Supreme Court

Decided on : Mar-03-2009

..... the nature of the question at issue ). footnote 3 the administrative procedure act draws a similar distinction in providing that courts shall decide all relevant questions of law [and] interpret constitutional and statutory provisions but shall review agency action, findings, and conclusions under the arbitrary and capricious/abuse of discretion standard. 5 u. s. c. 706. footnote 4 justice ..... assist the nazis in the persecution of other prisoners. in my view, this construction was insupportable the dpa s exclusion of persons who assisted the enemy in persecuting civil populations, constitution of the international refugee organization, annex i, part ii, 2 (a) , 62 stat. 3051, did not extend to concentration camp prisoners who did so involuntarily. these prisoners ..... . . . is not a relevant factor. ibid . the second decision, matter of fedorenko , also dealt with 1182(a)(3)(e)(i), and it involved the same alien whose citizenship was revoked by this court s fedorenko decision. this time the agency sought to deport him. fedorenko responded by requesting suspension of deportation. he argued that, unlike the dpa s ..... was an aggressive person who mistreated the prisoners, . . . the very fact that he helped [the government] in the prison compound where he had reason to know that they were persecuted constitutes assisting in the persecution of others and bars [petitioner] from obtaining asylum or withholding of removal. app. to pet. for cert. 16a 17a (citing, inter alia , fedorenko , supra .....

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