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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: supreme court of india Year: 2013 Page 1 of about 13 results (0.077 seconds)

Dec 11 2013 (SC)

Suresh Kumar Koushal and anr. Vs. Naz Foundation and ors.

Court : Supreme Court of India

Decided on : Dec-11-2013

..... expecting mothers. there is no doubt that a woman's right to make reproductive choices is also a dimension of 'personal liberty' as understood under article 21 of the constitution of india. it is important to recognise that reproductive choices can be exercised to procreate as well as to abstain from procreating. the crucial consideration is that a woman's right to ..... observed: in absence of such factual foundation having been pleaded, we are of the opinion that no case has been made out for declaring the said provision ultra vires the constitution of india. 40. the writ petition filed by respondent no.1 was singularly laconic inasmuch as except giving brief detail of the work being done by it for hiv prevention targeting ..... repealed act is inconsistent with section 14 of the 2003 act, the same would be arbitrary by reason of being discriminatory in nature and ultra vires article 14 of the constitution of india on the premise that charging section provides for levy of tax on sale and consumption of electrical energy, while the exemption provision purports to give power to exempt tax ..... treatment at the hands of the law enforcement machinery. the government of india estimates the msm number at around 25 lacs. the number of lesbians and transgender is said to be several lacs as well. this vast majority (borrowing the language of the south african constitutional court) is denied moral full citizenship . section 377 ipc grossly violates their right to privacy and liberty .....

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Jun 17 2013 (FN)

Arizona Vs. Inter Tribal Council of Ariz., Inc.

Court : US Supreme Court

Decided on : Jun-17-2013

..... do under article 1, 2. it matters not whether the united states has specified one way in which it believes arizona might be able to verify citizenship; arizona has the independent constitutional authority to verify citizenship in the way it deems necessary. see in part ii a 2, supra. by requiring arizona to register people who have not demonstrated to arizona s ..... of the statutorily required quorum, is incapable of taking. if the answer to that is no, arizona might then be in a position to assert a constitutional right to demand concrete evidence of citizenship apart from the federal form. 11 the eac recently approved a state-specific instruction for louisiana requiring applicants who lack a louisiana driver s license, id card ..... the application ). iii arizona contends, however, that its construction of the phrase accept and use is necessary to avoid a conflict between the nvra and arizona s constitutional authority to establish qualifications (such as citizenship) for voting. arizona is correct that the elections clause empowers congress to regulate how federal elections are held, but not who may vote in them. the ..... registration application. i a in light of the states authority under the elections clause of the constitution, art. i, 4, cl. 1, i would begin by applying a presumption against pre-emption of the arizona law requiring voter registration applicants to submit proof of citizenship. under the elections clause, the states have the authority to specify the times, places, and .....

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Jul 10 2013 (SC)

Lily Thomas Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Jul-10-2013

..... place of worship) of the places of worship (special provisions) act, 1991]., [or]. [(k) section 2 (offence of insulting the indian national flag or the constitution of india) or section 3 (offence of preventing singing of national anthem) of the prevention of insults to national honour act, 1971 (69 of 1971), [or]. [(l ..... residuary matters (other than matters enumerated in list ii and list iii) parliament will have power to make law. to quote from commentary on the constitution of india by durga das basu (8th edition) volume 8 at page 8988: in short, the principle underlying article 248, read with entry 97 of list ..... 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 ..... 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 ..... 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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Apr 29 2013 (FN)

Mcburney Vs. Young

Court : US Supreme Court

Decided on : Apr-29-2013

..... access public information on equal terms with commonwealth citizens is rejected because the right to access public information is not a fundamental privilege or immunity of citizenship. the court has repeatedly stated that the constitution does not guarantee the existence of foia laws. see, e.g., los angeles police dept. v. united reporting publishing corp., 528 u. s ..... - tion act does not regulate commerce in any meaningful sense, but instead provides a service that is related to state citizenship. for these reasons, we affirm the decision of the court of appeals rejecting petitioners constitutional claims. i petitioners mark j. mcburney and roger w. hurlbert are citizens of rhode island and california respectively. mcburney ..... and hurlbert each requested documents under the virginia foia, but their requests were denied because of their citizenship. mcburney is a former resident of virginia whose ex ..... not violate the dormant commerce clause. *??*??* because virginia s citizens-only foia provision neither abridges any of petitioners fundamental privileges and immunities nor impermissibly regulates commerce, petitioners constitutional claims fail. the judgment below is affirmed. it is so ordered. notes 1 at oral argument, the solicitor general of virginia contended that, as a matter of .....

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Oct 16 2013 (FN)

R (on the Application of Chester) and Another Vs. Secretary of State f ...

Court : UK Supreme Court

Decided on : Oct-16-2013

..... a "general, automatic and indiscriminate restriction on a vitally important convention right" which fell "outside any acceptable margin of appreciation" and was incompatible with a3p1 (para 82). 21. a powerfully constituted minority of the grand chamber (including its president and future president) dissented. it took as its test whether the restrictions on prisoner voting "impair the very essence of the right ..... democracy, the franchise will be determined by domestic laws which will define those entitled to vote in more or less inclusive terms. the right to vote may be based on citizenship or residence, or a combination of the two. there will invariably be a minimum voting age and may be other conditions of eligibility, such as mental capacity. in the united ..... responsibility and respect for democratic institutions? if so, it could well be argued that this is more likely to be achieved by retaining the vote, as a badge of continuing citizenship, to encourage civic responsibility and reintegration in civil society in due course. this is indeed, as laws lj observed in the court of appeal, a matter on which thoughtful people ..... of the voting system." 13. voting in european parliamentary and municipal elections is dealt with more specifically by articles 20 and 22 tfeu in a part headed "non-discrimination and citizenship of the union": "20.1. citizenship of the union is hereby established. every person holding the nationality of a member state shall be a citizen of the union .....

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Jul 15 2013 (SC)

Sondur Gopal Vs. Sondur Rajini

Court : Supreme Court of India

Decided on : Jul-15-2013

..... territorial operation cannot directly be enforced in another state but such a law is not invalid and saved by article 245 (2) of the constitution of india. article 245(2) provides that no law made by parliament shall be deemed to be invalid on the ground that it would have extra- ..... family court and filed an interim application questioning the maintainability of the petition itself. according to the husband, they were original citizens of india but have acquired citizenship of sweden in the year 1996-1999 and as citizens of sweden domiciled in australia . according to the husband, the wife along with ..... cannot be termed for a long period. admittedly, the husband or for that matter, the wife and the children have not acquired the australian citizenship. in the absence thereof, it is difficult to accept that they intended to reside permanently in australia. the claim that the husband desired to ..... domicile of his choice.16. even if it is assumed that the respondent had abandoned his domicile of origin and acquired domicile of sweden alongwith citizenship in 1997, on his own showing the respondent abandoned the domicile of sweden when he shifted to sydney, australia. therefore, keeping the case made ..... sweden. she is a down syndrome child. the couple purchased a house in stockholm, sweden in december, 1993. thereafter, the couple applied for swedish citizenship which was granted to them in 1997. in june, 1997, the couple moved to mumbai as, according to the wife, the employer of the husband .....

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May 03 2013 (SC)

Ankush Shivaji Gaikwad Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : May-03-2013

..... citizen, inter alia to have compassion for living creatures and to develop humanism. if emphatically interpreted and imaginatively expanded these provisions can form the constitutional underpinnings for victimology. 9.2 however, in india the criminal law provides compensation to the victims and their dependants only in a limited manner. section 357 of the code of criminal procedure incorporates this ..... victims of crime. the needs of victims and their family are extensive and varied. xx xx xx xx xx 9.1 the principles of victimology has foundations in indian constitutional jurisprudence. the provision on fundamental rights (part iii) and directive principles of state policy (part iv) form the bulwark for a new social order in which social ..... the court, recoverable by such person in a civil court. the significance of the requirement that compensation should be recoverable in a civil court is that the act which constitutes the offence in question should also be a tort. the word substantial appears to have been used to exclude cases where only nominal damages would be recoverable. ..... shall be provided to reestablish the situation that existed prior to the violations of human rights or international humanitarian law. restitution requires inter alia, restoration of liberty, family life citizenship, return to one's place of residence, and restoration of employment or property. 13. compensation shall be provided for any economically assessable damage resulting from violations of human .....

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Jul 16 2013 (SC)

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

Decided on : Jul-16-2013

..... under section 33b. such an establishment would merely lose the licence. such blatant discrimination cannot possibly be justified on the criteria of reasonable classification under article 14 of the constitution of india. mr. subramaniam had placed strong reliance on the observations made by the court in the state of uttar pradesh vs. kaushailiya & ors. (supra), wherein it was ..... classes. any classification made on the basis of such invidious presumption is liable to be struck down being wholly unconstitutional and particularly contrary to article 14 of the constitution of india. is the impugned legislation ultra vires article 19(1)(g) 109. it was submitted by the learned counsel for the appellants that by prohibiting dancing under section ..... to take entries of names of the girls dancing in the bar every day. similarly, holders of the establishment should gather information such a name, address, photograph and citizenship and other necessary information of the dance girls. holder of the establishment should be made responsible to verify the information furnished by the dance girls. also above conditions ..... going near the dancers or showering money . e. names of dancers are to be registered with the establishment, a record kept of their employment, including details of identity/citizenship and place of residence.6. this letter instructed all judicial magistrates and police commissioners to implement these recommendations with immediate effect.7. on 6th august, 2004 the chairperson of .....

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Dec 10 2013 (SC)

Abhay Singh Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Decided on : Dec-10-2013

..... colours including red lights, insignia, and convoys/escorts by public servants and persons, who hold public offices under the states or the union of india, is contrary to constitutional ethos and the basic feature of republicanism enshrined in the constitution. notice of the special leave petitions was issued on 25.8.2010. after an adjournment, the court passed detailed order dated 14.10 ..... assurance and ask them not to give way to panic or despair but to live with faith and courage in peace with their neighbours and fulfil the duties of loyal citizenship and thus win their rightful place. we send our greetings to the new dominion which is being established today there and wish it the best luck in its great work ..... should be left to the central and the state governments to specify the high dignitaries . according to the learned solicitor general, the vehicles carrying certain dignitaries and category of officials constitute a class by themselves and no illegality has been committed by the state governments by allowing use of red lights on the vehicles carrying a large number of public representatives ..... shri harish n. salve, learned senior counsel for the petitioner submitted that dehors the facts of the case, the court should examine important issues affecting an important facet of the constitutional democracy i.e. whether the country should have two categories of citizens, of which one enjoys all sorts of privileges including unwanted security at public expense and is also allowed .....

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Jul 03 2013 (SC)

Maharshi Mahesh Jogi V.Vishwavidyalaya Vs. State of M.P. and ors.

Court : Supreme Court of India

Decided on : Jul-03-2013

..... of the statement of objects and reasons of the university grants commission act, 1956 (for short the ugc act ) is illustrative and consequently it is being reproduced below: the constitution of india vests parliament with exclusive authority in regard to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions . it is obvious that neither ..... we wish to rely on the decision rendered by this court in prof. yashpal and another (supra), wherein, it has been held in paragraph 17 as under: 17. in constitutional law of india by seervai, the learned author has said in para 2.12 (3rd edn.) that the golden rule of interpretation is that words should be read in their ordinary, natural ..... , social integration and to eliminate social evils.this court by rightly and harmoniously construing the provision of part iii and iv of the constitution has made right to education a basic fundamental right.33. the government of india by constitutional (86th amendment act) act, 2002 had added a new article 21a, which provides that ".the state shall provide free and compulsory education ..... by the us supreme court first, in the case of brown v board of education 347 u.s. 483(1954), in following words: ".it is the very foundation of good citizenship. today, it is principal instrument in awakening the child to cultural value, in preparing him for later professional training and in helping him to adjust normally to his environment. hence .....

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