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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: us supreme court Year: 1991 Page 1 of about 13 results (0.049 seconds)

Jul 24 1991 (SC)

Louis De Raedt and ors. Vs. Union of India and Others

Court : Supreme Court of India

Decided on : Jul-24-1991

Reported in : AIR1991SC1886; 1991(2)BLJR1187; JT1991(3)SC306; 1991(2)SCALE127; (1991)3SCC554; [1991]3SCR149

..... main ground urged by the learned counsel is based on article 5 of the constitution, which reads as follows:5. citizenship at the commencement of the constitution -at the commencement of this constitution every person who has his domicile in the territory of india and(a) who was born in the territory of india, or(b) either of whose parents was born in the territory of ..... directs that if any question arises as to whether, when or how any person has acquired the citizenship of another country, he shall be determined by the prescribed authority. mohd. ayub khan was a citizen of this country at the commencement of the constitution of india and was asked to leave the country for the reason that he had obtained a pakistani passport ..... more than five years immediately preceding the commencement of the constitution, he must be held to have duly acquired indian citizenship.5. one of the necessary conditions mentioned in article 5 of the constitution is that the person concerned must be having his domicile in the territory of india at the commencement of the constitution. the question is as to whether the petitioner fulfils ..... in this country for more than a decade before the commencement of the constitution, he must be deemed to have acquired his domicile in this country and consequently the indian citizenship. although it is impossible to lay down an absolute definition of domicile, as was stated in central bank of india v. ram narain : 1955crilj152 it is fully established that an intention .....

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Dec 06 1991 (SC)

St. Stephen Vs. the University of Delhi Etc., Etc.

Court : Supreme Court of India

Decided on : Dec-06-1991

Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121

..... persons who took part in establishing the school in 1854 were 'indian citizens'. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settle in india and the local christian residents of bhagalpur did not form a minority community. it is true that the minority competent ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30(1) of the ..... article 30 may be availed of only in respect of an institution established before the constitution by persons born and resident in british india. xxxx xxxx xxxxarticle 30 guarantees the right of minorities to establish and administer educational institutions: the article does not expressly refer to citizenship as a qualification for the members of the minorities.and later (at 180):we ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well-defined religious or .....

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Jun 20 1991 (FN)

Gregory Vs. Ashcroft

Court : US Supreme Court

Decided on : Jun-20-1991

..... of the people of the states to determine the qualifications of their government officials is, of course, not without limit. other constitutional provisions, most notably the fourteenth amendment, proscribe certain qualifications; our review of citizenship requirements under the political function exception is less exacting, but it is not absent. page 501 u. s. 464 here, ..... s. 467 -470. section 5 provides that "[t]he congress shall have power to enforce, by appropriate legislation, the provisions of this article." despite that sweeping constitutional delegation of authority to congress, the majority holds that its plain statement rule will apply with full force to legislation enacted to enforce the fourteenth amendment. the majority ..... the states possess sovereignty concurrent with that of the federal government, subject only to limitations imposed by the supremacy clause." over a hundred years ago, the court described the constitutional scheme of dual sovereigns: "'[t]he people of each state compose a state, having its own government, and endowed with all the functions essential to separate and independent existence ..... validity of the mandatory retirement provision. the judges alleged that the provision violated both the adea and the equal protection clause of the fourteenth amendment to the united states constitution. the governor filed a motion to dismiss. the district court granted the motion, holding that missouri's appointed judges are not protected by the adea, because they are .....

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Oct 16 1991 (FN)

Wooddell Vs. Electrical Workers

Court : US Supreme Court

Decided on : Oct-16-1991

..... and a labor organization. individual union members, who are often the beneficiaries of provisions of collectivebargaining agreements, may bring suit on these contracts under 301. likewise, union constitutions are an important form of contract between labor organizations. members of a collective-bargaining unit are often the beneficiaries of such interunion contracts, and when they are, they ..... contracts; more specifically, he alleged that he had been discriminated against in hiring-hall job referrals, contrary to the applicable collective-bargaining agreements and contrary to the ibew constitution. nevertheless, respondents submit that 301 jurisdiction reaches only suits by the parties to the interunion contract; third-party suits seeking to enforce a violation of the contract ..... organizations, may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties." 29 u. s. c. 185(a). 96 the local and its officers in the united states district court. petitioner's complaint alleged violation ..... referrals in the operation of a hiring hall provided for in the local's collective-bargaining contracts with electrical contractors. he also contended that such conduct constituted violations of the ibew constitution and the local's bylaws, which were allegedly breaches of contract redressable under 301 of the labormanagement relations act, 1947 (lmra). among other things, .....

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Nov 13 1991 (FN)

iNS Vs. National Center for Immigrants' Rights, Inc.

Court : US Supreme Court

Decided on : Nov-13-1991

..... the limited purpose of ensuring the presence of aliens at their deportation hearings. moreover, the contested regulation, when properly construed as applicable only to unauthorized employment, does not raise "constitutional doubts" and therefore does not militate in favor of a narrow construction of the organic statute. in short, the court of appeals' reliance on witkovich was misplaced. the majority ..... lawfully accept employment in this country. in addition, the operating instructions issued to ins personnel in connection with this regulation expressly state that individuals maintaining a colorable claim of citizenship shall not be subject to the no-work condition, see n. 5, supra, and the ins has stated that "[a]liens who have applied for asylum will not ..... applying this condition to a permanent resident alien in exclusion or deportation proceedings." 48 fed. reg. 51143 (1983). 5 "individuals maintaining a colorable claim to u. s. citizenship and permanent resident aliens, authorized to work in the united states under 8 cfr 109.1(a)(1), shall not be subject to this general prohibition until such time as ..... made "no-employment conditions" the rule rather than the exception. several individuals and organizations (respondents) filed this action challenging the validity of the new rule on statutory and constitutional grounds. their complaint alleged that the new rule was invalid on its face and therefore could not be enforced even against aliens who may not lawfully accept employment in .....

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Mar 12 1991 (SC)

Maharashtra State Board of Secondary and Higher Secondary Education Vs ...

Court : Supreme Court of India

Decided on : Mar-12-1991

Reported in : JT1991(2)SC296; 1991(1)SCALE187; (1991)2SCC716; [1991]1SCR773

..... it may not be like a judgment. but the reasons may be precise. in s.n. mukherjee v. union of india j.t. 1990 (3) sc 630 the constitution bench of this court surveyed the entire case law in this regard, and we need not burden the judgment to reiterate ..... joint director of hyderabad air 1936 (a.p.) 204 one of us (k. ramaswamy, j.) held that education lays foundation of good citizenship and a principal instrument to awaken the child to intellectual and cultural pursuits and values in preparing the child for latter professional training and help him ..... appearing at the examinations conducted under the authority of the state board.under regulations 14 the standing committee of the divisional board was to be constituted under sub-regulation (1) thereto. sub-regulation (2) provides:subject to the provisions of the act and the regulations, the standing committee ..... and without prejudice to the generality of the foregoing power, such regulations may provide tor all or any of the following matters, namely:(a) the constitution, powers and duties of the committees, appointed under section 23; (f) the arrangement for the conduct of final examinations by the divisional boards and ..... enquiry officers submitted their reports holding that the moderators mark-sheets have been fabricated and submitted the reports to the board. the standing committee constituted in this regard considered the records and the reports on august 29, 1990, discussed pros and cons and expressed certain doubts about the possibility .....

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Aug 14 1991 (SC)

Laxmikant Pandey Vs. Union of India and Others

Court : Supreme Court of India

Decided on : Aug-14-1991

Reported in : AIR1992SC118; (1992)94BOMLR849; 1991(3)Crimes315(SC); JT1991(3)SC582; 1991(2)SCALE321; (1991)4SCC33; [1991]3SCR568; 1991(2)LC549(SC)

..... increase annually to enable the agencies to maintain high standards of care for the children; (e) the indian children adopted abroad or to be allowed to retain their citizenship/nationality till they attain the age of majority wherever they should exercise their option one way or the other; (f)(i) the central government should be directed to ..... longer. 9. we are inclined to keep the handicapped children out of the purview of the judgment of this court. we do not, however, agree that indian citizenship should continue until the adopted child attains the age of majority and is legally competent to opt. such a step would run counter to the need of quick ..... force for about five years. yet most of the provisions in the two statutes are still to be worked out in a real way. 7. the union of india has set up a department of women and child development and most of the states and union territories have corresponding departments, yet full coordination has not been achieved. ..... of the clear statement in the affidavit we must hold that it is not the policy of the government of india to require the agency to satisfy the condition of any quota. in fact the government of india's circular letter is intended to emphasise on the feature that registered societies to entitle themselves for renewal of registration ..... order1. in laxmikant pandey v. union of india : [1984]2scr795 this court laid down the procedure to be followed in adoption of children by foreigners. the court observed the fact that children are .....

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Apr 01 1991 (FN)

Powers Vs. Ohio

Court : US Supreme Court

Decided on : Apr-01-1991

..... the prosecution's peremptory challenges. the court of appeals affirmed the conviction, and the supreme court of ohio dismissed powers' appeal on the ground that it presented no substantial constitutional question. petitioner sought review before us, renewing his sixth amendment fair cross-section and fourteenth amendment equal protection claims. while the petition for certiorari was pending, we decided ..... challenges. when a particular group has been singled out in this fashion, its members have been treated differently, and have suffered the deprivation of a right and responsibility of citizenship. but when that group, like all others, has been made subject to peremptory challenge on the basis of its group characteristic, its members have been treated not differently, ..... have recognized to convey third-party standing in our prior cases. see, e.g., griswold v. connecticut, supra, (planned parenthood official and a licensed physician can raise the constitutional rights of contraceptive users with whom they had professional relationships); craig, supra, (licensed beer vendor has standing to raise the equal protection claim of a male customer challenging a ..... joined, post, p. 499 u. s. 417 . page 499 u. s. 402 justice kennedy delivered the opinion of the court. jury service is an exercise of responsible citizenship by all members of the community, including those who otherwise might not have the opportunity to contribute to our civic life. congress recognized this over a century ago in the .....

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Jun 27 1991 (FN)

HarmelIn Vs. Michigan

Court : US Supreme Court

Decided on : Jun-27-1991

..... it was altogether discretionary in the legislature to extend that punishment to other offences." barker v people, supra at *459. throughout the 19th century, state courts interpreting state constitutional provisions with identical or more expansive wording ( i.e., "cruel or unusual") concluded that these provisions did not proscribe disproportionality, but only certain modes of punishment. for ..... which less severe punishments were imposed. in trop, 356 u.s. at 356 u. s. 102 -103, the court surveyed international law before determining that forfeiture of citizenship as a punishment for wartime desertion violated the eighth amendment. in coker v. georgia, supra, we sought "guidance in history and from the objective evidence of the ..... the punishment really is "disproportionate," even as they disagree regarding the punishment for possession of cocaine today. as justice frankfurter reminded us, "[t]he process of constitutional adjudication does not thrive on conjuring up horrible possibilities that never happen in the real world and devising doctrines sufficiently comprehensive in detail to cover the remotest contingency." ..... shortly after this congress proposed the bill of rights, it promulgated the nation's first penal code. see 1 stat. 112-119 (1790). as the then-extant new hampshire constitution's proportionality provision didactically observed, "[n]o wise legislature" -- that is, no legislature attuned to the principle of proportionality -- "will afix the same punishment to the .....

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May 23 1991 (FN)

Siegert Vs. Gilley

Court : US Supreme Court

Decided on : May-23-1991

..... stigmatizing letters in circumstances that would severely impair or effectively foreclose a government employee from obtaining similar government employment in the future would deprive the individual of a constitutionally protected liberty interest. yet that is precisely what siegert alleges gilley did. [ footnote 6 ] c finally, there remains the primary question on which we granted ..... the majority today decides a question on which we did not grant certiorari. moreover, in deciding that petitioner siegert failed to allege a violation of a clearly established constitutional right, the majority completely mischaracterizes the nature of siegert's claim. siegert alleged significantly more than mere "damage [to] reputation" and "future employment prospects." ante at ..... a claim for defamation in this case, but made no allegations as to diversity of citizenship between himself and respondent. the court of appeals assumed, without deciding, that, if petitioner satisfactorily alleged that respondent's letter was written with malice, a constitutional claim would be stated. siegert, in this court, asserts that this assumption was correct ..... case be dismissed. although assuming that bad-faith motivation would suffice to make gilley's actions in writing the letter a violation of siegert's clearly established constitutional rights, the court held that siegert's particular allegations were insufficient under its "heightened pleading standard" to overcome gilley's qualified immunity claim. held: the .....

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