Court : Madhya Pradesh
Reported in : AIR1959MP387; 1959CriLJ1337
..... the meaning of the foreigners' act; (ii) whether the respondents had proved that they had not migrated to pakistan; and (iij) whether the district superintendent of police as civil authority constituted under the foreigners order 1948, was competent to pass the order in disobedience to which the respondents have been prosecuted,30. on the first question, the argument of shri malgawa ..... therefore clear that an order under section 3(2)(c) of the foreigners act, 1946, can be issued by the central government.17. article 258 of the constitution provides:'(1) notwithstanding anything in this constitution, the president may, with the consent of the government of a state, entrust either conditionally or unconditionally !o that government or to its officers functions in ..... the relevant dates when the orders against the respondents were passed, meant 'a person who, under the citizenship 07 nationality law for the time being in force in india, was a citizen or national of india'. (see section 2(b) ofthe citizenship act, 1955. pakistan is included in the first schedule.) therefore, there is no manner of doubt that on the day that ..... the foreigners order, 1948, which provides for making an order that a foreigner shall not remain in india. such an order could be passed only by the central government or by the state government. that power could not be delegated to the civil authority constituted under the foreigners order, 1948.it bears repetition that the foreigners order, 1948, does not empower .....Tag this Judgment!
Court : Orissa
Reported in : 87(1999)CLT533; 1999(I)OLR448
..... ceding a part of their sovereignty to the federal state. it has undoubtedly certain federal features but it is still not a federal state and it has only one citizenship, namely, the citizenship of india. it has also one single unified legal system which extends throughout the country. it is not possible to say that a distinct and separate system of law prevails ..... knowledge in oriya. the impugned order of the collector does not indicate anything adverse about the fact of the petitioner permanently staying at dipupara in jharsuguda town. there is neither constitutional nor legal sanction to refuse a person a certificate for his permanent residence at a particular place. language, religion and caste of one person have no nexus with one's ..... in the country where the individual resides.in para-8 of the judgment the court held as follows :'now it is clear on a reading of the constitution that it recognises only one domicile, namely, domicile in india. article 5 of the constitution is clear and explicit on this point and it refers only to one domicile, namely, 'domicile in the territory of ..... permanent place of stay. rather such considerations are against the mandate of articles 15 and 16 of the constitution as held by the apex court in the case of dr. pradeep jain and ors. v. the union of india, air 1984 sc 1421. a reading of the judgment would show as to what was stated by the court with .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1966P& H417
..... for the enforcement of a fundamental right under article 19 of the constitution. he has placed reliance on a supreme court authority of state trading corporation of india ltd. v. commercial tax officer, air 1963 sc 1811, where it was held that citizenship act includes only natural persons and not juristic persons like corporations and ..... laws envisaged in section 28 of the railways act, it may be mentioned in passing that this provision of law was in force long before the constitution of india was enacted. reference may also be made to sub-clause (v) of clause 742 which says that 'the sale of obscene books and pictures ..... provisions of section 28 of the railways act of 1890 and in violation of the right of equal protection enshrined in article 14 of the constitution of india. it is also the case of the petitioner that the respondent railway board is not competent to declare any publication obscene. to so declare ..... pleaded that the petitioner being a limited company cannot invoke the aid of article 14 of the constitution and further that the petitioner is not competent to bring these proceedings without impleading the union of india against the railway board which is not a legal entity. on merits, it has been contended that ..... .s. dulat, actj. c.j.1. this petition of messrs. observer publications (p) limited, under article 226 of the constitution of india seeks to question the validity of the ban imposed by the respondent, railway board (ministry of railways), on the news-weekly called .....Tag this Judgment!
Court : Delhi
Reported in : AIR1980Delhi20
..... either house of parliament and mentions various eventualities. sub-clause (d) of clause (1) of the article contemplates an eventuality 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. clause (c) provides that if he is so disqualified by or ..... civically militant electorate. in a democratic society like ours, relief must come through an aroused popular conscience that scars the conscience of the people's representatives(5) framers of the constitution also recognised this limitation. thus when dr. ambedkar was asked to introduce a disqualification against a convicted person being appointed a minister of state he disagreed on the ground that ..... . lekhi's case that respondent no. 2 is disqualified under any provision of the said act. the sole argument of mr. lekhi on which he seeks a declaration about the constitutional ineligibility .of respondent no. 2 to remain a minister is on the ground of the alleged disqualification mentioned in article 102(1)(d) i.e. under any acknowledgment of allegiance ..... written. the question however still remains whether these letters result in malring respondent no. 3 ineligible to remain a member of the council of ministers.(3) article 74 of the constitution provides for a council of ministers to aid and advise the president. article 75(1) provides for the appointment of ministers on the advice of the prime minister. no qualification .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1958Cal565,62CWN729
..... supreme court in, state of bihar v. kumaramar singh, (s) : 1scr1259 (a), that article 7of the constitution clearly overrides article 5 and that even the wife of an indian citizen, who migrated to pakistan after 1-3-47, will lose her indian citizenship. that being so, the question is whether the steps taken against the petitioner under the foreigners' act 1946 ..... the nineteenth day of july, 1948.' 3. according to article 5, the petitioner is undoubtedly a citizen of india. he was born, and his parents were born, in indian territory and he was residing in india immediately prior to the commencement of the constitution, not only for 5 years but all his life. the question is whether it can be said that after ..... nature of mandamus directing the respondents to forbear from giving effect to order of the deputy commissioner of police, special branch, dated 24th may, 1957 ordering the petitioners to leave india within the time prescribed therein. there will be no order as to costs. but this will be entirely without prejudiceto the state government proceeding under the foreigners' act, in ..... or with respect to all foreigners or with respect to any particular foreigner or any prescribedclass or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into india or their departure therefrom or their presence or continued presence therein. (2) in particular and without prejudice to the generality of foregoing power, orders made under this section may .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : AIR1997J& K15
..... a dwelling house therein.' 12. in the light of the foregoing provisions, it is made clear that the provisions of section 6 of the constitution of jammu and kashmir dealing with permanent residents and lawfully acquiring citizenship of india shall be entitled to participate in the 'election of assembly either as a voter or as a representative to be elected.13. therefore when ..... vote in that area or intending to contest as representatives to be elected from that area in the light of the limitation provided under section 6 of the constitution of jammu and kashmir. in that view of the matter it ..... we consider both the provisions of section 6 of the constitution of jammu and kashmir vis-a-vis the above provisions of the representation of people ..... act, 1957, unless the writ petitioners (appellants) either continue to be residents of that area which is now called pok area and continue to enjoy the citizenship of india, cannot either exercise the right of franchise seeking to .....Tag this Judgment!
Court : Delhi
..... for the reasons stated hereinabove, we are of the view that it is not a fit case for exercising our extraordinary jurisdiction under article 226 of the constitution by directing respondent no.2 to either return to new zealand along with children or to give custody of the children to the petitioner. it would, however ..... 1 scc 591. in v. ravi chandran (supra), the supreme court was dealing with a habeas corpus petition filed directly before it under article 32 of the constitution. in that case, respondent no.6 before the supreme court had approached new york state supreme court, for divorce and dissolution of marriage. a consent order governing ..... the petitioner in the rejoinder affidavit filed by him. we cannot examine the truthfulness or otherwise of all these allegations in this petition under article 226 of the constitution. we would, however, like to take note of certain facts which have a bearing on the issue of welfare of the minor children: (a) criminal m ..... a new zealand citizen in march, 2008. both the children were born in new zealand and consequently acquired citizenship of that country. the petitioner, respondent no.2 as well as both their children came to india on 6.3.2009. the petitioner had planned to return to new zealand on 10.4.2009, whereas respondent ..... v.k. jain, j. 1. this is a petition under article 226 of the constitution of india seeking issuance of a writ/order/direction in the nature of habeas corpus to the respondents to produce minor children viz. jasmine kaur .....Tag this Judgment!
Court : Chhattisgarh
..... has not produced any document to show that he has given up the citizenship of nepal and obtained the citizenship of india. the same is evident from the verification form, which was filled up by the petitioner himself. thus, this petition suffers from inability caused vide part ii of the constitution of india. the case of the petitioner is relatable to article 311(2) ( ..... b) of the constitution of india, according to which, the order of dismissal has been ..... authority is satisfied that for some reasons it would not be reasonably practicable to hold such enquiry. the principles of natural justice do not flow from article 14 of the constitution of india. the demonstrations and strike comes within the purview of misconduct under the provisions of the chhattisgarh civil services (conduct) rules, 1965. the petitioner has abetted other employees to ..... order cannot be sustained." 17. in tarsem singh v. state of punjab and others4, the supreme court, while dealing with the requirement of article 311(2) of the constitution of india, observed as under: "11. we have noticed hereinbefore that the formal enquiry was dispensed with only on the ground that the appellant could win over aggrieved people as well .....Tag this Judgment!
Court : Delhi
..... submitted that even the international covenant on civil and political rights, 1966, article 15, clause-1, ratified by india states that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. nor shall heavier penalty ..... replied in the affirmative by stating that every donation from an indian, who has acquired foreign citizenship, is treated as foreign contribution. this will also apply to pio card holders and to overseas citizens of india. however, this will not apply to nris who still hold indian citizenship. 46. on the other hand, mr. narender mann, learned standing counsel for respondent cbi ..... would help sustaining the validity of the law by applying the doctrine of reasonable construction rather than applying a doctrine which would make the provision unsustainable and ultra vires the constitution. (u.p. power corporation ltd. v. ayodhaya prasad mishra). xxxx xxxx xxxx 39. as we have already noted in reaching this conclusion, light can be drawn from legal maxims. ..... act 1987 must stand superseded by the corresponding benevolent provision in tada act 1987. it is a permissible course and the express prohibition contained in article 20(1) of the constitution is not a bar for resorting to the corresponding sub-section in tada act 1987. ? 69. moreover, the international covenant on civil and political rights, 1966, article 15, clause .....Tag this Judgment!
Court : Delhi
..... from the competent court revoking the earlier declaration can always be obtained upon such declaration, the disqualification ceases. so is the case of status of undischarged insolvency and citizenship of india. the citizenship status of a person can change from time to time.31. in all the above-mentioned situations on the happening of the disqualifying event, a legislator ceases to ..... in dhartipakar madan lal agarwal v. rajiv gandhi (supra) and in particular para 4 thereof. referring to article 190(3) read with section 191 (1) (e) of the constitution of india, mr rohatgi submitted that the eci wrongly understood the disqualification to be applicable to the current period of the appellant being an mla. submissions on behalf of respondent no.3 ..... pointed out that the plea that the disqualification under section 10a would not affect the appellant's current tenure as mla already stood negated when his election petition challenging the constitutional validity of section 10a was dismissed by the division bench of the madhya pradesh high court. the said petition was amended to include the above ground. the order dismissing ..... the fact that the publications of the above mentioned "direct appeals" in his name, containing his photograph, published on the day of the poll, on 27th november, 2008, also constitute an offence under section 171h of the indian penal code, 1860. moreover, in his account of election expenses, the respondent has left the column on "campaign through electronic/print media .....Tag this Judgment!