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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Page 12 of about 3,795 results (0.045 seconds)

Mar 26 1969 (SC)

Rev. Mons Sebastiao Fransisco Xavier Dos Remedios Monterio Vs. the Sta ...

Court : Supreme Court of India

Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; [1970]1SCR87

..... goa was included in union territories and a reference to goa was inserted in article 240 of the constitution. many acts in force in india were then extended to goa and many regulations and orders were promulgated. among the acts so extended were the citizenship act of 1955, the foreigners act 1946 and the registration of foreigners act, 1939. the central government also ..... a late stage was not possible. he relies upon article 77 and says that 'liberated' means when the occupation comes to an end. the amendment of the constitution only legalises annexation so far as india is concerned but in international law the territory remains occupied. the occupation is not at an end and it cannot be brought about unilaterally. the words of ..... birth enjoy.the geneva conventions ceased to apply after december 20, 1961. the indian government offered rev. father monteiro indian nationality and citizenship which he refused and retained his portuguese nationality. as a portuguese national he could only stay in india on taking out a permit. he was, therefore, rightly prosecuted under the law applicable to him. since no complaint is made ..... of stay expired and he did not ask for its extension or renewal. he was ordered to leave india by the lt. governor of goa. the lt. governor is empowered by a notification of the president of india issued under article 239 of the constitution to discharge the functions of the central government and his order has the same force and validity as .....

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Mar 28 1968 (HC)

Birendranath Chatterjee Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1969Cal386

..... is of no assistance to the petitioner. in this case, there was a finding of the election tribunal that the petitioner never acquired the citizenship of india under the constitution and that he never became a citizen of india. in that context it was held by this court that in the eve of law the name of the non-citizen will be considered to ..... civil authority under the foreigners act. in the background of such order it was held on an interpretation of section 7(1) of the act with article 326 of the constitution of india that so long as that order stood, such person could not be elected or continued to act as prodhan; even this view on appeal, i find, has not been ..... in a supplementary affidavit-in-opposition to the additional affidavit of the petitioner asserted that he is an indian citizen owing allegiance to india and remains an indian citizen by virtue of article 5 of the constitution and his citizenship did not suffer any eclipse because of partition of india. it is also stated that due to communal disturbances in pakistan he came to ..... india.10. from the statement made by the petitioner and denial and counter-statement made by the respondent no. 4, it is quite clear that .....

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Jun 10 1952 (HC)

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H309

..... with the object of conferring the same fundamental rights on a citizen of india as have been conferred upon citizens of other independent ..... when the abducted person is conveyed out of india he or she loses all her rights of citizenship and indeed is deprived of the status of a citizen. there is no provision in the constitution against a citizen being sent out of india. indeed, item 19 read with item 14 ..... point for decision in the present case is whether the abducted persons (recovery and restoration) act, 1949, is inconsistent with or violative of the constitution of india. 2. in june 1951 the police entered the house of ajaib singh petitioner, arrested mst. mukhtiar kaur 'alias' sardaran under section 4 of ..... of willis on constitutional law that it is a privilege of the united states citizenship to remain in the united states so that deportation is illegal unless a person has first forfeited his citizenship.27. it would appear at first sight that article 19 of the constitution of india has been enacted ..... of list i of the seventh schedule would appear to indicate that the union parliament is competent to pass laws whereby the citizens of india .....

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Aug 02 2002 (HC)

World Human Rights Protection Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K6

..... pakistan but her minor children were held entitled to indian citizenship because the father had continued to stay in india. it was concluded that the citizenship of ..... -wife was born in india, domiciled in india lateron migrated to pakistan after 1st march, 1947 was not held to the benefit of provisions of article 5 of the constitution of india and was not treated as a citizen of india. though she was born in india, she lost her indian citizenship as she had migrated to ..... concealing the bodies of the dead, rape of women, molestation of them, and detention of women and children indeed against the provisions of the constitution of india and the substantive and procedural law of the land debased the rule of law. no official agency of the state of uttar pradesh accepts the ..... self-respect and plan out a life with full realization of a role which they have to play. article 15, clause 3 of the constitution of india enables the state to make special provisions for children; article 21 provides that no child below the age of 14 shall be employed to ..... nationality. therefore, even if this salutary principle is applied, even then, so far as the minor is concerned, she would be entitled to claim citizenship of india. to repeat, it be seen that the minor (m) was conceived and has taken birth in the state of jammu and kashmir. under normal .....

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Jun 26 2012 (HC)

Surendranath Mishra Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... 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 settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... 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 ..... 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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Dec 06 1991 (SC)

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

Court : Supreme Court of India

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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Sep 15 1999 (SC)

Thampanoor Ravi Vs. Charupara Ravi and ors.

Court : Supreme Court of India

Reported in : AIR1999SC3309; JT1999(7)SC231; 1999(3)KLT487(SC); 1999(5)SCALE511; (1999)8SCC74; [1999]Supp2SCR419; 2000(1)LC51(SC)

..... it would be a matter to be decided by the authority constituted under the citizenship act and when no decision is given by the competent authority under the citizenship act, the question whether he ceased to be a citizen of india could not be adjudicated in an election petition.14. in the ..... chosen as a member of the legislative assembly as he was an undercharged insolvent within the meaning of article 191(1)(c) of the constitution of india, at the time of filing of his nomination, at the time of his election and even on the date of the filing of ..... jurisdiction exercisable under the r.p. act is a special jurisdiction conferred on the high court by virtue of article 329(b) of the constitution. therefore, even though the high court may otherwise exercise ordinary and . extraordinary jurisdiction it would be difficult to envisage a situation that while ..... how a person has acquired the citizenship of another country it shall be determined by such authority in the manner prescribed by the rules of evidence as may be prescribed in that behalf; that since by virtue of article 329(b) of the constitution all questions arising in an ..... present case, as we have explained earlier the scheme of the provisions of the insolvency act, the exclusive jurisdiction to deal with any question relating to insolvency could be adjudicated upon only by the court constituted .....

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Jun 26 2012 (HC)

Nishikanta Kar Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... 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 settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... 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 ..... 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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Feb 03 1975 (HC)

Saiyad MahiyuddIn @ LyakathussaIn SaiyedhusaeIn Vs. State of Gujarat a ...

Court : Gujarat

Reported in : (1976)17GLR1177

..... of that it is hereby clarified that if it is the case of the defendant-state that after the commencement of the constitution of india on january 26, 1950, the appellant-plaintiff has abandoned the citizenship of india or has acquired the citizenship of pakistan or any other country, it will be open to the state to obtain an adjudication on this question from the ..... -plaintiff being a minor acquired the domicile of birth from his parents and became a citizen of india. he was admittedly born in india. therefore, both the conditions of article 5 of the constitution of india are satisfied. the question, however, is whether his claim to citizenship of india is jeopardized by reason of the fact that in 1948 one abdul gafur with whom the appellant ..... january 26, 1950. it is not the case of the defendant-state in the written statement that the plaintiff had acquired the citizenship of pakistan after the commencement of the constitution of india though an issue on this point has been raised. in the present state of pleadings it is not necessary to remand the matter to the trial court and to stay ..... central government under section 9(2) of the citizenship act.the appeal is, therefore, allowed. it is declared that the appellant-plaintiff was a citizen of india on the date of the commencement of the constitution on 26th january 1950. the respondents are restrained from deporting the appellant-plaintiff from out of the .....

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Jun 26 2012 (HC)

Dr.Shyamal Ku. Saha and Others Vs. State of Orissa and Others

Court : Orissa

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... 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 settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... 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 ..... 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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