Court : Kolkata
Reported in : AIR1965Cal302,1965CriLJ676,69CWN126
..... the division bench with the foregoing observation, per bachawat, j.14. in my opinion, article 7 of the constitution applies in this case, and the petitioner cannot, therefore, be deemed to be a citizen of india under article 5. section 9(2) of the citizenship act is not also applicable, for the same reason.15. this application must, accordingly, fail. in view of ..... government under section 9(2) of the citizenship act, and that the rejection of his application under section 5(1) by the state government ..... as clause (b) of article 5.6. but, even where article 5 is prima facie attracted, a person cannot be held to have been a citizen of india at the commencement of the constitution in a case where article 7 is applicable. in short, article 5 is subject to and controlled by article 7, and so it has been held by the ..... and this has bean followed by the impugned order to quit india, which was served on the petitioner on 26-8-1962.4. the primary ground upon which the petitioner challenges the impugned order is that he is a citizen of india under article 5 of the constitution and that, accordingly, that citizenship can be terminated only by a determination made by the central .....Tag this Judgment!
Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... . if the son of an englishman is born upon a journey, his domicile will follow that of his father.'(7) it was argued that under the constitution there can be only a single citizenship for the whole of india, and that it would run counter to that notion to hold that the state could make laws based on domicile within their territory. but ..... within their own territorial jurisdiction subject to constitutional limitations. there is nothing in our constitution like domicile of state, the citizenship and domicile both are different things/article 5 of the constitution deals with citizenship and comicile. for convenience article 5 of the constitution of india is reproduced as under :-'article 5. citizenship at the commencement of the constitution.-at 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 .....Tag this Judgment!
Court : Delhi
..... s.a., neither of them can be deemed to be indian citizens under the citizenship act. both the petitioner and respondent no.2 renounced their citizenship of india upon acquiring american citizenship. in this regard, we may refer to article 9 of the constitution of india, which reads: ?9. persons voluntarily acquiring citizenship of a foreign state not to be citizens. no person shall be a citizen ..... the court which has the closest concern and most intimate contact, and which may have passed such orders. this court, while exercising its jurisdiction under article 226 of the constitution of india and dealing with a writ of habeas corpus, does not function as an executing court, to enforce such like orders of a foreign court. this court would independently examine ..... of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 ..... or article 8, if he has voluntarily acquired the citizenship of any foreign state.? 54 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; 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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1963Cal527
..... , 1955, bars the election tribunal from deciding that the petitioner was rot a citizen of india. section 9(1) of the citizenship act, 1955, states that a person who was a citizen of india at the commencement of the constitution may subsequently acquire the citizenship of some other country. section 9(2) of the said act describes the authority having exclusive jurisdiction ..... he never became a citizen of india. 2. the contention of the petitioner that ..... living in india. as the petitioner migrated from india to pakistan after the first day of march, 1947 and before the constitution of india came into force, he must be deemed not to be a citizen of india having regard to article 7 of the constitution. the election tribunal rightly held that the petitioner never acquired the citizenship of india under the constitution and that ..... to determine it e citizen of india has acquired the citizenship of some other country. if the petitioner was ever a citizen of india the election tribunal was not .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC3309; JT1999(7)SC231; 1999(3)KLT487(SC); 1999(5)SCALE511; (1999)8SCC74; 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 .....Tag this Judgment!
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 .....Tag this Judgment!