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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Page 2 of about 3,963 results (0.051 seconds)

Aug 03 2010 (HC)

Karm Kumar Vs Union of India and ors.

Court : Delhi

..... of the commencement of the constitution, article 9 states that the deeming fiction of citizenship in articles 5 to 8 will not apply if a person has voluntarily acquired the ..... ). (emphasis supplied)54. the act and the policy refer to the notion of citizenship' and not nationality'. theoretically it may be possible to argue that nationality and citizenship are not necessarily one and the same thing. but where the requirement in terms of article 9 of the constitution of india read with section 7b of the act is to demonstrate that the person is ..... singh, the learned counsel appearing for union of india and mr. k. hari shankar, the learned counsel, appearing for the srfi. interpretation of the relevant provisions20. in order to appreciate the context in which the issue arises, it is necessary first to notice some of the relevant provisions of the constitution of india concerning citizenship. article 5 talks of the position at the time .....

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Jul 07 2017 (HC)

Soundarya Muthumari Vs. Union of India

Court : Karnataka

..... educational institutions rules, 2006 insofar as it stipulates that no candidate is eligible for admission to government seats unless he is a citizen of india is illegal, discriminatory and arbitrary being violative of articles14and15of the constitution of india, the citizenship act, 1955 and the indian medical council act, 1956 etc. in w.p.no.24648/2017: between: ...petitioner sai praneeth aged about17years, ..... /2017,24739/2017, 26 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 and15of the constitution of the india and contrary to the provision of the citizenship act, 1955 and the indian medical council act, 1956 and set aside the same etc. in w.p.no.25923/2017: between: ashraf safa d/ ..... institutions rules, 2006 insofar as it stipulates that no candidate is eligible for admission to government seats unless she is a citizen of india is illegal, discriminatory and arbitrary being violative of articles14& 15 of the constitution of india, the citizenship act, 1955 and the indian medical council act, 1956 and set aside the same etc. in w.p.no.24649/2017: between ..... 2006, insofar as it stipulates that no candidate is eligible for admission to government seats unless he is a citizen of india is illegal, discriminatory, arbitrary and violative of articles14and15of the constitution of the india and contrary to the provisions of the citizenship act, 1955 and the indian medical council act, 1956 and set aside the same etc. in w.p.no.25587 .....

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Apr 22 1996 (HC)

Mrs. Raushan Ara Alias Suraiya Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1997)1CALLT89(HC)

..... section 14 of the foreigners act was started against her. it is contended on the basis of articles 7 and 9 of the constitution of india that her citizenship cannot automatically come to an end in the facts and circumstances of the case. 10. the learned advocate appearing for the state while ..... by her in-laws cannot take away her citizenship in india. it is also argued that the question of petitioner continuing to remain an indian citizen or acquiring citizenship of another country in this case pakistani can be determined by the central government alone in ..... left the same for karachi on her marriage on 9.10.93. it has been argued that the petitioner being an indian citizen, the citizenship was not lost merely by her migrating to pakistan after her marriage. it is contended that mere acquisition of a pakistani passport under compulsion ..... in accordance with section 9(2) of the citizenship act read with rule 30 of citizenship rules, it cannot be state that she has lost her citizenship in india or she has acquired citizenship of pakistan. it has also been contended that she came to india on the basis of a valid passport and visa ..... accordance with section 9(2) of the citizenship act read with rule 30 of the citizenship rules. .....

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Jan 30 1962 (HC)

Gulam Rasool Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1962All621

..... to pakistan in 1950 and if he migrated in that year before the 26th of january he could never acquire indian citizenship under the constitution of india.under article 7 of the constitution he would be deemed never to have been a citizen of india.it was for the appellant to show that he did not in fact migrate before the 26th of january 1950 ..... only presumption would be that he tried to do so because as a result of migration he never acquired indian citizenship which means that he left india before the 26th of january 1950, and since he migrated to pakistan, article 7 of the constitution became applicable to his case. while such a possibility exists, it is impossible to hold that the appellant was ..... . that however does not militate against his declaration that he migrated to pakistan in 1950. it is quite possible that having, migrated in 1950 and having lost indian citizenship he sneaked into india sometime in 1952 and then continued to live here surreptitiously until he again sneaked back into pakistan in the year 1955. if this happened the facts as given by ..... ever a citizen of india so that even in september, 1956, when he came back to india, even though he might not have acquired citizenship of any other country and might not have become a .....

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Dec 30 1981 (SC)

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... to be integral parts of a union which is far and away the more real political entity and the basis of our nationhood. secondly, the constitution of india recognises only one citizenship, a common citizenship or the entire indian people, with equal rights and opportunities throughout the union.348. speaking in the same strain the src further observed thus:849. ..... federation of states like the united states of america. the word 'federation' is not used in the constitution of india. there is no dual citizenship in india as we find it in the united states of america. the constitution of india contemplates only one citizenship, only one loyalty and only one sovereignty. the geographical area covered by the states and the union territories ..... mentioned in the first schedule to the constitution and such other areas that may be acquired constitute the territory of india which is an indivisible and indestructible whole though ..... seeks to achieve should always be kept in view. current usage and a priori reasoning should also be used as the tools of interpretation of the constitutional provisions. the constitution of india in order to ensure sound administration has entrusted separate powers to different organs of the state, charging all of them with the joint responsibility of securing .....

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Dec 05 2017 (SC)

Assam Women Social Justice Forum Vs. Union of India

Court : Supreme Court of India

..... intended to be one of identification and determination of who are originally inhabitants of the state of assam. the sole test for inclusion in the nrc is citizenship under the constitution of india and under the citizenship act including section 6a thereof. citizens who are originally inhabitants/residents of the state of assam and those who are not are at par for inclusion in ..... the consolidated list. (3) the names of persons who are originally inhabitants of the state of assam and their children and descendants, who are citizens of india, shall be included in the consolidated list if the citizenship of such persons is ascertained beyond reasonable doubt and to the satisfaction of the authority; (underlining is ours) registering 5 (4) the local registrar of ..... be included in the national register of citizens (nrc) by a process different from what is enumerated in clause 3(2) and, therefore, the said clause i.e. 3(3) constitutes an exception thereto. clause 3(3) contemplates a less strict and vigorous process for deciding claims for inclusion in the nrc insofar as persons who are originally inhabitants of the ..... state of assam appearing in clause 3(3) of the schedule (special provisions as to manner of preparation of national register of indian citizen in state of assam) to the citizenship (registration of citizens and issues of national identity cards) rules, 2003, is to be understood and furthermore for directions laying down the procedure by which such persons are required to .....

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Dec 05 2017 (SC)

Bhanu Jai Rabha Vs. Union of India

Court : Supreme Court of India

..... intended to be one of identification and determination of who are originally inhabitants of the state of assam. the sole test for inclusion in the nrc is citizenship under the constitution of india and under the citizenship act including section 6a thereof. citizens who are originally inhabitants/residents of the state of assam and those who are not are at par for inclusion in ..... the consolidated list. (3) the names of persons who are originally inhabitants of the state of assam and their children and descendants, who are citizens of india, shall be included in the consolidated list if the citizenship of such persons is ascertained beyond reasonable doubt and to the satisfaction of the authority; (underlining is ours) registering 5 (4) the local registrar of ..... be included in the national register of citizens (nrc) by a process different from what is enumerated in clause 3(2) and, therefore, the said clause i.e. 3(3) constitutes an exception thereto. clause 3(3) contemplates a less strict and vigorous process for deciding claims for inclusion in the nrc insofar as persons who are originally inhabitants of the ..... state of assam appearing in clause 3(3) of the schedule (special provisions as to manner of preparation of national register of indian citizen in state of assam) to the citizenship (registration of citizens and issues of national identity cards) rules, 2003, is to be understood and furthermore for directions laying down the procedure by which such persons are required to .....

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Oct 04 2005 (HC)

Dr. Naresh Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(4)AWC3745; 2005(4)ESC2489

..... . v. commercial tax officer and ors. air 1963 sc 1811, with reference to the provisions of article 5 to article 11 of the constitution of india read with the citizenship act, 1955, a distinction between nationality and citizenship and between natural persons, in contradistinction to legal juristic persons, covered by the definition of 'citizens' entitled to the benefit of the fundamental rights made available ..... 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 ..... reproduce relevant portion of the paragraph 28 of the constitutional bench judgment of the hon'ble supreme court of india in the case of st. stephen's college v. university of delhi, : air1992sc1630 , wherein it has been held as follows :'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 .....

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Dec 05 2017 (SC)

All Assam Minorities Students Union( Aamsu) Vs. Union of India

Court : Supreme Court of India

..... intended to be one of identification and determination of who are originally inhabitants of the state of assam. the sole test for inclusion in the nrc is citizenship under the constitution of india and under the citizenship act including section 6a thereof. citizens who are originally inhabitants/residents of the state of assam and those who are not are at par for inclusion in ..... the consolidated list. (3) the names of persons who are originally inhabitants of the state of assam and their children and descendants, who are citizens of india, shall be included in the consolidated list if the citizenship of such persons is ascertained beyond reasonable doubt and to the satisfaction of the authority; (underlining is ours) registering 5 (4) the local registrar of ..... be included in the national register of citizens (nrc) by a process different from what is enumerated in clause 3(2) and, therefore, the said clause i.e. 3(3) constitutes an exception thereto. clause 3(3) contemplates a less strict and vigorous process for deciding claims for inclusion in the nrc insofar as persons who are originally inhabitants of the ..... state of assam appearing in clause 3(3) of the schedule (special provisions as to manner of preparation of national register of indian citizen in state of assam) to the citizenship (registration of citizens and issues of national identity cards) rules, 2003, is to be understood and furthermore for directions laying down the procedure by which such persons are required to .....

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Dec 05 2017 (SC)

Assam State Jamiat Ulema E Hind Vs. Union of India

Court : Supreme Court of India

..... intended to be one of identification and determination of who are originally inhabitants of the state of assam. the sole test for inclusion in the nrc is citizenship under the constitution of india and under the citizenship act including section 6a thereof. citizens who are originally inhabitants/residents of the state of assam and those who are not are at par for inclusion in ..... the consolidated list. (3) the names of persons who are originally inhabitants of the state of assam and their children and descendants, who are citizens of india, shall be included in the consolidated list if the citizenship of such persons is ascertained beyond reasonable doubt and to the satisfaction of the authority; (underlining is ours) registering 5 (4) the local registrar of ..... be included in the national register of citizens (nrc) by a process different from what is enumerated in clause 3(2) and, therefore, the said clause i.e. 3(3) constitutes an exception thereto. clause 3(3) contemplates a less strict and vigorous process for deciding claims for inclusion in the nrc insofar as persons who are originally inhabitants of the ..... state of assam appearing in clause 3(3) of the schedule (special provisions as to manner of preparation of national register of indian citizen in state of assam) to the citizenship (registration of citizens and issues of national identity cards) rules, 2003, is to be understood and furthermore for directions laying down the procedure by which such persons are required to .....

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