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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Page 4 of about 3,793 results (0.084 seconds)

Feb 29 2012 (HC)

G.Karunairaj Vs. State Rep.by the Secretary to Government.

Court : Chennai

..... be any doubt whatsoever that adequate care should be taken to see that no genuine citizen of india is thrown out of the country. a person who claims himself to be a citizen of india in terms of the constitution of india or the citizenship act is entitled to all safeguards both substantive and procedural provided for therein to show that he ..... the burden of proof is on the proceedee, the same by itself would not mean that the procedure is ultra vires the provisions of article 21 of the constitution of india. article 21 would not be offended if the procedure is fair and reasonable.'28. taking a leap forward, the supreme court also held in paragraphs 55 and ..... of the fact that in hans muller of nuremberg vs. supdt. of presidency jail, calcutta {air 1955 sc 367}, a constitution bench of the supreme court held that the power of the central government to expel foreigners from india, is absolute and unfettered or unrestricted. but, two things must be remembered, namely (a) that after the aforesaid decision ..... on him was very sacrosanct.19. in louis de raedt vs union of india {1991 (3) scc 554}, the supreme court reiterated that even a foreign national is entitled to the fundamental right to life and liberty guaranteed under article 21 of the constitution. while holding so, the supreme court also dealt with the question of the ..... petition under article 226 of the constitution of india praying for the issuance of a writ of certiorari to call for the records in g.o.rt.3749 dated 9.11.2011 passed by .....

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Mar 10 1999 (HC)

West Bengal Housing Board and ors. Vs. Papiya Bain

Court : Kolkata

Reported in : (1999)2CALLT71(HC)

..... origin provided;(a) he/she held an indian passport at any time.(b) he/she or his/her father or grandfather was an indian citizen by virtue of constitution of india or indian citizenship act.1.2 anyone who had obtained allotment of flat/house/plot from the board on any occasion earlier will not have the eligibility to apply for the scheme ..... of one nor can impose any more stringent condition in favour of the other. in new india public school & ors. v. huda & ors. reported in 1996 (5) supreme today 756 it has been held that when the public authority discharges its public duties the word 'otherwise' would ..... in law.20. it is now a well settled principles of law in view of the decision of the apex court in ramana dayaram shetty v. i. a. authority of india reported in : (1979)iillj217sc that the state is bound to disclose the terms and conditions at the lime of issuing advertisement. it can neither later relax any condition in favour ..... thus:--1. an adult indian citizen or a foreign citizen of indian origin other than the territory now in pakistan, bangladesh, afganistan, bhutan, nepal and sri lanka, whether resident in india or outside, who does not own any house/flat/house building plot in the calcutta metropolitan area (calcutta metropolitan area means and includes calcutta corporation area and added areas namely .....

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Aug 23 2016 (HC)

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

..... an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin. ..... of adjudicatory proceedings. 56. at the time, when discretion is exercised under section 125 and if any challenge is made under article 226 of the constitution of india, the twin test, to be satisfied is "relevance and reason". in the light of the judgments of the hon'ble apex court and applying the ..... to be confiscated. he also imposed penalty. when the said order was tested, by way of a writ petition, under article 226 of the constitution of india and though the revenue, before the writ court contended that the entire gold ought to have been confiscated, taking note of the policy of the ..... provisionally, pending adjudication or after adjudication, and in that context, the role of the courts, in exercise of the powers, under article 226 of the constitution of india, should be confined only to test such satisfaction, arrived at, by the competent authority, with regard to the objects of the customs act, 1962 and ..... the discretion of a judge is the law of tyrants; it is always unknown. it is different in different men. it is casual, and depends upon constitution, temper and passion. in the best it is often times caprice; in the worst it is every vice, folly, and passion to which human nature is .....

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Jul 28 2016 (HC)

Malabar Diamond Gallery Pvt. Ltd. Vs. The Additional Director General ...

Court : Chennai

..... origin, if he held an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin. a spouse (not being ..... conclusion of the adjudicating proceedings, may order provisional release. at the time, when discretion is exercised under section 110a and if any challenge is made under article 226 of the constitution of india, the twin test, to be satisfied is "relevance and reason". testing the discretion exercised by the authority, on both subjective and objective satisfaction, as to why, the goods ..... and liable for confiscation, can be released provisionally, pending adjudication, and in that context, the role of the courts, in exercise of the powers, under article 226 of the constitution of india, should be confined only to test such satisfaction, arrived at, by the competent authority, with regard to the objects of the customs act, 1962 and any other law for the ..... (r) implementation of any treaty, agreement or convention with any country; (s) the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in india; (t) prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign state or is derogatory to national prestige; (u) prevention of .....

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Apr 23 1971 (SC)

State of U.P. Vs. Rehmatullah

Court : Supreme Court of India

Reported in : AIR1971SC1382; 1971CriLJ1103; (1971)2SCC113; [1971]SuppSCR494

..... extended by the appropriate authority up to may 22, 1965. as he was clearly a citizen of india at the commencement of the constitution and the question arose whether he had lost indian citizenship thereafter, the central government had to determine under section 9 of the citizenship act the question of the acquisition of pakistan nationality by the respondent. this court in government of ..... of the constitution and his entry into india in 1955, the respondent would continue to be an indian ..... subject under any law for the time being in force in india, or (iii) is not a citizen of india. the citizenship act, 1955, having been published in the gazette of india on december 30, 1955, was also not in force at the time when the respondent entered india. we may, therefore, turn to the constitution to see if the respondent was a citizen of ..... the time of the commencement of the constitution. clause (a) of article 5 clearly covers the case of the respondent who was born in the territory of india and had his domicile in this territory at the commencement of the constitution. being a citizen of india at the commencement of the constitution in 1950, unless he lost his citizenship under some law between the commencement .....

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Mar 04 1960 (HC)

Abdul Mannan Khan Vs. Union of India (Uoi) Through the Ministry of For ...

Court : Allahabad

Reported in : AIR1960All565

..... himself recorded as a citizen of india and therefore he applied on 20-8-56 for the grant of certificate of naturalization ..... under act lvii of 1955 and got a notice published in the daily bharat of varanasi dated 9th and 11th december 1956. the afore-said application for citizenship was rejected by the government of india, and information was communicated to the petitioner by office memorandum no. 556 cp/viii-d dated 28-6-57 by the under secretary of the home department ..... of leaving the place. during the 30 years' stay in india he has hardly visited afghanistan six times, and during the last 22 years he probably visited only twice or thrice. after the coming of the constitution, the petitioner considered himself to be a domicile of india and its citizen.when the citizenship act of 1955 came into force, the petitioner thought of getting ..... 5(1)(c) of the constitution of india. it was further contended that it was only the union government, who could direct his deportation and such power could not be exercised by the senior superintendent of police; therefore this writ petition has been filed.2. a revision was also filed by the petitioner under section 6 of the citizenship act, but he received .....

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Mar 02 1966 (SC)

Kulathil Mammu Vs. the State of Kerala

Court : Supreme Court of India

Reported in : AIR1966SC1614; 1966CriLJ1217; [1966]3SCR706

..... refer art. 9 to correct the slip which has occurred in abdul sattar's case : air1965sc810 . cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955. 16. coming now to the facts of the present case it is obvious that aboobacker went voluntarily to the territory ..... word 'migrated' in art. 7 and therefore by virtue of that article he will be deemed not to be a citizen of india on the date of the commencement of the constitution. thereafter he has not acquired the citizenship of india and he should therefore be held to be a foreigner; and if that is so, it is not disputed that the order passed ..... , j. 18. i agree that aboobacker, on whose behalf this appeal has been filed cannot be said to have acquired the citizenship of india under the constitution, but as i construe that the word 'migrate' in arts. 6 and 7 of the constitution differently i wish to record my reasons separately. the facts have been stated already and i need not repeat them at ..... art. 6, if he has after the specified date migrated from the territory of india to the territory of pakistan. article 6 deals with migration into india which confers citizenship and art. 7 deals with migration from india which deals a person from claiming citizenship of india at the commencement of the constitution. the expression 'migrated' cannot have different meanings in the two articles. 38. the word .....

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Sep 12 2001 (SC)

Hari Shankar JaIn Vs. Sonia Gandhi

Court : Supreme Court of India

Reported in : 2001VIIAD(SC)313; AIR2001SC3689; JT2001(7)SC629; 2001(6)SCALE233; (2001)8SCC233

..... a person had never been an indian citizen as distinguished from question of any person having acquired the citizenship of another country (and consequent thereupon his india citizenship having been terminated) can be examined by a civil court. so is the view taken by another constitution bench in the state of andhra pradesh vs . abdul khader, : 1961crilj573a . in sejal vikrambhai patel & etc. vs . state ..... not. no basis or source of knowledge of all such averments is stated. a major part of the election petition sets out a plea raising a contention that in the constitutional scheme of citizenship a distinction has been drawn between 'citizen of india' and being an 'indian citizen'. developing the plea, hari shanker jain submitted at the hearing that in part ii of ..... constitution, while dealing with citizenship, articles 5 to 10 use the expression 'citizen of india' article 11 which empowers parliament to make law with respect to the acquisition and termination of citizenship and all other matters relating to citizenship speaks of 'citizenship' only and not of 'citizenship of india'. parliament cannot, therefore, make any law conferring status of .....

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Oct 13 1960 (HC)

Bhaktiarkhan Khwaja Nausadkhan Vs. the Union of India (Uoi) and anr.

Court : Gujarat

Reported in : AIR1961Guj109; (1961)GLR57

..... force or compulsion is irrelevant. it is nobody's case that he got himself registered for the purpose of renouncing his citizenship of india. he, therefore, continued to be a citizen of india as laid down in arts. 5 and 10 of the constitution until september 1953 when he was deported. it is not in dispute that when he went to pakistan he did ..... another country, shall upon such acquisition or as the case may be, suchcommencement, cease to be a citizen of india. ac-cording to the respondents, the appellant in this case acquired the citizenship of pakistan before the act came into operation, but, after the constitution came into force. sub-sections (2), of section9 then provides that if any question arises as to whether ..... the jurisdiction of civil courts to decide the question whether a person has lost his citizenship by acquiring the citizenship of another country. as i have pointed out, article 10 of the; constitution categorically lays down that every person who is or is deemed to be a citizen of india shall continue to be a citizen subject to the provisions of any law that ..... was in error who on a mere consideration of article 5 of the constitution has held that the appellant was not a citizen of india. 9. it was, however contended by mr. nanavati that appellant had after his deportation to pakistan acquired citizenship of that country and thereby lost is citizenship of this country. he-based this argument upon the fact that alter the .....

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Jul 30 1971 (HC)

Kekhasarao Sorabji Irani Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1972Bom357; (1972)74BOMLR271; ILR1972Bom1262; 1972MhLJ649

..... india; or (b) either of whose parents was born in the territory of ..... on the ground that he was already a citizen of india, are grounds on which the petitioner could be considered as a foreigner.18. the petitioner claims citizenship under art. 5 of the constitution of india which runs as follows :'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 ..... , as stated above, he described himself as a citizen of india.24. moreover, once the facts establish that he was a citizen of india under art. 5 of the constitution of india, it is now well settled that it is only the central government which has jurisdiction to decide whether he has acquired foreign citizenship. this question has to be decided by the central government ..... the time of the commencement of the constitution having been born in india in 1922 and having been brought in india, educated in india carrying on business permanently and living permanently in india. he also submitted that his conduct in filling up the forms under the registration of foreigners rules and under section 6 of the citizenship act was not voluntary and was as a .....

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