Court : Allahabad
Reported in : AIR1969All165; 1969CriLJ450
..... of view and it was contended that it could not be relied upon on behalf of the state in proof of the citizenship of the applicant. under article 77(1) of the constitution of india all executive actions of the government of india shall be expressed to be taken in the name of the president and it was contended that even this order should ..... have been passed by the central government in the name of the president and as it was not, it is not a valid order for the determination of the citizenship of ..... , also defines 'central government' as meaning in relation to anything done or to be done after the commencement of the constitution, the president even according to this provision the authority given to the central government under rule 30 of the citizenship rules, 1956, is to be exercised by the president and when this authority is so exercised by him or by any ..... from the commencement of the act. that portion of sub-section (1) which connects the loss of citizenship of india to the date of acquisition of foreign citizenship refers to the acquisition of foreign citizenship subsequent to the commencement of the act, while the loss of citizenship of india with effect from the date of the commencement of the act relates to the acquisition of foreign .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1966MP346
..... such question have due regard to the rules of evidence specified in schedule iii.' 'schedule iii, 1. where it appears to the central government that a citizen of india has voluntarily acquired the citizenship of any other country, it may require him to prove within such period as may be fixed by it in this behalf, that he has not voluntarily acquired ..... against the petitioners any action grounded upon those orders. 2. the material facts in so far as they are not disputed are these. when the constitution came into force, the petitioners were indian citizens living in india with their children. in the year 1954, the petitioner 2 and her children went to pakistan. in february of the following year, the petitioner 1 ..... of natural justice. one of the essential elements of natural justice is the right of being heard or audi alteram partem, some of the principles, which have been stated to constitute elements of natural justice, are merely extensions or refinements of this principle and, so far as this case is concerned, we may mention only two of them: (i) every person ..... . this petition under article 226 of the constitution is directed against two separate orders dated 29th august 1964 whereby the central government, acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules, 1956, determined that nasiruddin (petitioner 1) and his wife smt. hasinabi (petitioner 2) had voluntarily acquired the citizenship of pakistan after 26th january 1950 and .....Tag this Judgment!
Court : Delhi
Reported in : 120(2005)DLT274; 2005(82)DRJ50
..... citizenship after its commencement or the termination of citizenship or other matters relating to citizenship. under art. 11, the constitution expressly saves the power of parliament to make a law to provide for such matters ..... year 1983. now after two decades it is too late in time to entertain a petition under article 226 of the constitution of india. it was for the petitioner to challenge the order made by the competent authority under the citizenship act, 1955. in view of inordinate delay in approaching court without availing the remedy provided under the statute, it would ..... by the petitioner.8. it is contended that respondent no.5 acquired citizenship on or about 30.4.1983 under section 5(1)(c) of the citizenship act, 1955. the citizenship act, 1955 came to be enacted by parliament to provide for the acquisition and determination of indian citizenship. the constitution of india does not, however, make any provision with respect to acquisition of ..... section 5 of the act can be registered as a citizen of india. the procedure, as indicated in part ii of the rules under the citizenship act known as citizenship rules is to be followed. the authority constituted under rule 8 is empowered to register a person as a citizen of india.11. it is not the case of the petitioner that respondent .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1975Bom176; (1974)76BOMLR258
..... to entertain or try the suit was also questioned in view of the provisions of the citizenship act of 1955, hereinafter referred to as 'the act'.3. on evidence, the trial judge held that the plaintiff was a citizen of india at the commencement of the constitution. the suit filed after six years from the date of registration as foreigners was however, found ..... not disputed. during the pendency of the criminal proceedings inquiry under section 9(2) of the citizenship act read with rule 30 of the rules thereunder was held and by ..... thereof. their being citizens of india at the commencement of the constitution was not in dispute. the only question was with regard to the effect of their entering india on pakistani passports, gajendragadkar, j.. as he then was speaking for the court first overruled the view the possession of such passport operated as automatic cesser of the indian citizenship and observed follows (paragraph 6 ..... that his citizenship is terminated.'state of u.p. v. rahmatullah reported in : 1971crilj1103 was an appeal by the state against the acquittal by the high court of respondent-accused who the foreigners act, 1946, on the ground of his having entered india on 1.4.1955 on pakistan passport and having over-stayed in india illegally. that he was a citizen constitution was .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All507; 1961CriLJ441
..... , amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.'no ruling has been cited before me in which any contrary opinion has been expressed tegarding the constitutional validity of the aforesaid schedule iii of the citizenship rules.6. i should not be understood as laying downthe proposition that in no case the obtaining ..... in my opinion clause 3 and clauses 5(b) and (d) of schedule iii of tile citizenship rules, which in many cases would result in summarily depriving an indian ..... such acquisition by virtue of section 9(1) of the citizenship act involves automatic termination of indian citizenship. the question is, can an indian citizen be deprived of his fundamental rights (including the right of residing and settling in any part of india, guaranteed by article 19 of the constitution) in this arbitrary and wholly unreasonable fashion?i cannot countenance such a position and .....Tag this Judgment!
Court : Orissa
Reported in : AIR1961Ori174; 1961CriLJ658
..... and in his application for b visa he described himself as a pakistan national and wanted permission to visit india for a period of one year, to see his parents.by virtue of article 7 of the constitution he clearly lost his indian citizenship when he stayed in pakisthan after attaining majority. the true meaning of the expression 'migrated from the territory of ..... residing in that country permanently when he went there and accepted a government service, was not stated in the affidavit. the legal position therefore is that though a citizen of india the petitioner lost his citizenship by virtue of article 7 of the constitution when he went to east pakistan and remained there even after attaining majority.if after his return to ..... : india' occurring in article 7 of the constitution has been explained by their lordships of the supreme court in a very recent (unreported ..... india he wanted to acquire indian citizenship, it was open to him to apply to the authorities concerned, under section 5 of the citizenship act. section 9(1) of that act makes it 'clear that once a citizen of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC1897; 225ITR561(SC); JT1995(2)SC229; 1995(1)SCALE483; (1995)3SCC100; 1SCR877
..... the limited purpose of another law, whether a person is or is not a citizen of india, the authority must carefully examine the question in the context of the constitutional provisions and the provisions of the citizenship act extracted hereinbefore. in the instant case article 325 of the constitution provides for one general electoral roll for every territorial constituency; so does section 15 of ..... is, at the time of his birth, in service under government of india. section 5 deals with citizenship by registration. it empowers the prescribed authority to register a person as a citizen of india who is not already such citizen by virtue of the constitution or any other provisions of the citizenship act and belongs to any one of the five categories set out in ..... be advantageous to notice the provisions in regard to citizenship at this stage. articles 5 to 7 of the constitution read as under:5. citizenship at the commencement of the constitution.-at the commencement of this constitution every person who has his domicile in the territory of india and-b(a) who was born in the territory of india; or(b) either of whose parents was born ..... in the territory of india; or(c) who has been ordinarily .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1972Raj272; 1972()WLN245
..... word 'migrated' in article 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 claimed the citizenship of india, and should therefore be held to be a foreigner. it may also be pointed out here that according to the birth date given ..... governed by article 7 of the constitution. consequently, the argument advanced on behalf of the petitioner based on section 9 of the ..... domicile nor on the ground that the question whether an indian citizen has acquired the citizenship of another country cannot be determined by the courts. it was further held that under article 7 of the constitution the petitioner could not be deemed to be a citizen of india. the learned judge observed 'migration is something distinct from the act of changing one's ..... who are alleged to have voluntarily acquired the citizenship of another country at any time between 26-1-1950 and the commencement of that act i.e. 30-12-55, only 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. the present case is, however, clearly .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All191; [1968(16)FLR413]
..... dismissed. 5. on behalf of the detenue it was urged that he was a minor on the date he left india for pakistan and that on 26-1-1950 when the constitution of india came into force he was under a disability and, as such, did not possess the animus required for acquiring domicile ..... of any foreign state. the fact that the petitioner had come out to india on a pakistani passport on which ..... paragraph 9 of the said application it was stated that he had previously moved an application under section 5(1) of the citizenship act for registration as a citizen of india but he had received no intimation of the decision of the government thereon. it appears that by an order dated 31-12-1958 ..... of india on 26-1-1950 when the constitution came into force, he had ceased to be such by reason of the provisions of article 9 of the constitution which provides that no person shall be deemed to be citizen of india by virtue of article 6 and article 8 if he has voluntarily acquired the citizenship ..... the constitution that fall within the scope of article 7'.8. the point as to whether a person has voluntarily acquirerd citizenship of a foreign state after 26-1-1950 is one which falls to be determinedby the central government, under section 9(2) 31' citizenship act. the fact that the petitioner entered india on .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1964Guj128; 1964CriLJ24; (1964)0GLR273
..... question does not survive in view of our conclusion on the question of migration. if petitioner had succeeded in proving that he had become a citizen of india under the constitution, the question whether his citizenship has or has not been terminated by the central government would have been material.20. the fourth point raised by mr. nanavaty has also no substance. it ..... . the main contention of the and respondent is that although the case of the petitioner fell directly within the purview of article 5 of the constitution of india, the petitioner still did not acquire citizenship of india because his case, directly fell within the purview of article 7. that article is as follows:'notwithstanding anything in articles 5 and 6, a person who has ..... for us to decide that question in the present petition. therefore, arguments were addressed on the subject of the petitioner having acquired the citizenship of india under the constitution on the basis that the petitioner had, in fact, departed from india on the 13th of february, 1948, in such a way that normally he would lose his domicile. but, the contention of the ..... of his father's sister, and that, therefore, the case of petitioners did not fall within the purview of article 7 of the constitution of india; (3) that petitioner remains a citizen of india under article 5 of the constitution inasmuch as no order, depriving him of his citizenship, has been passed by the central government under section 9, sub-section (2) of the indian .....Tag this Judgment!