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!
Court : Allahabad
Reported in : AIR1966All127
..... to pakistan is a finding of fact that is binding on this court and cannot be challenged in a writ petition under article 226 of the constitution of india. the argument appears to be obviously misconceived. the principle that a finding of fact cannot be re-opened at the writ stage except under ..... . the matter cannot, therefore, be re-opened in these proceedings without contravening the express provisions of law as contained in section 9(2) of the citizenship act read with rule 30 framed thereunder.5. for the above reasons, i am of opinionthat this writ petition has no force. i, accordingly dismiss it ..... criminal appeal. any finding given by the sessions judge cannot, therefore, be treated binding in these proceedings. moreover, section 9(2) of the indian citizenship act states that the decision on this question is to be given by the central government; hence, in any case the finding that would be binding ..... the 28th december, 1963, and has been filed on behalf of the opposite-party. according to the said order, the petitioner has voluntarily acquired the citizenship of pakistan after the 26th january, 1950, but before the 25th may, 1955.2. the first argument of the learned counsel for the petitioner before me ..... to pakistan. there was a further prayer that in case the central government happened to pass an order under section 9(2) of the indian citizenship act during the pendency of the writ petition, the said order may also be quashed by a writ of certiorari. it appears that during the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1964MP272; 1965MPLJ329
..... of india either by virtue of any of the provisions in the constitution or the citizenship act 1955. -- (see frioz meharuddin v. sub-divisional officer (mp), air 1961 madh pra 110.)it is true ..... amendment of section 2(a) of the foreigners act in 1957. be treated as 'foreigners'; but the effect of the provisions of article 7 of the constitution is that all persons who had migrated from the territory of india to the territory now included in pakistan after the 1st day of march, 1947 had to be deemed not to be citizens of ..... amendment of the definition of 'foreigner' in section 2 (a) of the foreigners act, 1946 by the foreigners laws (amendment) act, 1957. the citizenship act, 1955, however, makes a distinction between a commonwealth citizen and a citizen of india. under section 11 of that act every person who is a citizen of a commonwealth country specified in the first schedule shall, by ..... government under section 12 of the citizenship act by an order notified in the official gazette. no such notification has been issued by the central government conferring rights of citizens of india on citizens of pakistan. persons who migrated to pakistan after 1-3-1947 and who did not return to india till the commencement of the constitution cannot be considered to be citizens .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1958All165
..... a pakistan national can be determined under the provisions of the citizenship act, 1955. section 9(1) of that act clearly lays down that 'any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26 january, 1950, and ..... acquisition or, as the case may be, such commencement cease to be a citizen of india: provided that nothing in this sub-section shall apply to a citizen of india who, during any war in which india may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs.' under the provisions of this sub ..... indian national was under consideration. from the various applications and from the fact that the petitioner himself obtained a passport as a pakistan national to come to india, the petitioner's contention that all this he did under a bona fide mistake cannot be accepted. the question whether the petitioner was an indian national or ..... adopt the course laid down and prescribed by the statute and not seek a remedy by approaching this court un-der article 226 of the constitution.8. for the reasons given above, i haveseen no merits in this petition which i accordingly dismiss. ..... ordermukerji, j. 1. this is a petition by haflz ab-dul rahman under article 226 of the constitution praying for a writ of certiorari to quash an order made by respondent no. 1 and for a writ of mandamus directing the respondents, .....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 : Madhya Pradesh
Reported in : AIR1960MP381
..... a foreigner, and who has for five years overstayed the term of his visa, and who has done nothing to move the government of india to clear this doubt about his citizenship -- that such a person should, when the deportation it imminent, be permitted to stay on for another term just to move that government ..... writ not to deport them and at least to wait till they get an opportunity to move the government of india under section 9(2) of the indian citizenship act and rule 30 of the citizenship rules, and the latter disposes of their petition. 2. the facts stated above indicate that this is a typical ..... such cases there can be a genuine doubt laised well before the deportation proceedings, as to the citizenship of the persons concerned, and it would be advisable to wait till the matter is decided by the government of india, instead of pushing the persons across the border into a foreign country, from where it would ..... rulings have no application. in re, abdul khader, air 1959 andhra pra. 241 the acquisition or the determination of the indian citizenship of the applicant, was already under the active consideration of the government of india, at the time of the deportation order. the court held that the authorities should wait till the government of ..... krishnan, j. 1. this is a petition under article 226 of the constitution of india by a couple who came to india on a pakistani passport (which was visa-ed) for three months ending on 23-10-1954. either they were successful, in concealing themselves, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC505; 1973CriLJ1; (1973)1SCC451; 1973(5)LC380(SC)
..... occurred.8. the high court found that there were no materials to show that the appellant was not a resident of india for five years before the commencement of the constitution. but in order to attract article 5(c) of the constitution the appellant must have indian domicile. more residence is not domicile. there must have been the intention of the appellant on ..... , the appellant had a pakistani passport in 1952. second, the appellant made an application under section 5 of the indian citizenship act for registration as an indian citizen after the appellant had been given notice under the foreigners act to leave india.9. the high court found that when the appellant came to calcutta in 1914 he must have come over for ..... . this was a request to the government by the appellant not to be 'pushed out of india.' the appellant then made an application under section 5(1)(a) of the citizenship act on 4 may, 1962. to be registered as a citizen of india. it was never the plea of the appellant that he was an indian citizen. an application for registration as ..... an indian citizen totally repels any plea of indian citizenship of the appellant.11. in the high court it was contended on behalf of the appellant that he came to india before 19 july, 1948, and, therefore, he had migrated from pakistan to india. it is the view of this court since the decision in kulathil mammu v .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1963SC1035; Supp2SCR560
..... foreigner under the act. some of the relevant provisions of the constitution and citizenship act 57 of 1955 may conveniently be extracted. article 5 of the constitution says :- '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 india; or (b) either of whose parents was born in the territory ..... additional sessions judge was not justified in ignoring the evidence of respectable witnesses who spoke to the fact that the appellant was born in india and continued to reside in india at the date of the commencement of the constitution and thereafter. the learned additional sessions judge as a judge of fact considered the evidence in the light of probabilities and the documentary ..... act, 1872 (1 of 1872) lie upon such person'. 11. under art. 5(a) of the constitution the appellant cannot be a citizen of india unless he was born in the territory of india and had his domicile in the territory of india at the commencement of the constitution. in this case the appellant claimed to be a citizen under art. 5(a) of the ..... of india; or (c) who has been ordinarily resident of the territory of india .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1959Bom359; (1959)61BOMLR164; 1959CriLJ1053; ILR1959Bom875
..... was raised by the learned government pleader was that in view of rule 3 specified in schedule iii of the citizenship rules, 1956, made under section 18 of the citizenship act, 1955, the fact that the respondent (though originally a citizen of india) had obtained a passport on 9-6-1952 from the government of pakistan shall be conclusive proof of his having ..... of the constitution, the respondent was a citizen of india and not a foreigner. accordingly, on 30-11-1957 he acquitted the respondent of the offence with which he had been charged. 9. the state has ..... section 3 to any authority subordinate to it. the notification s.r.o. no. 1562 issued by the government of india, so far as material, states that in exercise of the powers conferred by clause (i) of article 258 of the constitution, 'the president with the consent of the government of ..... bombay hereby entrusts to that government the functions of the central ..... in the district of broach and that he left india either towards the end of 1951 or in early 1952. he also held that the prosecution had not proved that the respondent migrated from india to pakistan with the intention of residing and settling in pakistan and that therefore article 7 of the constitution did not apply and in view of article 5 .....Tag this Judgment!