Court : Madhya Pradesh
Reported in : AIR1968MP29; 1968CriLJ172
..... able to verify his averment still in the circumstances the ruling of 1964 jab lj 53 (supra) has no application. the petitioner had accepted pa-kistanee citizenship and had come to india on a pakistanee passport with which he was still staying on for ten years in secret; the removal of the photograph only adds to that confusion.18. ..... v. man-gal sain, air 1961 sc 58. the other cases in which it has been held that migration properly so called has the result of taking away indian citizenship are state of bihar v. kumar amarsingh, air 1955 sc 282 and fateh mohommad v. delhi administration, air 1963 sc 1035.16. in the recent decision of the ..... or the guardian in these circumstances the theory that the migralion was volunlary cannol be accepted. if the migralion was voluntary then certainly the declaration of pakis-tanee citizenship was also voluntary and the petitioner is a pakistanee citizen.14. quite a quantity of case law has been placed by the parties but the general lines on ..... that has happened which will in lime be set out in some detail he is a citizen of india and therefore any action on the footing of his being a pakistanee national is ultra vires of the fundamental rights given by the constitution.3. the case has been argued at a very great length: but the questions for decision ..... krishnan, j.1. this is a petition under article 226 of the constitution for a writ of the nature of habeas corpus presented on 10-3-1966, by abdul gafoor who had been arrested on 27-2-1966 moving about .....Tag this Judgment!
Court : Kerala
Reported in : AIR1962Ker190
..... is, during the period such roll is in force, removed under any law authorising such removal.' the fact that citizenship occurs both in section 16 and in article 326 of the constitution and that nonage occurs only in article 328 was emphasised by counsel for the appellant.10. i see no significance in ..... act. section 16 deals with the state of registration in an electoral roll and one of the aspects referred to in the constitution namely, a person being a citizen of india has alone been dealt with in section 16 whereas notwithstanding the fact that article 326 requires another essential qualification namely, that of ..... and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state;(e) if he is so disqualified ..... and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance or adherence to a foreign state;(e) if her is so disqualified ..... , a member of the legislative assembly or legislative council of a state- (a) if he holds any office of profit under the government of india or the government of any state specified in the first schedule other than an office declared by the legislature of the state by law not to disqualify .....Tag this Judgment!
Court : Guwahati
..... or the finding being not based on the evidence on record. the writ court exercising extra ordinary jurisdiction under article 226 of the constitution of india cannot sit on appeal over the findings of facts recorded by the tribunal. needless to say that this court exercising its jurisdiction under article 226 ..... 2001 that ??it is always dangerous to place reliance on such names unless cogent and acceptable evidence are adduced to clinch the burden of proof of indian citizenship being a serious issue cannot be viewed lightly so as to fall prey to the story made out by the person concerned. ? 12. in the proceeding ..... ufa ali becomes irrelevant. with these discrepancies in the name of the father of the o.p. and in respect of his age, the matter of citizenship of the o.p. cannot be considered and that too by birth as claimed by the o.p. no birth certificate has been produced. it was ..... facts which are peculiarly within the knowledge of a person should prove it and not the party who avers the negative. ? 6. the issue relating to citizenship, particularly in assam, will have to be considered keeping in mind that there is large scale illegal migration of bangladeshi nationals to assam. in this connection, ..... sound reason for placing the burden of proof upon the person concerned who asserts to be a citizen of a particular country. in order to establish ones citizenship, normally he may be required to give evidence of (i) his date of birth, (ii) place of birth, (iii) name of his parents, (iv .....Tag this Judgment!
Court : Delhi
..... practice of not informing them of such decision in advance, cannot be countenanced. this is not only unreasonable but militates against our value of fairness that is engrafted in the constitution of india. this practice must be deprecated.5. the secretary, ministry of external affairs is directed to ensure that necessary directions are issued to all the officers, who are authorised to ..... this appeal.2. we have heard the counsel for the appellant who has submitted that the original petitioner, who is respondent in this appeal, is an overseas citizen of india as defined under section 2 (ee) of the citizenship act, 1955 (hereinafter referred to as the act ). it is further submitted by the counsel for appellant (original respondent) that his entry in ..... , 1955 as it was not warranted under the said act. for ready reference, section 7d of the citizenship act, 1955 lpa2192019 page 3 of 5 reads as under: [7d. cancellation of registration as overseas citizen of india cardholder. the central government may, by order, cancel the registration granted under sub-section (1) of section 7a, if it is satisfied that (a) the ..... of any prior intimation lpa2192019 page 4 of 5 in case of blacklisting by union of india, which is done for protecting the integrity and sovereignty and safety of india. similarly, there is no need of prior intimation when the union of india passes any order under section 7d of the citizenship act, 1955, especially for the reasons mentioned in section 7d of the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1966Kant100; AIR1966Mys100; (1965)1MysLJ577
..... territory of india and-- (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of ..... the then existing multitude of domiciles and so it became impossible for a citizen of india to have any other domicile than the indian domicile. it was said that art. 5 of the constitution which recognizes only the domicile in the territories of india which creates citizenship excludes the concept of a domicile in the various states comprising the union territory. article ..... 5 of the constitution reads:citizenship at the commencement of the constitution--'5. at the commencement of the constitution, every person who has his domicile in the ..... clear that after the emergence of the union under the constitution every person who has a domicile in the territory of india and who falls within one or more of the three clauses to that article acquires the citizenship of india.(13) it is clear that this article mainly concerns itself with citizenship for the acquisition of which a domicile in the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1986AP204
..... it means that no man shall be so placed in the society that he can over-reach his neighbour to that extent it constitutes a denial of the latter's citizenship. (vide harold laski's 'grammer of polities' - 1979 india reprint page 153). equality means adequate opportunities laid open to all. by adequate opportunities, we cannot imply equal opportunity in the formal ..... to police appears to emanate from behind smoke screen, as motivated. from a conspectus of the above consideration, i am constrained to hold that the authorities have derelicted their constitutional and statutory duties under s. 20 of the act. accordingly the show cause notice is quashed and there shall be a direction to the respondents to recognise the institution ..... civil rights protection act providing rigorous punishment, the practice thereof is being perpetrated remorsely unabated. the dalits are in abject poverty with sub-human conditions. the preamble of the constitution assures social and economic justice with right to equality of opportunity and of status with dignity of person. article 14 provides right to equality and art. 19 provides seven ..... (3) (a) admittedly the people in the locality are the dalits, rickshaw pullers and daily wage earners. the school going children are 167 in number. article 45 of the constitution enjoins the state to provide compulsory free education. article 46 mandates the state to promote with special care the educational and economic interests of the dalits and to protect them .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1972HP37
..... 6 of the constitution. nevertheless, it was contended, on behalf of the opposite parties, that ..... petitioners rightly pointed out that, so far as displaced persons from pakistan were concerned, their position was governed by the special provisions of articles 6 and 7 of the constitution of india. in kulathil mammu v. state of kerala, (air 1966 sc 1614) the supreme court had held that, even though such persons may have left pakistan without intending ..... they had left pakistan before 19th july, 1948. and had resided in india since that time upto the commencement of the constitution. the term 'migration' was given a wider import than it has in the private international law. such persons acquired indian citizenship by reason of our special constitutional provisions.103. it is not denied that the father of each of the ..... two petitioners had acquired indian citizenship by migrating to india within the meaning of article .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2002CriLJ3386
..... observed that 'as a citizen, one sustains special, political, and moral obligation to the state and possesses social and political rights under the constitution and laws thereof.' the term 'citizenship' stands defined at page 1130 of the same volume of the corpus juris secundum. it carries with it the idea of connection or identification ..... citizens which suffers on account of this wide spread loss. it was precisely for this reason, the chapter on fundamental duties was added in the constitution of india, article 51a reminds the citizens of this country that they owe a duty to safeguard the public property and to avoid violence. the citizens of ..... proposition that the state is under an obligation to see to it that the fundamental rights as conferred under article 21 and 22 of the constitution of india are not transgressed and if there is a need to detain a person, then the police authorities are to follow the norms indicated in the ..... in these petitions. one issue is with regard to the rights of the citizens as conferred upon them by articles 21 and 22 of the constitution of india and the other is vis-a-vis duty of a citizen to see to it that the public property is not damaged.9. the supreme ..... was also taken note of in the aforesaid case by the supreme court. the fact that fundamental rights occupy a place of price in the constitution of india and the fact that article 21 provides that no person shall be deprived of his life and personal liberty except under the procedure prescribed under .....Tag this Judgment!
Court : Guwahati
..... of the state of assam from such external aggression and internal disturbance as enjoined in article 355 of the constitution. having regard to this constitutional mandate, the question arises whether the union of india has taken any measures for that purpose. 45. as mentioned earlier, the influx of bangladeshi nationals who have ..... writ court cannot examine the said new materials/evidence. it has been held that the writ court does not enjoy original jurisdiction to determine the citizenship of a person on the basis of the new materials brought on record in the writ proceeding. it has further been held that the ..... line. he also referred to the certificate issued by the gaonbura. 10. it is on the above basis the petitioner sought to establish his indian citizenship, that too by birth. before the tribunal, he had adduced documentary evidence by producing photocopies of the voter lists of 1966, 1985, 1997 and ..... which are peculiarly within the knowledge of a person should prove it and not the party who avers the negative. ? 7. the issue relating to citizenship, particularly in assam, will have to be considered keeping in mind that there is large scale illegal migration of bangladeshi nationals to assam. in this ..... reason for placing the burden of proof upon the person concerned who asserts to be a citizen of a particular country. in order to establish ones citizenship, normally he may be required to give evidence of (i) his date of birth, (ii) place of birth, (iii) name of his parents, .....Tag this Judgment!
Court : Kerala
..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....Tag this Judgment!