Court : Supreme Court of India
Reported in : AIR1998SC1561; 92CompCas96(SC); JT1997(8)SC401; 1997(6)SCALE367; (1997)8SCC176; Supp4SCR458; 1997(2)LC792(SC)
..... depend upon whether a particular argument was considered therein or not provided that the point with reference to which an argument was subsequently advanced was actually decided.15. again another constitution bench in mohd. ayub khan v. commissioner of police, madras and anr. : 2scr884 , held thus:this court has pronounced upon the legislative competence of the parliament to enact section ..... exercise of legislative power is not within the inhibition of section 20. therefore, the contention that the impugned legislation violates section 20 has no merit.12. this judgment of the constitution bench has been followed and applied recently in orissa cement ltd. and ors. v. slate of orissa and ors. : 2scr105 ; indian aluminum company limited and anr. v. karnataka electricity ..... conflict with entries 52 or 7 list i.6. undoubtedly, mr. sunil gupta, learned counsel for the appellant elaborately argued the matter and ultimately contended that the ruling of a constitution bench of this court in ishwari khetan sugar mills (p.) ltd and ors. v. state of uttar pradesh and ors. : 3scr331 requires reconsideration as certain aspects were not ..... 9 of the citizenship act. 1955 in izhar ahmad khan v. union of india. in the same case challenge to the validity of rule 3 of schedule iii to the rules framed under the .....Tag this Judgment!
Court : Gujarat
Reported in : 1976CriLJ1419
..... a court of law is void is normally part of the judicial function and is not a legislative function. although there is in the constitution of india no rigid separation of powers, by and large the spheres of judicial function and legislative function have been demarcated and it is not permissible ..... of separation of powers as recognised in america is not applicable to our country.... the rigid separation of powers as under the american constitution or under the australian constitution does not apply to our country. many powers which are strictly judicial have been excluded from the purview of the courts.similarly ..... become necessary to enquire whether obtaining a passport from a foreign government is or is not inherently relevant in proving the voluntary acquisition of the citizenship of that foreign state ' applying the test for determining whether a particular rule is a rule of evidence or not as indicated in the ..... of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of the country before that date. in paragraph 29, after examining all ..... with the validity of rule 3 of schedule 3 of citizenship rules, 1956, made by the government under the citizenship act, 1955. under rule 3 which was the impugned rule, it was provided that the fact that a citizen of india has obtained on any date a passport from the government .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1953Cal530,57CWN778
..... effect:'mr. j. ataullah is free to come to india and settle down here if he so desires. his citizenship of the dominion of india will, however, be determined according to the provisions of the draft constitution of india, recently published which are yet to be adopted by the constituent assembly of india with or without any modifications. as regards employment under the ..... government of india, there is none which could fee offered to ..... 17. under the provisions of the indian independence act, 1947, all rights, authority and jurisdiction exercisable fay the king of england over the territories constituting british india under section 2, read with section 311(1), government of india act, 1935 (25 and 28 geo. v. c. 42) came to an end. this will become abundantly clear if we refer to ..... examination of the provisions contained in the indian independence act it ban already been pointed out that british india bad ceased to exist after two new independent states having sovereign authority over particular portions of the original territory which constituted british india had been brought into existence.in this case therefore there was no possibility of a british indian subject .....Tag this Judgment!
Court : Punjab and Haryana
..... fall under entries 17 to 19 of list-i, as contended. in pith and substance, the subject matter does not deal with the issue of citizenship, extradition or admission into and emigration and expulsion from india, passports and visas which are subjects in list-i. the amendment deals with rights of non-resident indians in tenanted premises in relation to right ..... co-exist without any conflict. 9. the classification of non-resident indians, as a separate class of landlords, cannot be held to be violative of article 14 of the constitution. right to seek eviction on the ground of bonafide need is available to all landlords. only difference in the case of nris and certain other specified landlords is that ..... eviction on non-residents, including foreigners was arbitrary and discriminatory qua the residents and thus, violative of article 14 of the constitution; (iv) the impugned notification, extending the amending act to chandigarh, is exercise of essential legislative functions by the executive which was not permissible under section 87 of the reorganisation ..... the subject matter of the legislation is covered by existing law namely the citizenship act, 1955 and foreign exchange management act, 1999 and the impugned amendment being repugnant to the statutory provisions of central law, the field being occupied, the state legislation is void under article 254 of the constitution; (iii) the act to the extent of conferring preferential right of .....Tag this Judgment!
Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; 285ITR74(Uttaranchal)
..... the high court under article 226 of the constitution of india without exhausting the alternate remedy. the order impugned in this petition is an order passed by the second respondent without power and jurisdiction ..... and therefore, the petitioner was entitled to approach this court under article 226 of the constitution of india for quashing the said order without exhausting any alternate remedy of filing appeal. hence, we reject the contention of learned counsel for the ..... order. the availability of an alternate remedy does not operate as a bar against the exercise of jurisdiction under article 226 of the constitution of india. moreover, if the impugned order is an order passed without power and jurisdiction, the aggrieved person is entitled to invoke the jurisdiction of ..... ble supreme court, the orders mentioned in section 21 of the general clauses act are not orders of the kind contemplated in section 5 of the citizenship act. in mukand iron and steel works limited v. v. g. deshpande reported in  69 fjr 280 ;  lab ic 1612 ..... rajasthan reported in air 1967 sc 107, a constitution bench of the hon'ble supreme court considered whether apart from the power under section 10(2) of the citizenship act, the collector having power to grant the registration certificate under the citizenship act, had the power to cancel it by .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1961Raj122
..... candidature of the respondent no. 2; but the contention of the learned counsel for the appellant is that the allegations made in the petition constitute statements of fact which are false statements made in relation to the personal character or conduct of the maharawal of dungarpur. there is of ..... for consideration is whether the documents in question fall within the purview of section 123, clause (4) of the act, so that their publication may constitute corrupt practice under the act. as we have said the contents of the documents are identical. we may, therefore, reproduce the relevant portions thereof to ..... an indian national, whether the passport is legal evidence or not cannot lead to any irresistible inference that the said person had voluntarily acquired the citizenship of a foreign state; for such a passport could also be issued to a citizen by birth or descent. that being so, we find ..... have been married there to lal mohammed and returned with him under a pakistani passport to india. lal mohammed is admittedly an indian national residing in india. it appears that later kulsum obtained a certificate of indian citizenship; but on the day when the general elections took place she had not obtained any ..... whether living or dead or nonexistent, or whose names appeared in the same ward for two different houses or persons who were not citizens of india but whose names all the same appeared in the electoral rolls; or even in name of fictitious persons. secondly, it was alleged that the .....Tag this Judgment!
Court : Kerala
Reported in : 2010(1)KLT1000
..... filed for a declaration that he is a member of a community which come under the scheduled tribes. adverting to the declaration of the president of india under articles 341 and 342 of the constitution, with respect to the lists of the scheduled castes and scheduled tribes in a state, it was held by the apex court that such notification is ..... or admission or at any stage thereafter (section 7), constitution of scrutiny committee for verification of the community certificates (section 8), and enquiry by the expert agency (section 9) to examine and give a final conclusive opinion over the ..... over the question presented has to be adverted to. the scheme of the k (sc & st) ricc act provide for issue of certificate by the competent authority (section 5), constitution of screening committee for verification of community certificate (section 6), further verification by the competent authority or the head of the educational institution at the time of initial appointment, selection ..... not entertainable nor can be adjudicated upon in the petition, by the apex court, since the central government alone has exclusive jurisdiction under the citizenship act, 1955 to decide questions regarding loss of indian citizenship and acquisition of citizenship of a foreign country. so far as the k (sc & st) ricc act is concerned, it regulates the issue of the community .....Tag this Judgment!
Court : Guwahati
..... 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 ..... 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 ..... 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, ..... (iv) their place of birth and citizenship. sometimes the place of birth of his grand parents may also be relevant like under section 6-a (1)(d) of the citizenship act. all these facts would necessarily be within the personal knowledge of the person concerned and .....Tag this Judgment!
Court : Allahabad
Reported in : 1978CriLJ1345
..... ali, the finding was that the accused had migrated to pakistan before 26th jan. 1950, and as such article 7 of the constitution was attracted. in the case of yakub ibrahim, the finding was that the accused had entered india in 1957, that is, after coming into force of the amending act when the definition of the foreigner had been changed. in ..... so acquitted the respondent. feeling aggrieved, the state has filed this appeal.5. learned counsel for the state has argued that the declaration made by the central government under the citizenship act of 1955 was binding on courts and as such the respondent should have been convicted. he has placed reliance on the case of state of gujarat v. yakub ibrahim ..... u. p. v. rahmatullah : 1971crilj1103 applies on all fours to the facts of the present case. in that case also the findings were that the accused had entered india in jan. 1955, that is, before the coming into force of the citizenship act and he had, however, over-stayed beyond 25th may, 1956 although he had got an extension for staying in ..... . and district jaunpur before the migrated to pakistan. during the pendency of the trial, a declaration of the central government was made under the citizenship act by the order dated 14-2-1969 that the respondent had acquired citizenship of pakistan after 25-1-1950. it has, therefore, got to be emphasised that he had not migrated to pakistan prior to 25 .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1978Raj72
..... of the supreme court in kesavananda bharati v. state of kerala, (air 1973 sc 1461).114. in state of west bengal v. union of india, (air 1963 sc 1241, at page 1252, para 27) a contention was raised that the states constituting india were fully sovereign states. the court examined at considerable length the nature and effect of the provisions of the indian ..... people of india who as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects specified therein. the political sovereignty is distributed between, as we will presently demonstrate, the union of india and the states with greater weightage in favour of the union.'115. our ..... constitution and whether sovereignty is vested in it. the majority expressed the view as under:--'legal sovereignty of the indian nation is vested in the ..... be eligible for appointment as governor unless he is a citizen of india and has completed his age of 35 years. the eligibility of a person, therefore, depends on citizenship and age. it bars a person at the very threshold unless he possesses these two qualifications. article 158 of the constitution provides for conditions of governor's office. it lays down, inter .....Tag this Judgment!