Court : Kolkata
Reported in : AIR1961Cal299,66CWN126
..... nature of certiorari quashing theorder dated the 18th of september, 1958 rejectingthe application of the petitioner for registrationunder section 5(1)(a) of the indian citizenship act.the collector will now proceed to satisfy himselfupon proper enquiry as required by the rules and,act in accordance with law. mr. mazumdar onbehalf ..... 5(1)(a) of the indian citizenship act, to be registered as a citizen of india. section 5(1)(a) enables a person of indian origin, who is ordinarily resident in india and was so resident for 6 months prior to the making of the application, ..... the application itself is concerned, the intention is apparent that the petitioner wishes to be an indian citizen, but as to whether he intends to make india his permanent home, cannot be decided without an enquiry. in his application, the applicant has said on oath that he intends to do so. the ..... to dacca in east pakistan. there, he took out a pakistani passport declaring himself to be a pakistan citizen. he has then come back to india with a temporary visa and upon the expiry thereof he was asked to leave; but he prayed for time and finally made an application under section ..... for example, he has to satisfy himself that the person is of indian origin. secondly, that he has close connections in india. thirdly, that he has an intention to make india as his permanent home. fourthly, that he is of good character and otherwise a fit and proper person to be registered as .....Tag this Judgment!
Court : Supreme Court of India
..... from the competent court revoking the earlier declaration can always be obtained upon such declaration, the disqualification ceases. so is the case of status of undischarge insolvency and citizenship of india. the citizenship status of a person can change from time to time.35. in all the above-mentioned situations on the happening of the disqualifying event, a legislator ceases to ..... . the governor made the following order on 29.01.2015: therefore, i, ram naik, governor, uttar pradesh, upon exercising the powers under article 192(1) of the constitution of india hereby declare that shri uma shankar singh from 06.03.2012 and shri bajrang bahadur singh from 15.10.2012 have become disqualified from the membership of uttar pradesh legislative ..... .2012, he was declared elected.2. on 29.1.2015, the governor of uttar pradesh made a declaration in exercise of the authority conferred under article 192 of the constitution of india that the petitioner incurred the disqualification stipulated under section 9a of the representation of the people act, 1951 (hereinafter referred to as "the r.p. act"). such a ..... these bodies are to be conducted, the qualifications and disqualifications for seeking the membership of any one of these bodies and matters incidental thereto.12. article 173 of the constitution prescribes that persons seeking to become members of the legislative bodies must possess certain qualifications. any person who doesn't possess the qualifications mentioned in article 173 is declared .....Tag this Judgment!
Court : Supreme Court of India
..... on a clear finding recorded by this court that even when bcci is not a state within the meaning of article 12 of the constitution of india, it is amenable to the jurisdiction of the high court since it discharges public functions. that part of the controversy stands concluded by ..... whether the recommendations of the committee have the tendency to violate article 19(1)(c) or any other provision of the constitution.52. article 19(1)(c) of the constitution of india guarantees to the citizens of this country the right to form associations, unions or cooperative societies. it reads: 19. ..... objective the same is only recommendatory and ought not to be imposed on a society formed by private individuals who enjoy constitutional protection under article 19 of the constitution of india. it has also raised an issue that the committee did not give a hearing to bcci regarding the proposed recommendations. ..... , it would not be difficult for it to adopt a proper measure in that behalf by enlarging the definition of citizen prescribed by the citizenship act passed by parliament by virtue of the powers conferred on it by articles 10 and 11. on the other hand, the fact that ..... , therefore, recommends that clear principles of transparency need to be laid down and that all rules, regulations and office orders of the bcci, the constitution of the various committees, their resolutions, their expenditures on the various heads, the reports of the ombudsman, auditor, electoral officer, ethics officer and the .....Tag this Judgment!
Court : US Supreme Court
..... are entitled to the privileges of american citizens and the protection of the american government. and the citizens of any one state being entitled by the constitution to enjoy the rights of citizenship in every other state, that fact creates an interest in this particular in each other's acts which does not exist with regard to their bankrupt ..... the states unquestionably possess over their own contracts and their own citizens. follow out the contrary doctrine in its consequences and see the absurdity it will produce. the constitution has constituted courts professedly independent of state power in their judicial course, and yet the judgments of those courts are to be vacated and their prisoners set at large under the ..... establish justice" and, "to secure to themselves and their posterity the blessings of liberty." this principle is, i think, fully and completely sustained by the construction of the constitution which i have endeavored to maintain. in my judgment, the most natural and obvious import of the words themselves prohibiting the passing of laws "impairing the obligation of contracts," ..... fundamental charters. our own experience has taught us, nevertheless, that additional defenses against these dangers ought not to be omitted. very properly, therefore, has the convention added this constitutional bulwark in favor of personal security and private rights." had it been supposed that this restriction had for its object the taking from the states the right of passing insolvent .....Tag this Judgment!
Court : US Supreme Court
..... but the point made, and which immediately precedes this remark was that the law of maryland, according to which the party had taken the oaths of citizenship, had been virtually repealed by the constitution of the united states and the act of naturalization enacted by congress. the remark then was made in relation to a power which had been executed. but ..... similar authority in the states would be absolutely and totally contradictory and repugnant, there the authority to the federal government is necessarily exclusive, and the same power cannot be constitutionally exercised by the states. the exercise of the power in question by the states is totally contradictory and repugnant to the power granted to the united states. since the ..... general government to enter into such an engagement was never questioned. the objections to the surrender of the party rested upon other grounds. indeed, the whole frame of the constitution supports this construction. all the powers which relate to our foreign intercourse are confided to the general government. congress has the power to regulate commerce; to define and punish ..... import or than congress could have intended. judgments in actions of ejectment, and decrees in chancery dismissing a bill without prejudice, however deeply they might affect rights protected by the constitution, laws, or treaties of the united states, would not be subject to the revision of this court. a prohibition might issue restraining a collector from collecting duties, and this .....Tag this Judgment!
Court : US Supreme Court
..... founded. the principle upon which the opinion of the majority proceeds is, in my judgment, subversive of the rights of private property, heretofore believed to be protected by constitutional guaranties against legislative interference, and is in conflict with the authorities cited in its support. the defendants had constructed their warehouse and elevator in 1862 with their own means, ..... found in many of the states upon some or all these subjects; and we think it has never yet been successfully contended that such legislation came within any of the constitutional prohibitions against interference with private property. with the fifth amendment in force, congress, in 1820, conferred power upon the city of washington "to regulate . . . the rates of ..... several states of the union. by the fifth amendment, it was introduced into the constitution of the united states as a limitation upon the powers of the national government, and by the fourteenth, as a guaranty against any encroachment upon an acknowledged right of citizenship by the legislatures of the states. when the people of the united colonies separated ..... from great britain, they changed the form, but not the substance, of their government. they retained for the purposes of government all the powers of the british parliament, and, through their state constitutions or other forms of social compact .....Tag this Judgment!
Court : US Supreme Court
..... carriers, may be subjected to such conditions and obligations as the nature of their employment requires for the comfort, security, and safety of passengers, still the settled rules of constitutional law forbid that a state legislature may invade the dominion of private right by arbitrary restrictions requirements, or limitations, by which the property of the owners or possessors would ..... those provisions nor both combined was intended to accomplish any such purpose. enough appears in the language employed in those provisions to show that their principal object was to confer citizenship, and the rights which belong to citizens as such, upon the colored people, and in that manner to abrogate the rule previously adopted by this court in the ..... erred in deciding that those two provisions are not regulations of commerce. 3. that the court erred in deciding that those provisions are not in conflict with the federal constitution. congress, it is conceded, possesses the exclusive power to regulate commerce, and it is everywhere admitted that both traffic and navigation are included in its ordinary signification and ..... syllabus the supreme court of louisiana having decided that an act of the general assembly approved feb. 23, 1869, entitled "an act to enforce the thirteenth article of the constitution of this state, and to regulate the licenses mentioned in said thirteenth article," requires those engaged in the transportation of passengers among the states to give all persons traveling .....Tag this Judgment!
Court : Mumbai
Reported in : (1968)70BOMLR654
..... has several other consequences. one such consequence is specified in clause (1) of article 13, which lays down that all laws in force in the territory of india immediately before the commencement of the constitution are void to the extent to which they are inconsistent with fundamental rights. these laws were obviously made by the legislative bodies other than the bodies set ..... be looked at as a whole, and when so looked at it is evident, in their lordships' opinion, that the legislature did not intend to prevent indian tamils from attaining citizenship provided that they were sufficiently connected with the island.39. a similar decision was given by our supreme court in the lord krishna sugar mills ltd. v. the union of ..... considered earlier in a slightly different context. the question in that case was. whether the citizenship act, 1948, of ceylon and the ceylon (parliamentary elections) amendment act, 1949, imposed disabilities on indian tamils in ceylon and thereby violated section 29(2) of the ceylon constitution which laid down that no law of the ceylon parliament shall make persons of any community ..... liable to disabilities or restrictions to which persons of other communities are not made liable. during the course of arguments their lordships' attention was drawn to a subsequent act called indian and pakistani residents (citizenship) act, 1949, under which .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1968SC904; 2SCR133
..... of the peopleswear in the name of god------------------------- that i will bear truesolemnly affirmfaith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india.' 12. at the same time amendment was made in the form of oath to be taken after election ..... ) of art. 58(1) must be taken from there and we need not travel to cls. (a) and (b) of art. 84 in the matter of citizenship and of age of the presidential candidate. clauses (a) and (b) of art. 58(1) having made a specific provision in that behalf in our opinion exclude ..... to go to clause (a) of art. 84 for the purpose of finding out whether a person was eligible for election as president for the purpose of citizenship for that part of clause (a) of art. 84 was specifically provided for in clause (a) of art. 58(i). similarly, clause (b) of ..... been so declared by a competent court; (3) the person should not be an undischarged insolvent; (4) the person should not have voluntarily acquired the citizenship of a foreign state, or be under any acknowledgment of allegiance or adherence to a foreign state; and (5) the person should not be disqualified ..... no. 43 of 1951 provided some qualifications for membership of the house of the people, by s. 4. besides that art. 102 of the constitution provided for certain disqualifications for membership of either house of parliament and thus indirectly provided for qualifications necessary for being a member of either house of parliament .....Tag this Judgment!
Court : Delhi
Reported in : AIR1967Delhi1
..... (1905) 2 kb 730 and reference has also been made to the form of a passport in this country and to basu's commentary on the constitution of india, 4th edition, vol. v. p. 371. the decision was affirmed on letters patent appeal and the appellate bench, in addition to the decisions ..... of going out of the country for a travel abroad and of returning back could nto have been denied to the citizens of india by the framers of our constitution. the submission appears prima facie to be somewhat attractive to a democratic mind but on the plain reading of art. 21 ..... , is a political document by which the bearer is recognised in foreign countries as a citizen of the country which issued the passport. the citizenship or allegiance of the bearer is certified and the foreign powers are requested that the bearer may be allowed to pass freely and safely. no ..... passport is concerned, the decision in (1958) 2 law ed. (2d) 1204, it is ntoeworthy, described a passport as an aid in establishing citizenship for purposes of re-entry into the country; of course according to this decision, the crucial function of the issuance of a passport in the united ..... india. this according to the submission, is suggestive of restrictive intendment. our attention has also been drawn to the characteristics of a passport as stated in 40 american jurisprudence p 523, where a passport is described to be a formal document issued by a competent officer of a sovereign state to a citizen subject of the state certifying his citizenship .....Tag this Judgment!