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 : 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 : 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!
Court : Delhi
Reported in : 100(2002)DLT78
..... only the short question which remains for consideration is whether the foreigners are entitled to the basic fundamental rights as enumerated in article 21 of the constitution or not? it is the settled position that the opportunity in consonance with the principle of natural justice will depend on the facts and circumstances of ..... any political organization nor is he a member of any organization. it is mentioned that he could have applied for indian citizenship under section 5(1)(c) of the indian citizenship act but in view of the status of nepalese under the indo-nepal friendship treaty there was no need for him do ..... pro-cpn (maoist) journal, teesaro sansar. their photographs and other details are in the confidential file of the respondent. they were all given 'quit india' notices. they were allowed to meet their counsel and thereafter they have been deported to nepal.9. it may be pertinent to mention that the abnes ..... nepal.3. in the petition it is prayed that a writ, order or direction in the nature of certiorari be issued for quashing the 'quit india' notices. it is also prayed that the writ of quo warranto seeking the authority by which the respondents have/are about to deport partha chhetri ..... foreigners act. it is incorporated in the petition filed on 12.7.2002 that the morning newspapers published that they have been served with 'quit india' notices. it is also mentioned in the petition that to the best of the petitioner's knowledge partha chhetri is an indian citizen hailing from .....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!