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 : 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!
Court : Andhra Pradesh
Reported in : AIR1960AP106
..... relevant provisions of the constitution of india and the citizenship act of 1955. articles 3 - 11 deal with the criteria for the ascertainment ..... five years immediately preceding such commencement shall be a citizen of india.article 6 deals with the rights of citizenship at the commencement of the constitution of certain persons who have migrated to india from pakistan. while article 7 lays down the test for ascertaining the rights of citizenship of certain migrants to pakistan after the 1st day of march, ..... of citizenship at the commencement of the constitution. article 5 provides that at the commencement of the constitution, every person who has his ..... which amounted to a renunciation or termination of their citizenship of india, nor did they acquire the citizenship of any other country. 4. the main question in these writ petitions is whether the petitioners are citizens of india entitled to exercise the fundamental rights under article 19 of the constitution of india. the answer to this question would depend upon the .....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 : Allahabad
Reported in : AIR1960All565
..... himself recorded as a citizen of india and therefore he applied on 20-8-56 for the grant of certificate of naturalization ..... under act lvii of 1955 and got a notice published in the daily bharat of varanasi dated 9th and 11th december 1956. the afore-said application for citizenship was rejected by the government of india, and information was communicated to the petitioner by office memorandum no. 556 cp/viii-d dated 28-6-57 by the under secretary of the home department ..... of leaving the place. during the 30 years' stay in india he has hardly visited afghanistan six times, and during the last 22 years he probably visited only twice or thrice. after the coming of the constitution, the petitioner considered himself to be a domicile of india and its citizen.when the citizenship act of 1955 came into force, the petitioner thought of getting ..... 5(1)(c) of the constitution of india. it was further contended that it was only the union government, who could direct his deportation and such power could not be exercised by the senior superintendent of police; therefore this writ petition has been filed.2. a revision was also filed by the petitioner under section 6 of the citizenship act, but he received .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1961Guj109; (1961)GLR57
..... force or compulsion is irrelevant. it is nobody's case that he got himself registered for the purpose of renouncing his citizenship of india. he, therefore, continued to be a citizen of india as laid down in arts. 5 and 10 of the constitution until september 1953 when he was deported. it is not in dispute that when he went to pakistan he did ..... another country, shall upon such acquisition or as the case may be, suchcommencement, cease to be a citizen of india. ac-cording to the respondents, the appellant in this case acquired the citizenship of pakistan before the act came into operation, but, after the constitution came into force. sub-sections (2), of section9 then provides that if any question arises as to whether ..... the jurisdiction of civil courts to decide the question whether a person has lost his citizenship by acquiring the citizenship of another country. as i have pointed out, article 10 of the; constitution categorically lays down that every person who is or is deemed to be a citizen of india shall continue to be a citizen subject to the provisions of any law that ..... was in error who on a mere consideration of article 5 of the constitution has held that the appellant was not a citizen of india. 9. it was, however contended by mr. nanavati that appellant had after his deportation to pakistan acquired citizenship of that country and thereby lost is citizenship of this country. he-based this argument upon the fact that alter the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All507; 1961CriLJ441
..... , amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.'no ruling has been cited before me in which any contrary opinion has been expressed tegarding the constitutional validity of the aforesaid schedule iii of the citizenship rules.6. i should not be understood as laying downthe proposition that in no case the obtaining ..... in my opinion clause 3 and clauses 5(b) and (d) of schedule iii of tile citizenship rules, which in many cases would result in summarily depriving an indian ..... such acquisition by virtue of section 9(1) of the citizenship act involves automatic termination of indian citizenship. the question is, can an indian citizen be deprived of his fundamental rights (including the right of residing and settling in any part of india, guaranteed by article 19 of the constitution) in this arbitrary and wholly unreasonable fashion?i cannot countenance such a position and .....Tag this Judgment!
Court : Orissa
Reported in : AIR1961Ori174; 1961CriLJ658
..... and in his application for b visa he described himself as a pakistan national and wanted permission to visit india for a period of one year, to see his parents.by virtue of article 7 of the constitution he clearly lost his indian citizenship when he stayed in pakisthan after attaining majority. the true meaning of the expression 'migrated from the territory of ..... residing in that country permanently when he went there and accepted a government service, was not stated in the affidavit. the legal position therefore is that though a citizen of india the petitioner lost his citizenship by virtue of article 7 of the constitution when he went to east pakistan and remained there even after attaining majority.if after his return to ..... : india' occurring in article 7 of the constitution has been explained by their lordships of the supreme court in a very recent (unreported ..... india he wanted to acquire indian citizenship, it was open to him to apply to the authorities concerned, under section 5 of the citizenship act. section 9(1) of that act makes it 'clear that once a citizen of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
..... india and -(a) who was born in the territory of india; or (b) either of whose parents was born in the ..... parliament. but on the question as to who is a citizen of india on the date of the constitution, the constitution is the sole law. the citizenship act refers to citizenship after the commencement of the constitution and on the question as to who is a citizen of india on the date of the constitution, we have to read for purposes of this appeal articles 5, 7 ..... derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship'.article 10 of the constitution provides that every person who is deemed to be a citizen of india under the constitution shall continue to be such citizen, subject to the provisions of any law that may be made ..... , therefore, on the respondent to prove that he was a citizen of india on 13-10-1957. at this stage, it is necessary to turn to the relevant provisions m the constitution of india and the citizenship act referring to citizenship. article 3 of the constitution of india provides that -'at the commencement of this constitution, every person who has his domicile in the territory of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1962All621
..... to pakistan in 1950 and if he migrated in that year before the 26th of january he could never acquire indian citizenship under the constitution of india.under article 7 of the constitution he would be deemed never to have been a citizen of india.it was for the appellant to show that he did not in fact migrate before the 26th of january 1950 ..... only presumption would be that he tried to do so because as a result of migration he never acquired indian citizenship which means that he left india before the 26th of january 1950, and since he migrated to pakistan, article 7 of the constitution became applicable to his case. while such a possibility exists, it is impossible to hold that the appellant was ..... . that however does not militate against his declaration that he migrated to pakistan in 1950. it is quite possible that having, migrated in 1950 and having lost indian citizenship he sneaked into india sometime in 1952 and then continued to live here surreptitiously until he again sneaked back into pakistan in the year 1955. if this happened the facts as given by ..... ever a citizen of india so that even in september, 1956, when he came back to india, even though he might not have acquired citizenship of any other country and might not have become a .....Tag this Judgment!