Court : Allahabad
Decided on : Jul-30-1964
Reported in : AIR1965All191; [1968(16)FLR413]
..... dismissed. 5. on behalf of the detenue it was urged that he was a minor on the date he left india for pakistan and that on 26-1-1950 when the constitution of india came into force he was under a disability and, as such, did not possess the animus required for acquiring domicile ..... of any foreign state. the fact that the petitioner had come out to india on a pakistani passport on which ..... paragraph 9 of the said application it was stated that he had previously moved an application under section 5(1) of the citizenship act for registration as a citizen of india but he had received no intimation of the decision of the government thereon. it appears that by an order dated 31-12-1958 ..... of india on 26-1-1950 when the constitution came into force, he had ceased to be such by reason of the provisions of article 9 of the constitution which provides that no person shall be deemed to be citizen of india by virtue of article 6 and article 8 if he has voluntarily acquired the citizenship ..... the constitution that fall within the scope of article 7'.8. the point as to whether a person has voluntarily acquirerd citizenship of a foreign state after 26-1-1950 is one which falls to be determinedby the central government, under section 9(2) 31' citizenship act. the fact that the petitioner entered india on .....Tag this Judgment!