Court : Allahabad
Decided on : Mar-04-1960
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
Decided on : Oct-13-1960
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
Decided on : Oct-18-1960
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 : Allahabad
Decided on : Feb-04-1960
Reported in : AIR1960All559; 1960CriLJ1176
..... india, who has; at any time between 26-1-1950, and the ..... may be assumed that he is not a citizen of india.'13. before migrating to pakistan in 1951 the petitioner was a citizen of india under article 5 of the! constitution. the question now is whether, he is still a citizen of india, notwithstanding his avowed pakistani nationality.14. sub-section (1) of section 9, citizenship act, 1955, declares inter alia that any citizen of ..... commencement of that act. voluntarily acquired the citizenship of another country, shall cease to ..... is scarcely fair for the petitioner to turn round and insist on residing in india permanently by the sanction of the court's writ,18. article 226 of the constitution is not addressed to the court in the language of an inexorable command. by it the court is constituted the; trustee of a high' power for the high purpose of maintaining equilibrity between .....Tag this Judgment!
Court : Chennai
Decided on : Mar-16-1960
Reported in : (1960)2MLJ425
..... of india came into force on 26th january, 1950, it did not mean that the laws which existed in ..... sufficient to add that ' extradition ' is a subject specifically provided for as the object of legislation, as item 18 of the seventh schedule, list i, in the constitution of india. we would also refer to section 18 of the indian extradition act itself, cited earlier.98. with regard to the effect of a pronouncement that certain provisions of this ..... india prior to the constitution, notwithstanding that they trace their origin to either indian legislatures constituted under british enactments or ..... india into two dominions.63. even after 15th august, 1947, paliament can make laws which would in england have effect with reference to indian matters. they would be laws operating otherwise ihan as part of the law of india. illustrations of this are : the citizenship act, 1949, in its impact on indians; the india and burma consequential provisions act, 1949.64. then when the constitution .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-12-1960
Reported in : AIR1960All637
..... case no justification for holding that he ever voluntarily acquired pakistan citizenship. from this it follows that he has not forfeited his indian citizenship under section 9 of the citizenship act and he is still entitled to the rights of residence and free movement in india guaranteed by article 19 of the constitution.7. a number of objections have been raised on behalf ..... the appellants' fundamental right under article 19 of the constitution. admittedly, all the appellants were citizens of india on the data when the constitution came into force and they continued to be so by reason of article 10 of the constitution of india. the act deprived them of such right, if they voluntarily acquired the citizenship of a foreign country. the rule, by the ..... device adopted, completely bars the appellants from establishing that they have not acquired the citizenship of pakistan, the irrebuttable presumption from the fact, which is not ..... on the fundamental rights of the appellants under article 19 of the constitution of india.' applying the same reasoning to the facts of the present case, i find that the petitioner was an indian citizen by birth and that the circumstances show that he did not voluntarily relinquish that citizenship or acquire pakistan nationality; yet he is debarred by the arbitrary .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-26-1960
Reported in : AIR1961MP110; 1961CriLJ516
..... knowing how long it shall continue.it, therefore, created serious doubts regarding the intention of such 'migrants' whether they wanted to be citizens of india. the constitution recognised that there was neither logic nor principle in conferring citizenship rights on persons who had deliberately chosen or may hereafter deliberately decide to choose to make some other country their home. it, therefore, provided that ..... the requirements of article 5. in his case, the position would be that he would never be deemed to have acquired the citizenship of india, in spite of the fact that he was domiciled in india at the commencement of the constitution and also fulfilled the condition of any of the clauses (a), (b) or (c) of article 5.40. the learned counsel ..... 1959shabrati s/o mangoo10.misc. pet. no. 371/1958ghulam mahmood khan93.-99. the position in cases where the petitioners concerned were citizens of india at the commencement of the constitution is that the question of termination of their citizenship can only be decided by the central government. we need, therefore, examine only those cases in which the petitioners had migrated to pakistan ..... any foreign state.' 39.as i read these provisions, their plain meaning appears to me to be this. at the commencement of the constitution, article 5 conferred citizenship on any person who had his domicile in the territory of india and who also satisfied any one of the conditions laid down in clause (a), (b) or (c) thereof. article 7 then contains .....Tag this Judgment!
Court : Kolkata
Decided on : May-05-1960
Reported in : AIR1960Cal740
..... india, and who has been ordinarily resident in the territory of india for not less than five years immediately preceding such commencement, shall be ..... be a foreigner, that is to say, not a citizen of india, it is conceded that if he is a citizen of india neither the act nor the order applies to him. the question of citizenship is dealt with in part ii of the constitution. article 5 states that at the commencement of the constitution, every person who had his domicile in the territory of ..... the partition took place, the petitioner at first provisionally opted for pakistan but thereafter changed his mind and opted for india, where in fact he has continued to remain. according to him, at the commencement of the constitution, 'he was domiciled in india and was ordinarily resident therein for not less than five years immediately preceding such commencement. in fact, according to him ..... a citizen of india. doubtlessly, this is basically a question of fact, and .....Tag this Judgment!
Court : Guwahati
Decided on : May-10-1960
..... allowed. in present case the petitioner is not challenging the validity of the order under article 226 of the constitution. he was given a notice to quit india within a month. if his case was covered by section 9 of the indian citizenship act, he had sufficient time t0 get a decision from the central government. he had violated the order and ..... five years immediately preceding the commencement of the constitution. the magistrate after consideration of the evidence has come to the conclusion that the petitioner failed to prove ..... virtue of article 5(1) of the constitution which provides that at the commencement this constitution every person who has his domicile in the territory of india and who has been ordinarily, resident in tile territory of india for not less than five years immediately preceding such commencement, shall be a citizen of india. he did, not claim indian citizenship by birth. he urged that he ..... had been resident in india for not less than .....Tag this Judgment!
Court : Orissa
Decided on : Jul-22-1960
Reported in : AIR1961Ori150; 26(1960)CLT610; 1961CriLJ353
..... is one anwar ali who though formerly a resident of kotpad migrated to pakisthan some time in 1949 and consequently lost his indian citizenship under article 7 of the constitution.2. the petitioner also went to pakisthan but returned to india with a pakisthani pass-port (ext. 7) in which he was described as a citizen of pakisthan. in the c visa affixed ..... circumstances justifying such registration, cause any minor to be registered as a citizen of india. when the petitioner's father lost his indian citizenship on his migration to pakisthan in 1949, by virtue ot article 7 of the constitution, the petitioner, as his minor son, also lost his indian citizenship and became a citizen of pakistan. he made several applications to the authorities concerned ..... for being registered as a citizen of india, but they were rejected.it is true ..... that a passport alone is no evidence of citizenship, but apart from the passport the other .....Tag this Judgment!