Court : Orissa
Decided on : Nov-30-1964
Reported in : AIR1965Ori145; 1965CriLJ232
..... rules, it would not be open, to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country. a decision by the government of india is a condition precedent in that behalf. in the present case the learned magistrate was justified in his finding that at this stage ..... , that he is an indian citizen. the prosecution has led no evidence to prove that the accused has lost his indian citizenship. he has properties in india and his wife in india. there is no evidence as to when he bad left india. 8. as regards the pakisthani passport, itby itself does not show that he is a pakisthani national. their loraships of the ..... which article 7 of the constitution refers must have taken place between march 1, 1947 and january 26, 1950. article 9 provides that no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article & if he has voluntarily acquired the citizenship of any foreign state. casual ..... the question as to whether the accused was an indian citizen within the meaning of article 5 of the constitution, the onus of proof will have to be placed on the accused to show that he was domiciled in the territory of india on january 25, 1950 and that he satisfied one of the three conditions prescribed by clauses (a), (b) and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-22-1964
..... of the civil war amendments, page 378 u. s. 301 was obviously designed to overrule dred scott v. sandford, 19 how. 393, and to ensure that the constitutional concept of citizenship with all attendant rights and privileges would henceforth embrace negroes. it follows that negroes, as citizens, necessarily became entitled to share the right, customarily possessed by other citizens, ..... in these times, that right is, indeed, practically indispensable to travel, either interstate or intrastate. v the requirement of equal protection, like the guarantee of privileges and immunities of citizenship, is a constitutional command directed to each state. state judicial action is as clearly "state" action as state administrative action. indeed, we held in shelley v. kraemer, 334 u. s. 1 ..... spoke of the "free air" of american life. the great purpose of the fourteenth amendment is to keep it free and equal. under the constitution, no american can, or should, be denied rights fundamental to freedom and citizenship. i therefore join in reversing these trespass convictions. [ footnote 5/1 ] see generally flack, the adoption of the fourteenth amendment (1908); harris ..... tables reserved for whites. in upholding the plaintiff's claim, the michigan court observed: "the negro is now, by the constitution of the united states, given full citizenship with the white man, and all the rights and privileges of citizenship attend him wherever he goes. whatever right a white man page 378 u. s. 302 has in a public place, .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-26-1964
Reported in : AIR1966Kant100; AIR1966Mys100; (1965)1MysLJ577
..... territory of india and-- (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of ..... the then existing multitude of domiciles and so it became impossible for a citizen of india to have any other domicile than the indian domicile. it was said that art. 5 of the constitution which recognizes only the domicile in the territories of india which creates citizenship excludes the concept of a domicile in the various states comprising the union territory. article ..... 5 of the constitution reads:citizenship at the commencement of the constitution--'5. at the commencement of the constitution, every person who has his domicile in the ..... clear that after the emergence of the union under the constitution every person who has a domicile in the territory of india and who falls within one or more of the three clauses to that article acquires the citizenship of india.(13) it is clear that this article mainly concerns itself with citizenship for the acquisition of which a domicile in the .....Tag this Judgment!
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!
Court : Madhya Pradesh
Decided on : Aug-05-1964
Reported in : AIR1965MP15; 1964MPLJ893
..... 266, which has theeffect of either reviving or leaving the controversy beforethe inferior tribunal for adjudication, can be regarded asa judgment or final order under article 133 of the constitution?' the full bench answered the question by saying that proceedings under article 226 are original in nature and must be distinguished from proceedings of the high court in appellate jurisdiction ..... , freedom of movement, freeedom of speech and expression, freedom of assembly, freedom of association and freedom of trade, profession or business, or relates to civil rights which appertain to citizenship, or relates to a statutory right of civil nature which s citizen has, then clearly the proceedings under article 226 are civil proceedings.it makes no difference to the nature ..... english courts, it is modelled on the saidwrits mainly to enable the high courts to keep the subordinate tribunals within bounds.' the supreme court then pointed out that before the constitution, the chartered high courts were issuing prerogative writs similar to those issued by the king's bench division, subject to the same limitations imposed on the said writs, noted ..... final order has been considered in a number of cases. while considering this question with reference to section 205 of the government of india act, 1935, the federal court said in mohd. amin bros. ltd. v. dominion of india, air 1950 fc 77 that-'the expression 'final order' has been used in contradistinction to what is known as 'interlocutory order' and .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-05-1964
Reported in : 1966CriLJ210
..... but that is not sufficient to prove citizenship at the date of the prosecution or at the date of the commencement of the constitution of india. article 5 of the constitution reads as follows:at the commencement of this constitution, every person who has his domicile in the territory of india and--(a) who was born in ..... that he was a citizen of india at the time of the prosecution. there cannot be oral evidence on the point of citizenship, although there can be oral evidence as to the ..... satisfied in this case. but the respondent has not proved that he had his domicile in the territory of india at the commencement of the constitution. he relied on an entry in a school register, but this relates to the year 1938, because it is stated in the certificate ..... of the requirements of article 5 of the constitution, namely, that the respondent had his domicile in the territory of india at the commencement of the constitution. the respondent has, therefore, failed to prove that he was a citizen of india at the commencement of the constitution. he has not led any evidence to prove ..... this article, therefore, two things must be proved, namely, that the person has his domicile in the territory of india at the commencement of the constitution, and secondly one of the things referred to in clauses (a) or (b) or (c). the second requirement has been .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-01-1964
Reported in : AIR1965Cal302,1965CriLJ676,69CWN126
..... the division bench with the foregoing observation, per bachawat, j.14. in my opinion, article 7 of the constitution applies in this case, and the petitioner cannot, therefore, be deemed to be a citizen of india under article 5. section 9(2) of the citizenship act is not also applicable, for the same reason.15. this application must, accordingly, fail. in view of ..... government under section 9(2) of the citizenship act, and that the rejection of his application under section 5(1) by the state government ..... as clause (b) of article 5.6. but, even where article 5 is prima facie attracted, a person cannot be held to have been a citizen of india at the commencement of the constitution in a case where article 7 is applicable. in short, article 5 is subject to and controlled by article 7, and so it has been held by the ..... and this has bean followed by the impugned order to quit india, which was served on the petitioner on 26-8-1962.4. the primary ground upon which the petitioner challenges the impugned order is that he is a citizen of india under article 5 of the constitution and that, accordingly, that citizenship can be terminated only by a determination made by the central .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-28-1964
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... by notification in the official gazette direct in respect of each such rating area.(67) no other state, before the people of india gave to themselves this constitution of india, ever conceived the idea of levying a parallel tax on lands and buildings situate within the jurisdiction of municipalities and corporations.(68) ..... the learned advocate-general and his contentions were, that the impugned act falls within entry 49 0f list ii of schedule vii of the constitution of india, and that the basis of levy, is the total floorage area and not the capital or rental value, does not take the tax ..... is arbitrary and has resulted in malapportiontment of the tax burden and therefore, the act violates articles 14 and 19(1)(f) of the constitution of india. (47) grounds i and ii formulated above, cover questions i, ii and vii formulated by my learned brother.(48) the petitions have been ..... is far greater than the rulings of the inter-state commerce commission in united states of america, because the finance commission under our constitution is constituted under the constitution, while the inter-state commerce commission is created by an act of the congress. it must be remembered that the rajya sabha which ..... , whose welfare has been constantly in our minds during the whole course of our discussions, can be trained in those qualities of responsible citizenship which may hereafter entitle them to the full provincial franchise. these are matters upon which indians must form their own conclusions; but we .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-13-1964
Reported in : AIR1965AP294; 1965CriLJ180
..... detained and subsequently seized under s. 110(3) of the act. examination of those documents indicated that the said durga prasad had resorted to dealings constituting breaches of the customs regulations and the regulations under the foreign exchange regulation act on a large scale. in this context were found entries referring to ..... opinion, this approach is from a wrong perspective. whenever invasion of liberty and freedom is complained, there is an obvious tendency to forget the corresponding obligations of citizenship. there is no such immunity in our indian law from search or seizure ..........................' (49) the learned government pleader concedes that, for purpose of section 105 ..... export of goods of any special description. (2) the purposes referred to in sub-section (1) are the following:- (a) the maintenance of the security of india. (b) the maintenance of public order and standards of decency or morality ......................... (c) the prevention of smuggling ............... (d) the prevention of the contravention of any ..... entitled to make copies thereof or take extracts therefrom in the presence of an officer of customs. section 111. the following goods brought from a place outside india shall be liable to confiscation.................. section 160(1). the enactments specified in this schedule are hereby repealed to the extent mentioned in the fourth column thereof...................................................................................................... .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-1964
Reported in : AIR1965Cal1,1965CriLJ22,68CWN1140
..... decision. 7. mr. ali appearing for the appellant contended that since the appellant was born in bir-bhum which is a part of india he was originally an indian citizen at the commencement of the constitution. therefore, whether his citizenship terminated by reason of his taking a pakistani passport is a matter which only the central government can decide. this veiw ignores article ..... applies only in the case of a person who was originally a citizen of india. the constitution of india does not favour plural or dual citizenship. with regard to the period prior to the commencement of the constitution, article 9 of the constitution provides that a person who had voluntarily acquired the citizenship of a foreign country cannot have the status of an indian citizen. with regard ..... under section 5(1)(a) can be made only by a person who is not a citizen of india by virtue of the constitution of india or by virtue of any other provision of the citizenship act and who wishes to register himself as a citizen of india. the question whether the appellant had migrated to pakistan or not is also a question of fact ..... to the period subsequent to the commencement of the constitution, section 9(1) of the citizenship act provides that if an indian citizen acquires foreign citizenship either as a result of naturalization or of registration or of any other method of voluntary acquisition of such citizenship, he ceases to be a citizen of india. it is only in cases where a dispute arises as .....Tag this Judgment!