Court : Rajasthan
Decided on : Jun-11-1980
Reported in : 1980WLN(UC)318
..... the provisions of citizenship rules, 1956. the petitioners filed the present writ petition of june 5, 1980, praying the same relief which ..... writ petition, was received by the home secretary, government of india on may 24, 1980. the said application is still pending decision by the central government in accordance with ..... citizenship act, 1955 for determining the question as to whether or not they bad acquired the citizenship of pakistan and as such lost india citizenship. the said application, according to the petitioners' averments in the ..... in any case it is pre-mature. the petitioners who are admittedly pakistan passport holders and who entered india on the basis of the said passports on march 12, 1980, have since made an application dated may 21, 1980, under rule 30, citizenship rules, 1956, made by the central government in exercise of powers conferred by section 18 of the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-10-1980
Reported in : AIR1981MP26; 1981MPLJ126
..... nomination paper to be signed by one proposer who is an elector of the constituency is unconstitutional as under article 84 of the constitution a citizen of india who holds the necessary qualifications prescribed in this article is entitled to contest the election to either house of parliament. according to the ..... contained in sub-section (1), for election to the legislative assembly of sikkim (deemed to be the legislative assembly of that state duly constituted under the constitution), the nomination paper to be delivered to the returning office shall be in such form and manner as may be prescribed :provided that the ..... the hold-fag of elctions to the parliament and also matters connected with the constitution of either house of parliament. the language used in this article clearly confers wide authority on the parliament to make laws about the procedure ..... the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.'this provisions clearly confers powers on the parliament to legislate on all matters relating to or in respect of ..... stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of an allegiance or adherence to a foreign state;(e) if he .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-17-1980
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... will be sufficient to compare our preamble with the preamble to only two other constitutions by quoting them, supplying the emphasise where necessary. the preamble to our constitution, as originally enacted, provided as follows:we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic and to secure to all its citizens;justice, social, economic and political;liberty ..... the remainder of that province;.45. the constituent assembly so set up under the indian independence act adopted and enacted in the name of the people of india the constitution of india. under act. 394 of the constitution the said article 394 and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393 came ..... under either or both of these articles. the determination of this controversy involves an inquiry into the jurisdiction possessed by the existing high courts at the commencement of the constitution of india, the nature and sources of this jurisdiction and the power of the high courts to regulate the exercise of their jurisdiction, as also an inquiry into the nature ..... of the civil servants who act under them; the armed forces and the power to control them; the relations between the central government and local authorities; treaty-making power; citizenship; the raising and spending of public money; the general system of courts, and the tenure and immunities of judges; civil liberties and their limitations; the parliamentary franchise and electoral .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-1980
..... concluded by describing the rebuttable presumption of voluntariness in 1481(c). [ footnote 9 ] the secretary asserts that the 1481(c) presumption cannot survive constitutional scrutiny if we hold that intent to relinquish citizenship is a necessary element in proving expatriation. brief for appellant 26. the predicate for this assertion seems to be that 1481(c) presumes intent to ..... , 387 u. s. 268 (1967), " protect[s] every citizen of this nation against a congressional forcible destruction of his citizenship,'" and that every citizen has "`a constitutional right to remain a citizen . . . unless he voluntarily relinquishes that citizenship.'" app. to juris.statement 25a. a person of dual nationality, the district court said, "will be held to have expatriated himself ..... end, of the inquiry. it remains the task of this court to determine when those rules and standards impinge on constitutional rights. as my brother stevens indicates, the court's casual dismissal of the importance of american citizenship cannot withstand scrutiny. and the mere fact that one who has been expatriated is not locked up in a prison ..... footnote 1 ] the page 444 u. s. 255 issues in this case are whether, in establishing loss of citizenship under 1481(a)(2), a party must prove an intent to surrender united states citizenship and whether the united states constitution permits congress to legislate with respect to expatriation proceedings by providing the standard of proof and the statutory presumption contained .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-27-1980
..... or transportation of a firearm by felons, veterans who are discharged under dishonorable conditions, mental incompetents, aliens who are illegally in the country, and former citizens who have renounced their citizenship, constitutes -- " "(1) a burden on commerce or threat affecting the free flow of commerce," "(2) a threat to the safety of the president of the united states and vice ..... statute to prohibit the possession of firearms only by those who have been constitutionally convicted of a felony. the court nevertheless adopts the government's construction, relying on a supposed legislative resolve to enact a sweeping measure against the misuse of firearms. ..... as the basis for prosecution. tr. of oral arg. 29-30. the second is petitioner's -- that the predicate conviction must be not only outstanding, but also constitutionally valid. because either interpretation fairly comports with the statutory language, surely the principle of lenity requires us to resolve any doubts against the harsher alternative, and to read the ..... outstanding prior felony conviction, and that the statutory prohibition applied irrespective of whether that prior conviction was subject to collateral attack. the court of appeals also rejected lewis' constitutional argument to the effect that the use of the prior conviction as a predicate for his prosecution under 1202(a)(1) violated his rights under the fifth and sixth .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-02-1980
..... with the federal rule. under hanna, petitioner contends, the appropriate question is whether rule 3 is within the scope of the rules enabling act and, if so, within the constitutional power of congress. in petitioner's view, the federal rule is to be applied unless it violates one of those two restrictions. this argument ignores both the force of stare ..... barred in the state courts by the state statute of limitations should proceed through litigation to judgment in federal court solely because of the fortuity that there is diversity of citizenship between the litigants. the policies underlying diversity jurisdiction do not support such a distinction between state and federal plaintiffs, and erie and its progeny do not permit it. the ..... courts exercising diversity jurisdiction need not, in matters of "general jurisprudence," apply the nonstatutory law of the state. the court noted page 446 u. s. 745 that "[d]iversity of citizenship jurisdiction was conferred in order to prevent apprehended discrimination in state courts against those not citizens of the state," erie r. co. v. tompkins, supra at 304 u. s. ..... period. federal rule of civil procedure 3 provides that a civil action is commenced by filing a complaint. in this case, petitioner's personal injury action, based on diversity of citizenship, was brought against respondent m federal district court in oklahoma, and, although the complaint was filed within oklahoma's 2-year statute of limitations, service on respondent was not .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-15-1980
..... social obligation," ibid. all citizens apparently are "obliged to assist the authorities" in this way, and petitioner's failure to do so was not only "a badge of irresponsible citizenship," but constituted "antisocial conduct" as well. ante at 445 u. s. 558 , 445 u. s. 559 . the court supports its stern conclusions about petitioner's civic duty only ..... justified without additional information. [ footnote 2/6 ] the enhancement of petitioner's sentence, then, was impermissible because it may have burdened petitioner's exercise of his constitutional rights or been based on a factor unrelated to the permissible goals of sentencing. in addition, it represented an improper involvement of the judicial office in the prosecutorial function ..... inferences. at the least, sentencing judges should conduct an inquiry into the circumstances of silence where a defendant indicates before sentencing that his refusal to cooperate is prompted by constitutionally protected, or morally defensible, motives. furthermore, especially where conviction is based upon a guilty plea, it may be advisable for trial judges to raise the question of ..... even after the prosecutor observed that the failure to cooperate could be viewed as evidence of continuing criminal intent, petitioner remained silent. petitioner insists that he had a constitutional right to remain silent, and that no adverse inferences can be drawn from the exercise of that right. we find this argument singularly unpersuasive. the fifth amendment privilege .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-22-1980
..... consequences could raise a "strong inference that the adverse effects were desired," but refused to treat this presumption as conclusive in cases alleging discriminatory distribution of constitutional gratuities. i would apply the common law foreseeability presumption to the present cases. the plaintiffs surely proved that maintenance of the challenged multimember districting would have ..... vote-dilution decisions, then, involve the fundamental interest branch, rather than the antidiscrimination branch, of our jurisprudence under the equal protection clause. they recognize a substantive constitutional right to participate on an equal basis in the electoral process that cannot be denied or diminished for any reason, racial or otherwise, lacking quite substantial justification. ..... designing electoral districts along racial or religious lines." " * * * *" "when racial or religious lines are drawn by the state, the multiracial, multireligious communities that our constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion, rather than to political issues, are generated; communities seek not the best ..... they stand simply for the proposition that, "if a challenged state statute grants the right to vote to some bona fide residents of requisite age and citizenship and denies the franchise to others, the court must determine whether the exclusions are necessary to promote a compelling state interest." kramer v. union school district, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-01-1980
..... its own relocation assistance act, la.rev.stat.ann. 38:3101-3110 (west supp. 1980). the united states district court, after preliminary litigation as to the meaning of the louisiana constitution, ordered respondent to submit its claim to petitioner, and ordered that petitioner conduct a full, fair, and complete adversary hearing, retaining "jurisdiction of this case to review the administrative determination ..... u.s. 574 (1954). the railroad, pursuant to iowa law, condemned certain land. it appealed the local sheriff's award of compensation to the federal district court, alleging diversity of citizenship and seeking to limit the award. this court sustained a dismissal of the action: "the united states district court . . . does not sit to review on appeal action taken administratively . . . in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-21-1980
..... bd. of education v. spangler, which arose several years after a local desegregation plan had been implemented. [ footnote 15 ] we held in that case that the constitution does not require that a desegregation decree be modified periodically as migration patterns shift the distribution of the races within the school district. the court recognized that, absent further ..... . and students whose parents elect to live beyond the reach of the court decree lose the benefits of attending ethnically diverse schools, an experience that prepares a child for citizenship in our pluralistic society. [ footnote 18 ] iii the district court in this litigation was properly concerned over resegregation and community support for the dallas schools. [ footnote ..... u. s. 445 much of the confusion that has plagued this litigation derives from neglect of these principles. the district court failed to identify the link between the constitutional violation and the desegregation remedy, and the court of appeals showed little concern for either that problem or the question of effectiveness. unless courts carefully consider those issues ..... the school board and the court must consider many economic, social, and educational factors, and those factors vary widely from community to community. courts frequently are caught between the constitutional prohibition against segregation and the severe limitations on their ability to implement an effective plan with public support. see columbus bd. of education v. penick, 443 u. s .....Tag this Judgment!