Court : Kolkata
Decided on : Mar-10-1999
Reported in : (1999)2CALLT71(HC)
..... origin provided;(a) he/she held an indian passport at any time.(b) he/she or his/her father or grandfather was an indian citizen by virtue of constitution of india or indian citizenship act.1.2 anyone who had obtained allotment of flat/house/plot from the board on any occasion earlier will not have the eligibility to apply for the scheme ..... of one nor can impose any more stringent condition in favour of the other. in new india public school & ors. v. huda & ors. reported in 1996 (5) supreme today 756 it has been held that when the public authority discharges its public duties the word 'otherwise' would ..... in law.20. it is now a well settled principles of law in view of the decision of the apex court in ramana dayaram shetty v. i. a. authority of india reported in : (1979)iillj217sc that the state is bound to disclose the terms and conditions at the lime of issuing advertisement. it can neither later relax any condition in favour ..... thus:--1. an adult indian citizen or a foreign citizen of indian origin other than the territory now in pakistan, bangladesh, afganistan, bhutan, nepal and sri lanka, whether resident in india or outside, who does not own any house/flat/house building plot in the calcutta metropolitan area (calcutta metropolitan area means and includes calcutta corporation area and added areas namely .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-23-1999
Reported in : 1999(3)ALD407; 1999(3)ALT351
..... hyderabad, filed an affidavit in support of the relief sought for. he pleads that the scheme of constitution of india does not envisage conferment of citizenship on any foreigner and part ii of the constitution of india dealing with citizenship employs the meaning that it never intended to grant citizenship to foreigner and that indeed, the paramount intention is to guard this country from alien invasion or ..... legislative policy is within the exclusive domain of the parliament both by virtue of article 11 as also hem 17 of list i of schedule vii of the constitution of india, we hold that the provisions of the citizenship act, 1955 are unassailable. the court is not answerable to the query of (he learned counsel for the petitioner as to why indian ..... contesting any election or to hold any post including that of prime minister of india. his submission is that article 11 of the constitution cannot be stretched to grant a citizenship to any foreigner on marriage to an indian with ail rights, but such marriage can only enable the said person to stay ..... pleas, mr. v. hanumantha rao, the learned counsel appearing for the petitioner, submits that the above provisions of the citizenship act are ultra vires the constitution of india and that they should be struck down. alternatively, he pleads that even if citizenship has been granted to the 8(h respondent, it ought to have been hedged with conditions including that of prohibition of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-17-1999
Reported in : 1999IIAD(Delhi)124; 1999CriLJ3861; 78(1999)DLT442
..... appears that the plea that the petitioner had made the said applications on a wrong advice is an after thought. the petitioner having applied for indian citizenship and for grant of permission to stay in india and having acquired afghan passport repels the contention of the petitioner that he is an indian citizen. in abdus samad vs . state of west bengal, : 1973crilj1 ..... before this court, being criminal writ no. 397/98. in that writ petition the petitioner pleaded that he was born and brought up in india and was not having citizenship or nationality of any other country except india. it was also urged that the order dated may 5, 1998 was passed by the first respondent without affording him an opportunity of being heard ..... 5(1)(a) of the citizenship act, 1955, for being registered as a citizen of india, it was held that the application for registration as an indian citizen totally repels any plea of citizenship of the appellant. thus, the claim of the appellant that he had come to calcutta in 1914 and thereforee at the commencement of the constitution he became a citizen under ..... article 5(c) of the constitution, did not find favor .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-19-1999
Reported in : 1999(3)AWC1935; (1999)2UPLBEC1296
..... a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship.minority, under article 30, must necessarily mean those who form a distinct and identifiable groups of citizens of india. whether it is 'old stuff or 'new product', the object of the institution should be genuine ..... of an order passed by director of education, u. p., declaring jai narain inter college, varanasi, to be a minority institution within the meaning of article 30 of the constitution of india. the other writ petition no. 18398 of 1988 was filed by a teacher working in the said college, who was appointed as ad hoc principal of the college, questioning ..... inter college. ghazipur, has been challenged primarily on the ground that the order aforesaid has been passed in complete disregard of the provisions of article 30(1) of the constitution of india and the various judicial pronouncements interpreting the said article. the following facts are necessary to appreciate the real import of the controversy.2. there is a registered society under ..... it is now the time to consider the question whether the state government has granted minority status to the respondent-institution in accordance with the constitutional mandate contained in article 30(1) of the constitution of india and section 16ff of the act, and the guidelines issued to regulate the matter. the provisions of section 16ff of the act appear to .....Tag this Judgment!
Court : Allahabad
Decided on : May-17-1999
Reported in : 1999(3)AWC1896
..... is included in pakistan but he was a citizen of india under articles 5 and 6 of the constitution of india, the police, however, at the instigation of some inimical persons is harassing him and threatening to deport and extradite him from india ; the police is extracting illegal consideration and is insisting for a citizenship certificate even though it is not necessary for him to ..... 5 and 6 of the constitution of india and since the petitioner was born in india, he is its natural citizen ; local police has been harassing him and other pakhtoon muslim nationals residing in varanasi and insisting to show them the citizenship certificate even though not required under the constitution ; however, to avoid harassment by local police he applied to the government of west ..... have such a certificate, since he is a natural citizen of india having born here ; since he is an indian citizen, he has a fundamental right under article 19 of the constitution of india to reside and stay in any part of india and to move about under ..... articles 5 and 6 of the constitution ; since he was born in india, therefore, he is an indian national by birth ; the police at the instigation of some of his inimical persons is harassing him and threatening to deport and extradite him from india : the police is extracting illegal consideration and is insisting for a citizenship certificate though it is not necessary for .....Tag this Judgment!
Court : Orissa
Decided on : Jun-24-1999
Reported in : 1999(II)OLR347
..... on factual aspects it is necessary to take note of few statutory provisions. article 5 to 11 of the constitution deal with citizenship. article 5 provides that every person specified, who has his domicile in the territory of india at the commencement of the constitution and is covered by any of the conditions in clauses (a), (b) and (c) thereof shall be citizen of ..... of salim khan, petitioner in ojc no. 17236 of 1998 to treat salim as a citizen of india keeping in view the provisions of article 5 of the constitution of india, 1950 (in short, the 'constitution') and section 5(1)(b) and section 5(1)(c) of the citizenship act, 1955. and for a direction to the central government to adjudicate whether salim had voluntarily ..... 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired citizenship of any foreign state. constitution does not make any provision with respect to acquisition of citizenship after its commencement or the termination of citizenship or other matters relating to citizenship. under article 11, constitution expressly saves the power of parliament to make a ..... india. article 8 deals with right of citizenship of any person who or either of whose parents or any of whose grand-parents was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-15-1999
Reported in : AIR1999SC3309; JT1999(7)SC231; 1999(3)KLT487(SC); 1999(5)SCALE511; (1999)8SCC74; Supp2SCR419; 2000(1)LC51(SC)
..... it would be a matter to be decided by the authority constituted under the citizenship act and when no decision is given by the competent authority under the citizenship act, the question whether he ceased to be a citizen of india could not be adjudicated in an election petition.14. in the ..... chosen as a member of the legislative assembly as he was an undercharged insolvent within the meaning of article 191(1)(c) of the constitution of india, at the time of filing of his nomination, at the time of his election and even on the date of the filing of ..... jurisdiction exercisable under the r.p. act is a special jurisdiction conferred on the high court by virtue of article 329(b) of the constitution. therefore, even though the high court may otherwise exercise ordinary and . extraordinary jurisdiction it would be difficult to envisage a situation that while ..... how a person has acquired the citizenship of another country it shall be determined by such authority in the manner prescribed by the rules of evidence as may be prescribed in that behalf; that since by virtue of article 329(b) of the constitution all questions arising in an ..... present case, as we have explained earlier the scheme of the provisions of the insolvency act, the exclusive jurisdiction to deal with any question relating to insolvency could be adjudicated upon only by the court constituted .....Tag this Judgment!
Court : Orissa
Decided on : Feb-04-1999
Reported in : 87(1999)CLT533; 1999(I)OLR448
..... ceding a part of their sovereignty to the federal state. it has undoubtedly certain federal features but it is still not a federal state and it has only one citizenship, namely, the citizenship of india. it has also one single unified legal system which extends throughout the country. it is not possible to say that a distinct and separate system of law prevails ..... knowledge in oriya. the impugned order of the collector does not indicate anything adverse about the fact of the petitioner permanently staying at dipupara in jharsuguda town. there is neither constitutional nor legal sanction to refuse a person a certificate for his permanent residence at a particular place. language, religion and caste of one person have no nexus with one's ..... in the country where the individual resides.in para-8 of the judgment the court held as follows :'now it is clear on a reading of the constitution that it recognises only one domicile, namely, domicile in india. article 5 of the constitution is clear and explicit on this point and it refers only to one domicile, namely, 'domicile in the territory of ..... permanent place of stay. rather such considerations are against the mandate of articles 15 and 16 of the constitution as held by the apex court in the case of dr. pradeep jain and ors. v. the union of india, air 1984 sc 1421. a reading of the judgment would show as to what was stated by the court with .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-17-1999
..... 20 see cohen, discrimination against new state citizens: an update, 11 const. comm. 73, 79 (1994) ("[j]ust as it would violate the constitution to deny these new arrivals state citizenship, it would violate the constitution to concede their citizenship in name only while treating them as if they were still citizens of other states"). 21" 'congress is without power to enlist state cooperation ..... , used even stronger language to make the same point: "the states have not now, if they ever had, any power to restrict their citizenship to any classes or persons. a citizen of the united states has a perfect constitutional dred scott v. sandford, 19 how. 393 (1857), this court had limited the protection of article iv to rights under state law and ..... . thompson, 394 u. s. 618 , 641 (1969)." townsend v. swank, 404 u. s. 282 , 291 (1971). 508 the citizenship clause of that amendment is a limitation on the powers of the national government as well as the states. article i of the constitution grants congress broad power to legislate in certain areas. those legislative powers are, however, limited not only by the ..... the right to travel is, however, expressly protected by the text of the constitution. the first sentence of article iv; 2, provides: "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." thus, by virtue of a person's state citizenship, a citizen of one state who travels in other states, intending to .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-17-1999
..... . the district court granted ruhrgas' motion. noting that texas' long-arm statute authorizes personal jurisdiction to the extent allowed by the due process clause of the federal constitution, the court addressed the constitutional question and concluded that ruhrgas' contacts with texas were insufficient to support personal jurisdiction. the en banc fifth circuit vacated and remanded, holding that, in removed cases, ..... , 3 cranch 267 (1806); r. fallon, d. meltzer, & d. shapiro, hart and wechsler's the federal courts and the federal system 1528-1531 (4th ed. 1996). the foreign citizenship of defendant ruhrgas, a german corporation, and plaintiff norge, a norwegian corporation, rendered diversity incomplete. 3 title 9 u. s. c. 205 allows removal "[w]here the subject matter of ..... district court for the southern district of texas. see 145 f.3d 211 , 214 (ca5 1998). in its notice of removal, ruhrgas asserted three bases for federal jurisdiction: diversity of citizenship, see 28 u. s. c. 1332 (1994 ed. and supp. iii), on the theory that norge, the only nondiverse plaintiff, had been fraudulently 580 joined; 2 federal question, ..... that ruhrgas had diminished the value of the license norge had assigned to mpcn. ruhrgas removed the case to the district court, asserting three bases for federal jurisdiction: diversity of citizenship, see 28 u. s. c. 1332, on the theory that norge, the only nondiverse plaintiff, had been fraudulently joined; federal question, see 1331, because marathon's claims .....Tag this Judgment!