Court : Guwahati
Decided on : Mar-10-2004
..... not produced anything to prove their citizenship of india even in the writ proceeding. this naturally casts a serious doubt regarding the ..... petitioners have got remedy under the provisions of the customs act, 1962 itself. it will be a wise discretion not to exercise the power under article 226 of the constitution of india so as to interfere with the confiscation proceedings, which culminated to the aforesaid final adjudication orders. there is also no challenge to the same. the petitioners even after ..... veracity of the statement that the petitioners belong to mizoram, india and that they did not receive any notice relating ..... mentioning anything as to whether they have acquired indian citizenship. this is precisely the reason as to why there is no statement in the writ petition to the effect that the petitioners are citizens of india which statement is normally made in a writ petition. they have only referred to the constitution of india for protection of life and property. they have also .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-17-2004
Reported in : (2004)2UPLBEC1150
..... 9146 of 1978--v.k. jain v. chief justice and ors., considered the question of eligibility, at the time of submitting application for seeking appointment under article 233(2), constitution of india.respondent seek to place reliance on the following observation in the said judgment of satya narain singh (supra) which read :'in our opinion, the rules contemplate that pleaders and ..... a decision on the question arising in the present case, i.e. whether a candidate should continue to be advocate throughout 'selection process', under article 233(2) of the constitution of india. the aforesaid case is distinguishable of facts. supreme court, in para 12 of the above judgment observed :'12. learned counsel for the appellant has also drawn our attention to ..... , submits and expression 'recruitment' and 'appointment' are synonymous and the two, in given context, may of same connotation, he argued that the word 'appointed' appearing in article 233, constitution of india includes both 'appointment' and process of 'recruitment'. it is also argued that expression 'has been for not less man seven years an advocate' is to be interpreted and read as ..... as a judge of a high court, and has submitted that where the constitution makers thought it necessary they specifically provided for counting the period in a high court which was formally in india. articles 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of article 233, and we do not think .....Tag this Judgment!
Court : Allahabad
Decided on : May-04-2004
Reported in : (2004)3UPLBEC3070
..... . if the son of an englishman is born upon a journey, his domicile will follow that of his father.'(7) it was argued that under the constitution there can be only a single citizenship for the whole of india, and that it would run counter to that notion to hold that the state could make laws based on domicile within their territory. but ..... within their own territorial jurisdiction subject to constitutional limitations. there is nothing in our constitution like domicile of state, the citizenship and domicile both are different things/article 5 of the constitution deals with citizenship and comicile. for convenience article 5 of the constitution of india is reproduced as under :-'article 5. citizenship at the commencement of the constitution.-at commencement of this constitution every person who has his domicile ..... in the territory of india and(a) who was born in the territory of india; or(b) either of whose parents was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-07-2004
Reported in : 2004(1)SCALE224; (2004)3SCC1; 134STC473(SC)
..... section 3 or under section 4 of the central sales tax act, 1956, is arbitrary, unworkable and ultra vires articles 14, 19(1)(g) and chapter xiii of the constitution of india, in matters involving elements of transactions taking place in more than one state.background facts:civil appeal no. 976-979 of 20014. the appellants herein are engaged in manufacture of .....Tag this Judgment!
Court : Chennai
Decided on : Feb-09-2004
Reported in : (2004)2MLJ238
..... case it was held that a member of the legislative assembly, who has been appointed honorary consul of a foreign country, incurs disqualification under article 191(1)(d) of the constitution of india. 8. the facts of the present case attract the legal principles enunciated by the supreme court in belagali's case (supra), which was approved by a larger bench in ..... non - resident indian cannot contest election, as the prerequisite for being a voter and a contestant is the residence in india and not outside the country. dr. subramanian swamy invokes the provision contained in article 102(1)(d) of the constitution for disqualifying the first respondent from continuing him further as a member of lok sabha. the above article reads,'a person ..... by a division bench of this court in mrs. anuradha v. the joint secretary to the government of india, ministry of finance and another (h.c.p. no.240 of 1996, dated 27.08.1996). he also relies upon the judgment of the constitutional bench of the supreme court in hari prasad's case (supra) laying down the proposition that the high ..... shall be disqualified for being chosen as and for being a member of either houses of parliament if he is not a citizen of india or has voluntarily acquired the citizenship of a foreign state or .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-30-2004
Reported in : 2004(2)ALD157; 2004(4)ALT14
..... certificate of social status and it is pending enquiry. since the first respondent does not belong to any of the tribes specified in the schedule under article 342 of the constitution of india, he is not entitled to be a candidate from 8 naguru (st) legislative assembly constituency and his nomination was improperly accepted. the courts have no power to declare ..... cannot be looked into. the first respondent cannot be allowed to obtain a certificate of social status basing on a void judgment. the first respondent played fraud on the constitution of india and deceived the voters of 8 naguru (st) constituency knowing fully well that he does not belong to scheduled tribe. he gave an impression to the people that he ..... is evidence against him in an election petition, the evidence is not conclusive. the supreme court referred to clause (2) of an order called the constitution (scheduled tribes) order, 1950 issued by the president of india in exercise of the powers conferred under article 342 provided as under:the tribes or tribal communities, or pails of, or groups within, tribes or ..... was challenged on the ground that he does not belong to 'koya' scheduled tribe mentioned in the constitution (scheduled tribes) order and therefore her election from the bhadrachalam scheduled tribes parliamentary constituency was void. the entries in birth register, school records. national citizenship register, tahsildar's certificate as well as the school records of her brother and sister establishing that the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-05-2004
Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)
..... exercise of self-restraint, thus, should be adhered to, subject to course to, just exceptions.' 23. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states:'however, this concept of democracy as rights-based with limited governmental power, and in particular of the ..... act and since no rules had been framed by the central government with regard to the disposal of the urban agricultural property forming part of the compensation pool, the authority constituted under the act had no jurisdiction to dispose of urban agricultural property by auction sale. unless rules were framed as contemplated by the act, according to the high court the ..... validly. it steps in by way of a judicial review over the orders passed. existence of alternative remedy albeit is no bar to exercise jurisdiction under article 226 of the constitution of india but ordinarily it will not do so unless it is found that an order has been passed wholly without jurisdiction or contradictory to the ..... constitutional or statutory provisions or where an order has been passed without complying with the principles of natural justice. (see whirlpool corporation v. registrar of trade marks, mumbai and ors. : air1999sc22 . .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-2004
Reported in : AIR2004SC2236; 2004(4)ALD50(SC); 2004(5)ALLMR(SC)894; 111(2004)DLT317(SC); [2004(3)JCR113(SC)]; JT2004(Suppl1)SC362; RLW2004(3)SC341; 2004(5)SCALE170; (2004)5SCC583; (2004)
..... ) had upheld the rights of the minorities and unaided private institutions to generate a reasonable surplus for future development of education. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states: "however, this concept of democracy as rights-based with limited governmental power, and in particular of ..... in the field should be loathe to impose any further restrictions. this court normally does not pass an order even in exercise of its jurisdiction under article 142 of the constitution of india which would be contrary to the law. (see government of west bengal vs. tarun k. roy and ors. 2003 (9) scale 671, paragraphs 32 to 34 and jamshed ..... . pai foundation and others vs. state of karnataka and others [(2002) 8 scc 481]. the fundamental right to establish educational institution as contained in article 19(1)(g) of the constitution of india would, however, be subject only to the reasonable restrictions which may be imposed by any law in terms of clause (6) thereof. the act is a law regulating education ..... have a duty to impart education and particularly primary education having regard to the fact that the same is a fundamental right within the meaning of article 21 of the constitution of india, but as the government had neither resources nor the ability to provide for the same, it appears, the legislature permitted the societies/trusts to establish the educational institutions from .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-17-2004
..... allow that would support article iii jurisdiction in the particular case, all laws bearing upon the diversity question. whether the constitution requires it or not, carden is the subconstitutional rule by which we determine the citizenship of a partnership and in this case it leads to the conclusion that there were no opposing parties who were not cocitizens. footnote 7 the ..... our decision in caterpillar inc. v. lewis , 519 u. s. 61 (1996), it held that the conclusiveness of citizenship at the time of filing was subject to exception when the following conditions are satisfied: (1) [a]n action is filed or removed when constitutional and/or statutory jurisdictional requirements are not met, (2) neither the parties nor the judge raise the error ..... action had been converted to complete diversity between the remaining parties to the final judgment ). it bears clarification why this case, in common with caterpillar and newman-green , met the constitutional requirement of minimal diversity at the onset of the litigation. true, atlas case involves a partnership, while the diversity spoiler in caterpillar was a corporation and in newman-green , ..... at the time of the action brought, and that after vesting, it cannot be ousted by subsequent events. he did not extract this practical time-of-filing rule from any constitutional or statutory text. in contrast, 18 years earlier, marshall had derived the complete-diversity rule from the text of the 1789 judiciary act, and so stated in strawbridge v. .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-17-2004
..... much of its force once the south carolina and morgan cases decided that the power to enforce embraces any measure appropriate to effectuating the performance of the state s constitutional duty. foreword: constitutional adjudication and the promotion of human rights, 80 harv. l. rev. 91, 110 111 (1966). however, south carolina and morgan , all of our later cases except hibbs that ..... me not conducive to a harmonious federal system to require congress, before it exercises authority under 5 of the fourteenth amendment, essentially to indict each state for disregarding the equal-citizenship stature of persons with disabilities. but see post , at 11 (scalia, j., dissenting) ( congress may impose prophylactic 5 legislation only upon those particular states in which there has been ..... life i join the court s opinion. the americans with disabilities act of 1990 (ada or act), 42 u. s. c. 12101 12213, is a measure expected to advance equal-citizenship stature for persons with disabilities. see bagenstos, subordination, stigma, and disability, 86 va. l. rev. 397, 471 (2000) (ada aims both to guarante[e] a baseline of equal ..... citizenship by protecting against stigma and systematic exclusion from public and private opportunities, and [to] protec[t] society against the loss of valuable talents ). as the court s opinion relates, see .....Tag this Judgment!