Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Sorted by: recent Court: allahabad Page 1 of about 76 results (0.017 seconds)

Oct 04 2005 (HC)

Dr. Naresh Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(4)AWC3745; 2005(4)ESC2489

..... . v. commercial tax officer and ors. air 1963 sc 1811, with reference to the provisions of article 5 to article 11 of the constitution of india read with the citizenship act, 1955, a distinction between nationality and citizenship and between natural persons, in contradistinction to legal juristic persons, covered by the definition of 'citizens' entitled to the benefit of the fundamental rights made available ..... competent to claim the protection of article 30(1) of the constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be ..... reproduce relevant portion of the paragraph 28 of the constitutional bench judgment of the hon'ble supreme court of india in the case of st. stephen's college v. university of delhi, : air1992sc1630 , wherein it has been held as follows :'prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority .....

Tag this Judgment!

Jan 18 1968 (HC)

Rahmat Ullah Vs. State

Court : Allahabad

Reported in : AIR1969All165; 1969CriLJ450

..... of view and it was contended that it could not be relied upon on behalf of the state in proof of the citizenship of the applicant. under article 77(1) of the constitution of india all executive actions of the government of india shall be expressed to be taken in the name of the president and it was contended that even this order should ..... have been passed by the central government in the name of the president and as it was not, it is not a valid order for the determination of the citizenship of ..... , also defines 'central government' as meaning in relation to anything done or to be done after the commencement of the constitution, the president even according to this provision the authority given to the central government under rule 30 of the citizenship rules, 1956, is to be exercised by the president and when this authority is so exercised by him or by any ..... from the commencement of the act. that portion of sub-section (1) which connects the loss of citizenship of india to the date of acquisition of foreign citizenship refers to the acquisition of foreign citizenship subsequent to the commencement of the act, while the loss of citizenship of india with effect from the date of the commencement of the act relates to the acquisition of foreign .....

Tag this Judgment!

Dec 15 1965 (HC)

Rashid Hasan Roomi Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1967All154; 1967CriLJ309

..... was born of indian parents in the district of fatehpur and has been living since his birth in this country. he was here on 26th january, 1950, when the constitution of india came into force. the petitioner's father syed siddiq hasan migrated to pakistan in 1948 leaving behind the petitioner who was then a minor and his younger brothers and sisters ..... .' 14. we are, therefore, of opinion that on the facts of the present case it will not be reasonable to hold that although the petitioner was domiciled in india on the date when constitution came into force because he happened to be a minor of about 13 or 14 years on that date his domicile must be linked with that of his ..... minor his domicile is linked with that of his father and therefore he cannot be held to have domiciled in india on the 26th january, 1950, when the constitution came into force and as such cannot be held to be a citizen of india. reliance was placed by the learned counsel on the decisions reported in 1954 all lj 156 : (air 1954 all ..... father who had migrated to pakistan in the year 1948 after deserting hini in india.15. the petitioner was born of indian parents in the territory of india. he had his domicile here and at the commencement of the constitution had been ordinarily a resident in the territory of india for more than five years immediately preceding such commencement. hehas been enrolled as a .....

Tag this Judgment!

Jul 21 1965 (HC)

Hadi Hasan Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1966All127

..... to pakistan is a finding of fact that is binding on this court and cannot be challenged in a writ petition under article 226 of the constitution of india. the argument appears to be obviously misconceived. the principle that a finding of fact cannot be re-opened at the writ stage except under ..... . the matter cannot, therefore, be re-opened in these proceedings without contravening the express provisions of law as contained in section 9(2) of the citizenship act read with rule 30 framed thereunder.5. for the above reasons, i am of opinionthat this writ petition has no force. i, accordingly dismiss it ..... criminal appeal. any finding given by the sessions judge cannot, therefore, be treated binding in these proceedings. moreover, section 9(2) of the indian citizenship act states that the decision on this question is to be given by the central government; hence, in any case the finding that would be binding ..... the 28th december, 1963, and has been filed on behalf of the opposite-party. according to the said order, the petitioner has voluntarily acquired the citizenship of pakistan after the 26th january, 1950, but before the 25th may, 1955.2. the first argument of the learned counsel for the petitioner before me ..... to pakistan. there was a further prayer that in case the central government happened to pass an order under section 9(2) of the indian citizenship act during the pendency of the writ petition, the said order may also be quashed by a writ of certiorari. it appears that during the .....

Tag this Judgment!

Jul 30 1964 (HC)

Mukhtar Ahmad Vs. State of U.P. and ors.

Court : Allahabad

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!

Apr 16 1962 (HC)

Abida Khatoon and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1963All260; 1963CriLJ724

..... of loyalties to breaking point in some individual families. in these exceptional circumstances, the framers of the constitution provided that during these three years even a wife would lose her citizenship if she migrated to pakistan leaving her husband behind in india. the laws of many other countries recognise exceptions to the general rule that the domicile of the wife ..... five years). therefore loss of citizenship means the loss of the essential ingredient of citizenship-- domicile (the fact of birth or previous residence could not be ..... made compulsory in all cases without exception, and there could be no citizenship of india at the commencement of the constitution without an indian domicile. in 1951, section 3 (d) of the pakistan citizenship act provided that person who before the commencement of that act had migrated from india to pakistan with the intention of residing there permanently acquired thecitizenship of pakistan ..... such persons by enjoining that a person who acquired the citizenship of another country shall cease to be a citizen of india.but what is the legal effect of a person ceasing to be a citizen of india? we have seen that citizenship of india at the commencement of the constitution was based on two qualifications-- domicile and birth (or residence for .....

Tag this Judgment!

Jan 30 1962 (HC)

Gulam Rasool Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1962All621

..... to pakistan in 1950 and if he migrated in that year before the 26th of january he could never acquire indian citizenship under the constitution of india.under article 7 of the constitution he would be deemed never to have been a citizen of india.it was for the appellant to show that he did not in fact migrate before the 26th of january 1950 ..... only presumption would be that he tried to do so because as a result of migration he never acquired indian citizenship which means that he left india before the 26th of january 1950, and since he migrated to pakistan, article 7 of the constitution became applicable to his case. while such a possibility exists, it is impossible to hold that the appellant was ..... . that however does not militate against his declaration that he migrated to pakistan in 1950. it is quite possible that having, migrated in 1950 and having lost indian citizenship he sneaked into india sometime in 1952 and then continued to live here surreptitiously until he again sneaked back into pakistan in the year 1955. if this happened the facts as given by ..... ever a citizen of india so that even in september, 1956, when he came back to india, even though he might not have acquired citizenship of any other country and might not have become a .....

Tag this Judgment!

Oct 18 1960 (HC)

Saghir Ahmad Vs. State

Court : Allahabad

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!

Mar 04 1960 (HC)

Abdul Mannan Khan Vs. Union of India (Uoi) Through the Ministry of For ...

Court : Allahabad

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!

Aug 28 1957 (HC)

Abdul Rahman S/O, Alla Bux Vs. State of Uttar Pradesh Through Its Secr ...

Court : Allahabad

Reported in : AIR1958All165

..... a pakistan national can be determined under the provisions of the citizenship act, 1955. section 9(1) of that act clearly lays down that 'any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26 january, 1950, and ..... acquisition or, as the case may be, such commencement cease to be a citizen of india: provided that nothing in this sub-section shall apply to a citizen of india who, during any war in which india may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs.' under the provisions of this sub ..... indian national was under consideration. from the various applications and from the fact that the petitioner himself obtained a passport as a pakistan national to come to india, the petitioner's contention that all this he did under a bona fide mistake cannot be accepted. the question whether the petitioner was an indian national or ..... adopt the course laid down and prescribed by the statute and not seek a remedy by approaching this court un-der article 226 of the constitution.8. for the reasons given above, i haveseen no merits in this petition which i accordingly dismiss. ..... ordermukerji, j. 1. this is a petition by haflz ab-dul rahman under article 226 of the constitution praying for a writ of certiorari to quash an order made by respondent no. 1 and for a writ of mandamus directing the respondents, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //