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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Sorted by: recent Court: gujarat Page 1 of about 33 results (0.014 seconds)

Feb 17 1993 (HC)

Sejal Vikrambhai Patel and Etc. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR1993Guj150; (1993)1GLR602

..... arbitrary, unreasonable or capricious. mr. dave further submitted that the third respondent has rightly observed in the impugned order that the concept of dual citizenship has not been accepted either under the constitution of india or under the citizenship act. mr. dave made a statement under the instructions of the third respondent that if the petitioner will produce necessary certificate in accordance with ..... submitted that if the interpretation of rule 1.4 put forward by the respondent authorities is accepted, the rule would be ultra vires the citizenship act, 1955 as also articles 14 and 21 of the constitution of india being arbitrary and unreasonable. mr. desai also submitted that the impugned action requires to be set aside on the ground that the authorities have ..... to make for the purpose of granting or refusing admission to the applicant, mr. desai submitted that looking to the provisions of the constitution as well as the citizenship act, the petitioner can be said to be a citizen of india and, therefore, is entitled to get admission on that basis. mr. desai, therefore, prayed that the petition requires to be ..... 9 of the act. (xi) the direction of the authority that the petitioner should make application for certificate of acquisition of citizenship is illegal, unreasonable dehors the act and rules and violative of articles 14 and 21 of the constitution of india. 23. a similar question arose before the supreme court in shah mohammad's case 0065/1969 : [1969]3scr1006 (supra). .....

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Sep 10 1963 (HC)

Habatullah Haji Fazale HussaIn Vs. the State

Court : Gujarat

Reported in : AIR1964Guj128; 1964CriLJ24; (1964)0GLR273

..... question does not survive in view of our conclusion on the question of migration. if petitioner had succeeded in proving that he had become a citizen of india under the constitution, the question whether his citizenship has or has not been terminated by the central government would have been material.20. the fourth point raised by mr. nanavaty has also no substance. it ..... . the main contention of the and respondent is that although the case of the petitioner fell directly within the purview of article 5 of the constitution of india, the petitioner still did not acquire citizenship of india because his case, directly fell within the purview of article 7. that article is as follows:'notwithstanding anything in articles 5 and 6, a person who has ..... for us to decide that question in the present petition. therefore, arguments were addressed on the subject of the petitioner having acquired the citizenship of india under the constitution on the basis that the petitioner had, in fact, departed from india on the 13th of february, 1948, in such a way that normally he would lose his domicile. but, the contention of the ..... of his father's sister, and that, therefore, the case of petitioners did not fall within the purview of article 7 of the constitution of india; (3) that petitioner remains a citizen of india under article 5 of the constitution inasmuch as no order, depriving him of his citizenship, has been passed by the central government under section 9, sub-section (2) of the indian .....

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Sep 12 1961 (HC)

State Vs. Abdul Suttar Haji Ibrahim Patel

Court : Gujarat

Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073

..... india and -(a) who was born in the territory of india; or (b) either of whose parents was born in the ..... parliament. but on the question as to who is a citizen of india on the date of the constitution, the constitution is the sole law. the citizenship act refers to citizenship after the commencement of the constitution and on the question as to who is a citizen of india on the date of the constitution, we have to read for purposes of this appeal articles 5, 7 ..... derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship'.article 10 of the constitution provides that every person who is deemed to be a citizen of india under the constitution shall continue to be such citizen, subject to the provisions of any law that may be made ..... , therefore, on the respondent to prove that he was a citizen of india on 13-10-1957. at this stage, it is necessary to turn to the relevant provisions m the constitution of india and the citizenship act referring to citizenship. article 3 of the constitution of india provides that -'at the commencement of this constitution, every person who has his domicile in the territory of .....

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Oct 13 1960 (HC)

Bhaktiarkhan Khwaja Nausadkhan Vs. the Union of India (Uoi) and anr.

Court : Gujarat

Reported in : AIR1961Guj109; (1961)GLR57

..... force or compulsion is irrelevant. it is nobody's case that he got himself registered for the purpose of renouncing his citizenship of india. he, therefore, continued to be a citizen of india as laid down in arts. 5 and 10 of the constitution until september 1953 when he was deported. it is not in dispute that when he went to pakistan he did ..... another country, shall upon such acquisition or as the case may be, suchcommencement, cease to be a citizen of india. ac-cording to the respondents, the appellant in this case acquired the citizenship of pakistan before the act came into operation, but, after the constitution came into force. sub-sections (2), of section9 then provides that if any question arises as to whether ..... the jurisdiction of civil courts to decide the question whether a person has lost his citizenship by acquiring the citizenship of another country. as i have pointed out, article 10 of the; constitution categorically lays down that every person who is or is deemed to be a citizen of india shall continue to be a citizen subject to the provisions of any law that ..... was in error who on a mere consideration of article 5 of the constitution has held that the appellant was not a citizen of india. 9. it was, however contended by mr. nanavati that appellant had after his deportation to pakistan acquired citizenship of that country and thereby lost is citizenship of this country. he-based this argument upon the fact that alter the .....

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Jan 23 2013 (HC)

State of Gujarat Vs. Kayamali Hasimbhai Electricwala and Another

Court : Gujarat

..... before. the new procedure would itself become the "procedure established by law" within the meaning of article 21 of the constitution. therefore even on the assumption that loss of indian citizenship with consequent deportation may involve loss of personal liberty within the meaning of art. 21, it is not possible to hold ..... decree dated 8.11.1966. it is further averred by the plaintiff that if the defendants are saying that the plaintiff has lost the citizenship of india and acquired citizenship of another country, it is the duty of the defendants to get such issue decided by the central government under section 9(2) ..... ii) or has voluntarily acquired the citizenship of a foreign state or (iii) is under any ..... indian citizenship on the acquisition of the citizenship of a foreign country. sub-clause (d) of cl. (1) of art. 102 of the constitution provides that a person shall be disqualified for being chosen as and for being a member of either house of parliament (i) if he is not a citizen of india, ( ..... acknowledgement of allegiance or adherence to a foreign state. we are concerned here with a case falling under cl. (ii) and that question has to be decided by virtue of art. 11 of the constitution and .....

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Nov 11 2009 (HC)

Jan Balaz Vs. Anand Municipality and 6 ors.

Court : Gujarat

Reported in : AIR2010Guj21

..... indian citizens by birth. passport to travel abroad therefore, cannot be denied to those babies, who are indian citizens, which would otherwise be violative of article 21 of the constitution of india. section 6 of the passport act refers to the grounds for refusal of passport. section 6(2)(a) says that passport can be denied if the applicant is not a ..... a proper legislation drawing such a presumption including adoption. further the question as to whether the babies born out of a surrogate mother have any right of residence in or citizenship by birth or mere state orphanage and whether they acquire only the nationality or the biological father has to be addressed by the legislature.21. indian council of medical research ..... exists no specific laws in japan concerning parent-child relationship for artificial insemination, and the mother - and - child relationship will be based on the fact of delivery. the issue of citizenship status of such an infant is also a burning problem in japan. the japan supreme court rejected the japanese commissioning parents bid to register their twins born to a u ..... to the regional passport officer to return those passports so that he can take the babies to germany and then make an application in germany so as to acquire german citizenship. petitioner submits that surrogacy is not recognized in germany. even the immigration office at siberia is also insisting production of the passport and not certificates of identity issued by the .....

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Mar 18 1996 (HC)

Rameshbhai Dalsangbhai and ors. Etc. Vs. the Director, Agriculture Mar ...

Court : Gujarat

Reported in : AIR1997Guj1; (1996)2GLR165

..... a reasonable opportunity of being heard.as regards the above judgment, it is required to be noted that the said case arose out of denial of the rights of citizenship under the constitution, the citizenship act and rights under the representation of peoples act, 1950, and the consequent deletion from the list of voters. the said case, however cannot be compared with the ..... that if the action of the authorised officer is held to be consistent with the requirements of the said two rules, then the rules may be rendered ultra vires the constitution. this is a hypothetical submission made by mr. vakharia which depends on what interpretation is put by the forum created under rule 28 of the rules while considering the submission ..... fact finding enquiry to decide whether the petitioners were traders or not and that such findings of fact cannot be interfered with in a petition under article 226 of the constitution. in any case, this dispute can also be resolved by the election tribunal. (h) similarly, the election officer was entitled to hold inquiry regarding the operations alleged to be carried ..... includes a co-operative society, joint family or an association of persons, whether incorporated or not, which carries on such business; section 11 of the act reads as under. '11. constitution of market committee, (1) every market committee shall consist of the following members, namely:-- (i) eight agriculturists who shall be elected by members of managing committees of co-operative societies .....

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Feb 24 1989 (HC)

indrajit Vallavbhai Patel Vs. Collector of Kaira and anr.

Court : Gujarat

Reported in : (1989)2GLR865

..... submitted that the matter has to be referred to the central government as the decision as to whether the petitioner is a citizen of india or not has to be taken only by such authority constituted under the citizenship act. nevertheless mr. desai, distinguishing the case cited by mr. g.d. bhatt, appearing for respondents nos 1 and 3, which is reported in ..... are not prevented from determining other question concerning nationality of a person,... the appellants, claim 10 the citizenship of india was registered on the ground that having migrated to pakistan in 1948. they had never acquired indian citizenship. that might follow from art of the constitution of india. the jurisdiction of a civil court to decide that question is not in any way affected by ..... . in this connection we can usefully refer to article 5 of the constitution of india. article 5 reads as under:5. citizenship at the commencement of the constitution: at the commencement of this constitution every person who has his domicile in the territory of india and:(a) who has bom in the territory of india; or(b) either of whose parents was bom in the territory of ..... municipalities act, 1963 are ultra vires the provisions of articles 245 and 246 of the constitution of india read with schedule vi, list v, entry 17 thereof and section 9 of the citizenship act, 1955.3. it is an admitted fact that the petitioner herein uas born outside india i.e. in campala in africa, that the petitioner holds british passport, that the petitioner .....

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Jun 17 1986 (HC)

Shrivas Rajeshkumar Satyanarayana Vs. Chairman, Selection Committee an ...

Court : Gujarat

Reported in : AIR1987Guj4

..... the territory, not connection with the membership of the community which is at the root of the notion of citizenship or nationality.13. at the time of the coming into force of the constitution of india, the petitioner's father was a domicil of gujarat both by birth as well as by choice. he was ..... of what is referred to above, i have to consider whether the family of a nayi of uttar pradesh who has migrated to gujarat before the constitution of india came into force can, be said to be a family not belonging to gujarat? in other words, whether the family of the petitioner and the ..... in the accompanying annexure i should be considered as socially and educationally backward for the purposes of art. 15(4) and art. 16(4) of the constitution of india.'annexure 'i' to the said resolution shows the castes/classes and groups recommended by the bakshi commission. entry no. 76 of the said annexure 'i' ..... in annexure 'i' to the said resolution to be s.e.b. class for the purpose of arts. 15(4) and 16(4) of the constitution of india. the said recommendation of the commission has been accepted by the government by the said resolution. the operative portion (i.e. para 2) of the said ..... 'citizenship by domicile', which is as under:'the term 'domicile' is not defined in the constitution. every person is born with a domicile of origin. in other words, every person has a domicile at his birth, which is called domicile of origin, this continues to prevail until he acquires a new domicile central bank of india .....

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Feb 22 1978 (HC)

State of Gujarat and anr. Vs. Saiyad Aga Mohmed Saiyedm Ohmed

Court : Gujarat

Reported in : (1979)1GLR71

..... in cloth as a hawker. the plaintiff asserted that he never migrated to pakistan with intention to stay there permanently, nor had acquired pakistan citizenship. he was in india, according to the plaintiff, on the independence day when the constitution was enacted. as a matter of fact, his case is that, he had never gone to pakistan at all. however, to his surprise ..... , the government of india called upon him by its notice of march 5, 1963 to show cause, under section 9 of the citizenship act, why the central government should not determine ..... december 20, 1955, and to submit material, if any, in support of his claim that he has not voluntarily acquired the citizenship of india.4. the plaintiff objected to the central government determining his status under section 9 of the citizenship act since he was acquitted by the additional sessions judge, surat in criminal appeal no. 33 of 1958 filed by the state ..... against the principles of natural justice and, therefore, restrained the union government as well as state government from deporting the plaintiff from india till a legal order is made by the union government under section 9(2) of the citizenship act.7. the state government, therefore, carried the matter in appeal before the district court at surat by its regular civil appeal .....

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