Court : Gujarat
Reported in : AIR1962Guj194; (1962)0GLR85
..... application for the pakistani passport as also his declaration while obtaining visa 'c' from the office of the high commissioner of india in pakistan would constitute prima facie evidence of his having renounced his citizenship of india and his having acquired the citizenship of pakistan. it is true that in a case where it is alleged by the state government that i a person ..... was final and conclusive, establishing renunciation on his part of the citizenship of india. but, it is the case of the learned government pleader that though the petitioner was a citizen of this country on the date when the constitution came into force he subsequently renounced the indian citizenship and acquired the citizenship of pakistan, it would be the central government, as a tribunal ..... and was also educated there. in view of that statement it is quite clear that the petitioner was, by virtue of article 5 of the constitution, a citizen of india at the time of the commencement of the constitution.6. it was, however, urged by the learned government pleader that there was a dispute between the parties as to when exactly the petitioner ..... under section 9(2) of the citizenship act of 1955, which would have .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Gujarat
Reported in : 1976CriLJ1419
..... a court of law is void is normally part of the judicial function and is not a legislative function. although there is in the constitution of india no rigid separation of powers, by and large the spheres of judicial function and legislative function have been demarcated and it is not permissible ..... of separation of powers as recognised in america is not applicable to our country.... the rigid separation of powers as under the american constitution or under the australian constitution does not apply to our country. many powers which are strictly judicial have been excluded from the purview of the courts.similarly ..... become necessary to enquire whether obtaining a passport from a foreign government is or is not inherently relevant in proving the voluntary acquisition of the citizenship of that foreign state ' applying the test for determining whether a particular rule is a rule of evidence or not as indicated in the ..... of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of the country before that date. in paragraph 29, after examining all ..... with the validity of rule 3 of schedule 3 of citizenship rules, 1956, made by the government under the citizenship act, 1955. under rule 3 which was the impugned rule, it was provided that the fact that a citizen of india has obtained on any date a passport from the government .....Tag this Judgment!
Court : Gujarat
Reported in : (1976)17GLR1177
..... of that it is hereby clarified that if it is the case of the defendant-state that after the commencement of the constitution of india on january 26, 1950, the appellant-plaintiff has abandoned the citizenship of india or has acquired the citizenship of pakistan or any other country, it will be open to the state to obtain an adjudication on this question from the ..... -plaintiff being a minor acquired the domicile of birth from his parents and became a citizen of india. he was admittedly born in india. therefore, both the conditions of article 5 of the constitution of india are satisfied. the question, however, is whether his claim to citizenship of india is jeopardized by reason of the fact that in 1948 one abdul gafur with whom the appellant ..... january 26, 1950. it is not the case of the defendant-state in the written statement that the plaintiff had acquired the citizenship of pakistan after the commencement of the constitution of india though an issue on this point has been raised. in the present state of pleadings it is not necessary to remand the matter to the trial court and to stay ..... central government under section 9(2) of the citizenship act.the appeal is, therefore, allowed. it is declared that the appellant-plaintiff was a citizen of india on the date of the commencement of the constitution on 26th january 1950. the respondents are restrained from deporting the appellant-plaintiff from out of the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1972Guj70; (1972)GLR819
..... merits. according to the appellants, except respondent no.3 and the members of his family, other respondents had not come to india until now. it is also stated that all the respondents except respondent no.3 have accepted the citizenship of africa and they are already settled there. it was further urged that the respondents had kept two flats in bombay which .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1969Guj334; (1969)GLR925
..... if he (a) is of unsound mind and stands so declared by a competent court or (b) is not a citizen of india or has voluntarily acquired the citizenship of foreign state or is under acknowledgment of allegiance or adherence to a foreign state. 8. section 14 provides for resolution of disputes ..... conclusive and do not permit the election tribunal to hold an inquiry on the question of minimum age as required under article 326 of the constitution. these decisions are in line with the view taken by our division bench.17. in the result the election tribunal is acting without jurisdiction in ..... even if the authority while exercising such jurisdiction erroneously held that a transaction, which is an outside sale within the meaning of art. 286 of the constitution as it stood in 1956, was not an outside sale, and proceeded to levy sales tax on it, the decision of appropriate authority could not ..... of the return and ended with an order of assessment fell within the jurisdiction of the appropriate authority under the act. no part of it constituted a collateral activity not specifically and expressly included in the jurisdiction of the appropriate authority as such. in this view of the matter it was ..... of the madras district municipalities act, 1920, the division bench of the madras high court held in that case that in view of the fundamental constitutional provision under article 326 prescribing the minimum age of the voters for the assembly elections as 21 years, the entry of voters below that age on .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1969Guj79
..... constitution was that of his father, as he was a minor then. his further case was that his father having ..... the plaintiff on the ground that the plaintiff was not proved to be a citizen of india on january 26, 1950. in the first appeal before diwan, j. the plaintiff sought to make out his case of indian citizenship on the basis of article 5 of the constitution of india. the case before diwan j. was that his domicile at the commencement of the ..... and came to the conclusion that the learned trial judge was right when he held that the plaintiff has not established his claim of being the citizen of india under article 5 of the constitution. diwan j. accordingly dismissed the appeal of the plaintiff. it is against that decision of diwan j. that this letters patent appeal has been filed by the ..... domicile in pakistan from that date. it was also urged that the plaintiff's father has not acquired any other domicile namely, the domicile in india after august 15, 1947. therefore, at the time when the constitution of india commenced, that is, on november 26, 1949 the plaintiff's father had his domicile in pakistan and consequently the plaintiff had also his domicile .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1968Guj124; (1970)0GLR226
..... doctrine of pith and substance, enunciated by courts of law), the state legislative authority must yield place to the parliamentary legislative authority. ours is a federal constitution and it is now well recognised that both the parliament and the state legislatures have full, independent and plenary powers in their own fields. it is equally ..... corporations, it would not be difficult for it to adopt a proper measure in that behalf by enlarging the definition of 'citizen' prescribed by the citizenship act passed by the parliament by virtue of the powers conferred on it by articles 10 and 11. it also pointed out that the fact that ..... legislature was challenged on the ground that that power fell within the purview of entry 55 of the federal list in schedule vii the government of india act. mr. nanavati's contention is that, a tax on capital value of lands and buildings falls within the purview of entry 86 in the ..... 1947, the source of the legislative competence of the state legislature was entry no. 42 in list ii of schedule vii to the government of india act, 1935, whereas the source of the similar power vesting in the state legislature in the subsequent years mentioned above is entry 49 in the ..... appeal, the learned judge held that the rate in question fell within the purview of entry 42 in list ii of schedule vii of the government of india, act 1935, and was within the competence of the provincial legislature. (7) the main contention of petitioner in the present petitions is based upon .....Tag this Judgment!
Court : Gujarat
Reported in : 1966CriLJ210
..... but that is not sufficient to prove citizenship at the date of the prosecution or at the date of the commencement of the constitution of india. article 5 of the constitution reads as follows:at the commencement of this constitution, every person who has his domicile in the territory of india and--(a) who was born in ..... that he was a citizen of india at the time of the prosecution. there cannot be oral evidence on the point of citizenship, although there can be oral evidence as to the ..... satisfied in this case. but the respondent has not proved that he had his domicile in the territory of india at the commencement of the constitution. he relied on an entry in a school register, but this relates to the year 1938, because it is stated in the certificate ..... of the requirements of article 5 of the constitution, namely, that the respondent had his domicile in the territory of india at the commencement of the constitution. the respondent has, therefore, failed to prove that he was a citizen of india at the commencement of the constitution. he has not led any evidence to prove ..... this article, therefore, two things must be proved, namely, that the person has his domicile in the territory of india at the commencement of the constitution, and secondly one of the things referred to in clauses (a) or (b) or (c). the second requirement has been .....Tag this Judgment!
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 .....Tag this Judgment!