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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Sorted by: recent Court: supreme court of india Year: 1964 Page 1 of about 13 results (0.085 seconds)

Mar 24 1964 (SC)

ibrahim Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Mar-24-1964

Reported in : AIR1965SC618; 1965CriLJ506; [1964]4SCR441

..... was ever an indian citizen. it is only where there is proof that a person is to start with, a citizen of india and it is alleged that he has lost his indian citizenship by reason of acquiring the nationality of a foreign state that they question of invoking the provisions of s. 9(2) of ..... jurisdiction to determine whether the appellant was a 'foreigner' and that their jurisdiction in that regard was barred by the provisions of s. 9(2) of the citizenship act, 1955. this argument proceeds upon a misapprehension of the legal position. in the first place, under s. 9 of the foreigners act the onus is ..... that having been deported once out of india, he again entered india without proper travel documents in violation of the provisions of s. 3(2)(a) of the foreigners act ..... india in april, 1957. on those facts there is no question of s. 9(2) of the citizenship act being invoked or coming into play. the offence charged was ..... the citizenship act arises. that is not the case here. the case of the prosecution was that the appellant was a pakistani national who had come over to india on a valid pakistani passport in 1957 and had been legally deported out of .....

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Feb 17 1964 (SC)

Abdul Sattar Haji Ibrahim Patel Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Feb-17-1964

Reported in : AIR1965SC810; (1964)0GLR446; (1964)GLR439(SC)

..... 26, 1950, fall to be considered under article 9 of the constitution. article 9 provides that no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign state.8. it is necessary to emphasize in ..... relevant rules, it would not be open to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country. a decision by the government of india is a condition precedent in that behalf (vide government of andhra pradesh v. mohd. khan, : air1962sc1778 ).10. there is one more point ..... true legal position in regard to the status of a citizen like the appellant is not in doubt. article 5 of the constitution provides that any person who has his domicile in the territory of india at the commencement of the constitution and who satisfies one of the three conditions specified by clauses (a), (b) and (c) of the said article shall be ..... sain, : [1961]1scr576 ).9. in dealing with the cases falling under article 9 it is necessary to take recourse to the relevant provisions of the citizenship act, 1955, and the rules framed thereunder. in izhar ahmad khan v. union of india, : air1962sc1052 it has been held by this court that rule 3 of schedule iii, framed under section 9(2) of the .....

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Jan 30 1964 (SC)

State of Gujarat Vs. Vora Fiddali BadruddIn Mithibarwala

Court : Supreme Court of India

Decided on : Jan-30-1964

Reported in : AIR1964SC1043; [1964]6SCR461

..... for its rejection. it is undoubted that the british doctrine was part of the jurisprudence and the constitutional practice that prevailed in pre-constitution india. most certainly it does not need to be stated that the british parliament when it enacted the government of india act as the constitutional framework by which this country should be governed, could not have had in contemplation any other ..... jagirdars was not binding upon the successor government. thus being deprived of their right to work the forests the various respondents instituted suits after the coming into force of the constitution of india. their claims were opposed by the state of bombay mainly on the ground that in the absence of recognition, express or implied, by the successor state of rights conferred ..... merger of the indian states in the indian union and the treaties by which that was accomplished were acts of state, still by reason of the manner in which the constitution of india was brought into being and because of the provisions which it contained, in particular those guaranteeing property rights of its citizens, the acquired rights of the inhabitants of the ..... observed: "but however that may be, there is no question of conquest or cession here. the new republic was. born on 26th january, 1950, and all derived their rights of citizenship from the same source, and from the same moment of time; so also, at. the same instant and for the same reason, all territory within its boundaries became the territory .....

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Jun 22 1964 (FN)

Bell Vs. Maryland

Court : US Supreme Court

Decided on : Jun-22-1964

..... of the civil war amendments, page 378 u. s. 301 was obviously designed to overrule dred scott v. sandford, 19 how. 393, and to ensure that the constitutional concept of citizenship with all attendant rights and privileges would henceforth embrace negroes. it follows that negroes, as citizens, necessarily became entitled to share the right, customarily possessed by other citizens, ..... in these times, that right is, indeed, practically indispensable to travel, either interstate or intrastate. v the requirement of equal protection, like the guarantee of privileges and immunities of citizenship, is a constitutional command directed to each state. state judicial action is as clearly "state" action as state administrative action. indeed, we held in shelley v. kraemer, 334 u. s. 1 ..... spoke of the "free air" of american life. the great purpose of the fourteenth amendment is to keep it free and equal. under the constitution, no american can, or should, be denied rights fundamental to freedom and citizenship. i therefore join in reversing these trespass convictions. [ footnote 5/1 ] see generally flack, the adoption of the fourteenth amendment (1908); harris ..... tables reserved for whites. in upholding the plaintiff's claim, the michigan court observed: "the negro is now, by the constitution of the united states, given full citizenship with the white man, and all the rights and privileges of citizenship attend him wherever he goes. whatever right a white man page 378 u. s. 302 has in a public place, .....

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Jun 15 1964 (FN)

Lucas Vs. Forty-fourth Gen. Assembly of Colorado

Court : US Supreme Court

Decided on : Jun-15-1964

..... vote thereon "by two-thirds of all the members elected to each house" of the colorado legislature, pursuant to art. xix, 2, of the colorado constitution. additionally, a constitutional convention can be convened, upon the favorable recommendation of two-thirds of the members elected to each house of the general assembly, if the electorate approves of ..... magnitude to make out a prima facie case of invidious discrimination . . . ." however, because of the imminence of the primary and general elections, and since two constitutional amendments, proposed through the initiative procedure and prescribing rather different schemes for legislative apportionment, would be voted upon in the impending election, the district court continued the cases without ..... plaintiffs below asserted that art. v, 45, 46, and 47, of the colorado constitution, and the statutes [ footnote 1 ] implementing those constitutional provisions, result in gross inequalities and disparities with respect to their voting rights. they alleged that "one of the inalienable rights of citizenship . . . is equality of franchise and vote, and that the concept of equal ..... protection of the laws requires that every citizen be equally represented in the legislature of his state." plaintiffs sought declaratory and injunctive relief, and also requested the court to order a constitutionally page 377 u. s. 716 valid .....

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Jun 15 1964 (FN)

Reynolds Vs. Sims

Court : US Supreme Court

Decided on : Jun-15-1964

..... honest elections are the very foundation of our republican form of government. . . . discrimination against any group or class of citizens in the exercise of these constitutionally protected rights of citizenship deprives the electoral process of integrity. . . ." "none would deny that a state law giving some citizens twice the vote of other citizens in either ..... were unconstitutional; an injunction against future elections pending reapportionment in accordance with the state constitution; or, absent such reapportionment, a mandatory injunction requiring holding the 1962 election for legislators at large over the entire state. the complaint alleged serious ..... that malapportionment of the alabama legislature deprived them and others similarly situated of rights under the equal protection clause of the fourteenth amendment and the alabama constitution, voters in several alabama counties brought suit against various officials having state election duties. complainants sought a declaration that the existing state legislative apportionment provisions ..... the primary or general election would lack that equality which the fourteenth amendment guarantees. . . . the theme of the constitution is equality among citizens in the .....

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May 18 1964 (FN)

Schneider Vs. Rusk

Court : US Supreme Court

Decided on : May-18-1964

..... of 1907, 34 stat. 1228. that act included a rebuttable presumption that residence for two years in the foreign state from which a naturalized american citizen came constituted a forfeiture of american citizenship. this provision proved difficult to administer, and, in 1933, president roosevelt appointed a cabinet committee (the secretary of state, the attorney general and the secretary of ..... . this debate points up the fact that distinctions between naturalized and native-born citizens were uppermost in the minds of the framers of the constitution. the right to renounce citizenship acquired at birth was a serious question during the war of 1812. in 1814, the government, through secretary of state monroe, circulated an anonymous pamphlet, a treatise ..... no restriction against the length of foreign residence applies to native-born citizens, though some members of that majority believe that congress lacks constitutional power to effect involuntary divestiture of citizenship. pp. 377 u. s. 164 -169. 218 f.supp. 302, reversed. page 377 u. s. 164 mr. justice douglas delivered the opinion of the court. the ..... stated: "previous decisions have suggested that congressional exercise of the power to expatriate may be subject to a further constitutional restriction -- a limitation upon the kind of activity which may be made the basis of denationalization. withdrawal of citizenship is a drastic measure. moreover, the power to expatriate endows government with authority to define and to limit the .....

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Mar 30 1964 (FN)

Van Dusen Vs. Barrack

Court : US Supreme Court

Decided on : Mar-30-1964

..... ." they were not and are not qualified to bring these or related actions in massachusetts, and their lack of capacity would, under massachusetts law, constitute "an absolute defense." the plaintiffs contend that hoffman v. blaski established that transfer must be denied unless, at the time the action was brought, ..... transferor state which would significantly affect the outcome of the case. [ footnote 41 ] we do not suggest that the application of transferor state law is free from constitutional limitations. see, e.g., watson v. employers liability assurance corp., ltd., 348 u. s. 66 ; hughes v. fetter, 341 u. s. 609 ; ..... doctrine] may produce between federal courts in different states is attributable to our federal system, which leaves to a state, within the limits permitted by the constitution, the right to pursue local policies diverging from those of its neighbors." see note 36 supra. [ footnote 39 ] see cases cited notes 26-27 ..... guaranty trust co. v. york, 326 u. s. 99 , 326 u. s. 108 ("a federal court adjudicating a state-created right solely because of the diversity of citizenship of the parties is for that purpose, in effect, only another court of the state. . . ."). [ footnote 38 ] in klaxon co. v. stentor elec. mfg. ..... ," klaxon co. v. stentor elec. mfg. co., inc., 313 u. s. 487 , 313 u. s. 496 , and declaring that federal courts in diversity of citizenship cases are to apply the laws "of the states in which they sit," griffin v. mccoach, 313 u. s. 498 , 313 u. s. 503 . [ footnote .....

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Feb 25 1964 (SC)

Tata Engineering and Locomotive Co. Ltd. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Feb-25-1964

Reported in : AIR1965SC40; [1964]34CompCas458(SC); [1964]6SCR885

..... 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 parliament by virtue of the powers conferred on it by articles 10 and 11. on the other hand, the fact that ..... that those decisions 'fall under the category in which an executive authority acts without authority of law, or a quasi-judicial authority acts in transgression of a constitutional prohibition and without jurisdiction' : [1963]2scr1 . these decisions are thakur amar singhji v. state of rajasthan (1955) 8 s.c.r. 303; ..... argument that where an erroneous decision of a sales-tax officer results in the violation of a constitutional prohibition or limitation, different considerations would arise and an aggrieved citizen would be entitled to move this court under art. 32, mr. palkhivala has ..... strenuously urged that the decision in ujjam bai rested on the basis that the misinterpretation of the notification did not involve the violation of any constitutional limitations or prohibitions and he has referred us to some passages in the judgments of das, kapur and mudholkar jj. in support of his ..... commerce and industry, government of india; one of these secretaries has joined the petitions. it may incidentally be stated as this stage that these writ petitions were heard by a special bench of this court on the 26th july, 1963 in order to determine the constitutional question as to whether the .....

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Jun 22 1964 (FN)

Aptheker Vs. Secretary of State

Court : US Supreme Court

Decided on : Jun-22-1964

..... us in those problems and perplexities, as page 378 u. s. 521 well as in domestic ones. we cannot exercise and enjoy citizenship in world perspective without the right to travel abroad, and i see no constitutional way to curb it unless, as i said, there is the power to detain. mr. justice clark, whom mr. justice harlan joins ..... bill which predicated a conclusive presumption of disloyalty on the fact of organizational membership. mr. ford said: "a world of difference exists, from the standpoint of sound policy and constitutional validity, between making, as the bill would, membership in an organization designated by the attorney general a felony, and recognizing such membership, as does the employee loyalty program ..... of free speech and association, we believe that appellants in this case should not be required to assume the burden of demonstrating that congress could not have written a statute constitutionally prohibiting their travel. [ footnote 16 ] accordingly, the judgment of the three-judge district court is reversed, and the cause remanded for proceedings in conformity with this opinion. ..... whether congress might have enacted a valid statute, but, instead, must ask whether the statute that congress did enact will permissibly bear a construction rendering it free from constitutional defects. the clarity and preciseness of the provision in question make it impossible to narrow its indiscriminately cast and overly broad scope without substantial rewriting. the situation here is .....

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