Court : Punjab and Haryana
Decided on : Feb-19-1959
Reported in : AIR1959P& H375; 1959CriLJ1018
..... after the 15th of august 1947 it can be said that the petitioner had acquired the domicile of the indian dominion and the domicile of the republic of india at the commencement of the constitution, there is absolutely noreliable and trustworthy material which can show that the petitioner acquired such domicile. mr. partap singh submits that the petitioner's statement that she ..... of a passport from a foreign country be not considered to be conclusive proof of the nationality of the applicant, it certainly raises a strong presumption in favour of the citizenship asserted by him or her, as the case may be, for the purpose of securing the passport.in the present case the petitioner secured a passport from pakistan and entered ..... , however, deals with the power of the high court to interfere under article 226 and the latter case lays down that according to rule 3 of schedule 3 of the citizenship rules, 1956, the acquirement of a passport of another country is conclusive proof that the person acquiring that passport, even though he might be of indian origin before the partition ..... business. after the division of inida, under pressure from; the local police and without proper guidance and appreciation of his citizenship rights, he applied in india for a passport and received one under the seal of the high commissioner for pakistan in india, new delhi, dated 7-3-1953. it was on these facts that subba rao c. j., observed that this did .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1959
..... okla.stat.ann., tit. 26, 61; s.c.code 23-62. alabama also requires that the voter be of "good character" and "embrace the duties and obligations of citizenship" under the federal and state constitutions. ala.code, tit. 17, 32 (1955 supp.). two states require that the voter be able to read and write english. n.y. election law 150; ore.rev ..... an alternative means of qualifying is provided: if one has good character and understands the duties and obligations of citizenship under a republican government, and he can answer correctly 20 of 30 questions listed in the statute ( e.g., how does the constitution of georgia provide that a county site may be changed?, what is treason against the state of georgia?, who ..... , retaining jurisdiction for a reasonable time to enable appellant to exhaust her administrative remedies and obtain from the state courts an interpretation of the statute in light of the state constitution. lassiter v. taylor, 152 f.supp. 295. thereupon, the instant case was commenced. it started as an administrative proceeding. appellant applied for registration as a voter. her registration was ..... principles of the federal and state constitutions. la.rev.stat., tit. 18, 31. in mississippi, the applicant must be able to read and write a section of the state constitution and give a reasonable interpretation of it. he must also demonstrate to the registrar a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government. miss.code ann .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1959
..... to repair to the state court would clearly serve one of two important countervailing interests: either the avoidance of a premature and perhaps unnecessary decision of a serious federal constitutional question or the avoidance of the hazard of unsettling some delicate balance in the area of federal-state relationships. these exceptional circumstances provided until now a very narrow corridor ..... , if the bonds were not validly issued, what recovery the bondholders were entitled to receive. federal jurisdiction page 360 u. s. 38 was based solely on diversity of citizenship. although there was present the obvious irritant to state-federal relations of a federal court injunction against city officials, which is not present in this case, this court in ..... petitioner power and light company. petitioner, a florida corporation, removed the case to the united states district court for the eastern district of louisiana on the basis of diversity of citizenship. after a pretrial conference in which various aspects of the case were discussed, page 360 u. s. 26 the district judge, on his own motion, ordered that " ..... thibodaux to expropriate the property of petitioner power and light company was challenged in an eminent domain proceeding in the district court, which had jurisdiction based on diversity of citizenship. petitioner answered respondent's reliance upon a louisiana statute by citing an opinion of the louisiana attorney general advising that a louisiana city was without power to effect a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1959
Reported in : AIR1959SC1124; 1SCR39
..... on question raised in the present case. the decision of the privy council in pillai v. mudanayake(1) is also not of much relevance to the present case. the constitutional validity of the citizenship act, 1948, of ceylon, was questioned in that case. it was contended therein that the main object of that act was to prevent the indian tamils from obtaining ..... and distributing the same among the owners of factories, subject to the condition that in no case it should exceed twenty per cent. of the quantity of sugar produced in india in a particular season. the quantity is also fixed without detriment to the requirements for internal consumption. the apportionment of the quota among the various factories is objectively and impartially ..... of and dealers in sugar. for the purposes of this judgment these persons may be taken to be the petitioners. the principal respondent in these applications is the government of india. the other respondent is the indian sugar mills association, an association of manufacturers of sugar by the vacuum pan process. on june 27, 1958, the government had promulgated an ..... raise the same contentions, but in writ petition no. 14 of 1959, there is one more circumstance, which will be mentioned later. the petitions are directed against the union of india and the indian sugar mills association (export agency division) calcutta. the petitioners challenge inter alia the constitutionality of the sugar export promotion act, 1958 (30 of 1958), which shall hereafter .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-02-1959
..... , of free transit from or through the territory of any state is a right secured by the 14th amendment and by other provisions of the constitution." it has often been called a right or privilege of national citizenship, crandall v. nevada, 6 wall. 35, 73 u. s. 44 , 73 u. s. 49 ; ward v. maryland, 12 wall. 418, 79 u. ..... go to any state or stay home as one chooses -- it is an incident of national citizenship, and occupies a high place in our constitutional values. this right of national citizenship has been qualified. one qualification was made by the extradition clause of art. iv, 2, of the constitution: [ footnote 1 ] "a person charged in any state with treason, felony, or other ..... through legislation calling for cooperation between particular state administrative agencies and federal agencies operating within the same general area of regulation. see frankfurter and landis, the compact clause of the constitution -- a study in interstate adjustments, 34 yale l.j. 685, 688-691. about such instances it has been said that they "illustrate extraconstitutional forms of legal invention for ..... to yield to this argument would foreclose to the states virtually all arrangements which increase comity among the states. these extraconstitutional arrangements are designed to solve "problems created by a constitutional division of powers without disturbance of the federal nature of our government." clark, joint activity between federal and state officials, 51 pol.sci.q. 230, 269. reciprocal legislation .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-24-1959
..... the unchallenged maintenance of the very cause of action in question here at law in the district courts under 28 u.s.c. 1332, where diversity of citizenship is present, is further proof that no constitutional inhibition to the maintenance of such an action at law under 1331 exists. cf. 74 u. s. 7 wall. 624, 74 u. s. 644 ..... . 1441(b): "any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the constitution, treaties or laws of the united states shall be removable without regard to the citizenship or residence of the parties." [ footnote 31 ] see the compilation of state court cases in seventh 5-year index-digest of ..... peculiar jurisprudence of the courts in the united states (1880). bump, federal procedure (1881). miller and field, federal practice (1881). cohen, admiralty -- jurisdiction, law and practice (1883). field, constitution and jurisdiction of the courts of the united states (1883). spear, law of the federal judiciary (1883). thatcher (thatcher's practice) -- a digest of statutes, equity rules and decisions upon ..... such a claim by one in petitioner's position. [ footnote 2 ] "the district courts shall have original jurisdiction of all civil actions wherein the matter in controversy . . . arises under the constitution, laws or treaties of the united states." [ footnote 3 ] "(a) the district courts shall have original jurisdiction of all civil actions where the matter in controversy . . . is between: . . ." " * * * *" .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-24-1959
Reported in : AIR1959MP387; 1959CriLJ1337
..... the meaning of the foreigners' act; (ii) whether the respondents had proved that they had not migrated to pakistan; and (iij) whether the district superintendent of police as civil authority constituted under the foreigners order 1948, was competent to pass the order in disobedience to which the respondents have been prosecuted,30. on the first question, the argument of shri malgawa ..... therefore clear that an order under section 3(2)(c) of the foreigners act, 1946, can be issued by the central government.17. article 258 of the constitution provides:'(1) notwithstanding anything in this constitution, the president may, with the consent of the government of a state, entrust either conditionally or unconditionally !o that government or to its officers functions in ..... the relevant dates when the orders against the respondents were passed, meant 'a person who, under the citizenship 07 nationality law for the time being in force in india, was a citizen or national of india'. (see section 2(b) ofthe citizenship act, 1955. pakistan is included in the first schedule.) therefore, there is no manner of doubt that on the day that ..... the foreigners order, 1948, which provides for making an order that a foreigner shall not remain in india. such an order could be passed only by the central government or by the state government. that power could not be delegated to the civil authority constituted under the foreigners order, 1948.it bears repetition that the foreigners order, 1948, does not empower .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-18-1959
Reported in : (1959)61BOMLR976
..... citizens of the united states by the privileges and immunities clause includes those rights and privileges which, under the laws and constitution of the united states, are incidental to citizenship of the united states, but does not include rights pertaining to state citizenship and derived solely from the relationship of the citizen and his state established by state law ............. the right to become ..... ) we would, however, like to mention that the learned advocate general referred us to the position in england in regard to the organisation and constitution of the bar council, and to the report of the all-india bar committee of 1953, and stated that according special treatment to advocates practising on the original side and the barristers cannot be regarded as an ..... that even if we were of the opinion that provisions of sub-section (3) of s. 4 have violated art. 14 of the constitution, we should not grant the declaration sought for by the petitioner, because that act is an all india act, and the impugned provision applies to the calcutta high court also. he further pointed out that even under the ..... be a candidate for the election. as has been already pointed out, these rights are not natural or unalienable rights of a citizen. the only sources of such rights in india with respect to political institutions other than the parliament and the state legislature are the statutes bringing those institutions into existence.(10) there are several decisions of the supreme court .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-02-1959
Reported in : AIR1960AP106
..... relevant provisions of the constitution of india and the citizenship act of 1955. articles 3 - 11 deal with the criteria for the ascertainment ..... five years immediately preceding such commencement shall be a citizen of india.article 6 deals with the rights of citizenship at the commencement of the constitution of certain persons who have migrated to india from pakistan. while article 7 lays down the test for ascertaining the rights of citizenship of certain migrants to pakistan after the 1st day of march, ..... of citizenship at the commencement of the constitution. article 5 provides that at the commencement of the constitution, every person who has his ..... which amounted to a renunciation or termination of their citizenship of india, nor did they acquire the citizenship of any other country. 4. the main question in these writ petitions is whether the petitioners are citizens of india entitled to exercise the fundamental rights under article 19 of the constitution of india. the answer to this question would depend upon the .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-26-1959
Reported in : AIR1960All431; 1960CriLJ875
..... there was in the eye of law, indian citizenship. consequently, a person who had migrated to pakistan before 26th of january, 1950 was not a citizen ..... this section are that the person concerned should be at one lime a citizen of india and voluntarily acquire or has voluntarily acquired the citizenship of another country between the 26th january, 1950 and the commencement of the act. before the commencement of the constitution of india the citizens of india were termed as british subjects and it was from the 26th january 1950 that ..... by section 9(2) of this act. sub-section (2) of section 9 shall be read along with sub-section (1). section 9 runs as below:'9. termination of citizenship.-- (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, and the commencement of this act voluntarily acquired, the ..... before 26-1-1950. the first part of the sub-section (1) of section 9 applies to citizens of india voluntarily acquiring the citizenship of another country. this will have reference to the acquisition of citizenship of another country after the commencement of the citizenship act, 1955 and not before this act came into force.the other part is not general, its scope has .....Tag this Judgment!