Court : Allahabad
Decided on : Oct-18-1960
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!
Court : Gujarat
Decided on : Oct-13-1960
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 : Allahabad
Decided on : Mar-04-1960
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!
Court : Supreme Court of India
Decided on : Dec-05-1960
Reported in : AIR1961SC816; 2SCR874
..... appointment as a judge of a high court, and has submitted that where the constitution-makers thought it necessary they specifically provided for counting the period in a high court which was formerly in india. articles 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of art. 233, and we do not think ..... a roll of advocates was prepared and maintained in accordance with section 8 of the said act. it was in this second period that the constitution of india came into force on january 26, 1950. 13. this is the background against which we have to consider the argument of learned counsel for the appellant. even if we assume ..... that right was not taken away even after the lahore high court ceased to be a high court in the territory of india under the constitution. as we are resting our decision on conclusions drawn from the high courts (punjab) order, 1947, and section 8 of the bar councils act, 1926, we consider it unnecessary to ..... intervene in the appeal and in view of the circumstance that a question of the interpretation of art. 233 of constitution arises in the appeal, we have allowed the application and heard the learned additional solicitor-general, even though the union of india did not appear at an earlier stage to contest the application which the appellant had made, to expunge it .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-01-1960
Reported in : AIR1961Raj122
..... candidature of the respondent no. 2; but the contention of the learned counsel for the appellant is that the allegations made in the petition constitute statements of fact which are false statements made in relation to the personal character or conduct of the maharawal of dungarpur. there is of ..... for consideration is whether the documents in question fall within the purview of section 123, clause (4) of the act, so that their publication may constitute corrupt practice under the act. as we have said the contents of the documents are identical. we may, therefore, reproduce the relevant portions thereof to ..... an indian national, whether the passport is legal evidence or not cannot lead to any irresistible inference that the said person had voluntarily acquired the citizenship of a foreign state; for such a passport could also be issued to a citizen by birth or descent. that being so, we find ..... have been married there to lal mohammed and returned with him under a pakistani passport to india. lal mohammed is admittedly an indian national residing in india. it appears that later kulsum obtained a certificate of indian citizenship; but on the day when the general elections took place she had not obtained any ..... whether living or dead or nonexistent, or whose names appeared in the same ward for two different houses or persons who were not citizens of india but whose names all the same appeared in the electoral rolls; or even in name of fictitious persons. secondly, it was alleged that the .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-22-1960
Reported in : AIR1961Cal299,66CWN126
..... nature of certiorari quashing theorder dated the 18th of september, 1958 rejectingthe application of the petitioner for registrationunder section 5(1)(a) of the indian citizenship act.the collector will now proceed to satisfy himselfupon proper enquiry as required by the rules and,act in accordance with law. mr. mazumdar onbehalf ..... 5(1)(a) of the indian citizenship act, to be registered as a citizen of india. section 5(1)(a) enables a person of indian origin, who is ordinarily resident in india and was so resident for 6 months prior to the making of the application, ..... the application itself is concerned, the intention is apparent that the petitioner wishes to be an indian citizen, but as to whether he intends to make india his permanent home, cannot be decided without an enquiry. in his application, the applicant has said on oath that he intends to do so. the ..... to dacca in east pakistan. there, he took out a pakistani passport declaring himself to be a pakistan citizen. he has then come back to india with a temporary visa and upon the expiry thereof he was asked to leave; but he prayed for time and finally made an application under section ..... for example, he has to satisfy himself that the person is of indian origin. secondly, that he has close connections in india. thirdly, that he has an intention to make india as his permanent home. fourthly, that he is of good character and otherwise a fit and proper person to be registered as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-07-1960
Reported in : AIR1961SC58; 1SCR576
..... of his enrolment as a voter, the date of acceptance of his nomination and the date of his election. if however he was not a citizen of india at the commencement of the constitution he had not since acquired citizenship and so his election would be void. the respondent's case all along was that he was that he was a citizen of ..... citizens which application had to be filed before the date of the commencement of the constitution. but while the primary provisions in the constitution as regards the citizenship for people born at a place now included in india and people whose parents were born at a place now in india insist on that requirement of intention to reside here permanently by using the word 'domicile ..... . 11, only saves expressly the right of parliament to make provisions as regards acquisition and termination of citizenship and all other matters relating to citizenship. of the other six articles, the first, art. 5, says who shall be citizens of india at the commencement of the constitution, while arts. 6 and 8 lay down who though not citizens under art. 5 shall be deemed ..... or ordinary residence in this area for a continuous period of five years immediately preceding the commencement of the constitution. if there had been no division of india and no portion of the old india had been lost this would have been sufficient, as regards conferment of citizenship apart from the special provision for giving such rights to persons of indian origin residing outside .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-26-1960
Reported in : AIR1961Cal258,65CWN1142
..... a) and (b) of article 5 do not apply to corporations. articles 6 and 8 of the constitution which deal with the rights of citizenship of persons who have migrated to india from pakistan and the rights of citizenship of persons of indian origin residing outside india, have likewise no application to the corporations. article 19(1) (a) to (c) cannot possibly ..... business guaranteed -to them under the constitution. part ii of the constitution is entitled 'citizenship'. but the word 'citizen' has not been defined in the constitution. article 5 lays down that at the commencement of the constitution every 'person' who has his domicile in the territory of india and who was horn in the territory of india; or either of whose parents was ..... would be a citizen, and would continue to be a citizen. but there is no means provided, whereby a company may acquire citizenship after that date. this is an anomaly which can only be ..... for the acquisition and termination of citizenship and all other laws relating to citizenship. parliament has promulgated a law namely the 'citizenship act'. in that act, however, companies and corporations have been excluded. the position therefore, is somewhat anomalous. a company which has been ordinarily resident in india for 5 years preceding the commencement of the constitution, namely, 26th january, 1950 .....Tag this Judgment!
Court : Orissa
Decided on : Jul-22-1960
Reported in : AIR1961Ori150; 26(1960)CLT610; 1961CriLJ353
..... is one anwar ali who though formerly a resident of kotpad migrated to pakisthan some time in 1949 and consequently lost his indian citizenship under article 7 of the constitution.2. the petitioner also went to pakisthan but returned to india with a pakisthani pass-port (ext. 7) in which he was described as a citizen of pakisthan. in the c visa affixed ..... circumstances justifying such registration, cause any minor to be registered as a citizen of india. when the petitioner's father lost his indian citizenship on his migration to pakisthan in 1949, by virtue ot article 7 of the constitution, the petitioner, as his minor son, also lost his indian citizenship and became a citizen of pakistan. he made several applications to the authorities concerned ..... for being registered as a citizen of india, but they were rejected.it is true ..... that a passport alone is no evidence of citizenship, but apart from the passport the other .....Tag this Judgment!
Court : Guwahati
Decided on : May-10-1960
..... allowed. in present case the petitioner is not challenging the validity of the order under article 226 of the constitution. he was given a notice to quit india within a month. if his case was covered by section 9 of the indian citizenship act, he had sufficient time t0 get a decision from the central government. he had violated the order and ..... five years immediately preceding the commencement of the constitution. the magistrate after consideration of the evidence has come to the conclusion that the petitioner failed to prove ..... virtue of article 5(1) of the constitution which provides that at the commencement this constitution every person who has his domicile in the territory of india and who has been ordinarily, resident in tile territory of india for not less than five years immediately preceding such commencement, shall be a citizen of india. he did, not claim indian citizenship by birth. he urged that he ..... had been resident in india for not less than .....Tag this Judgment!