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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Sorted by: recent Year: 1962 Page 1 of about 31 results (0.077 seconds)

Nov 27 1962 (HC)

Sultan Khan Vs. Sailesh Chandra Nundy

Court : Kolkata

Decided on : Nov-27-1962

Reported in : AIR1963Cal527

..... , 1955, bars the election tribunal from deciding that the petitioner was rot a citizen of india. section 9(1) of the citizenship act, 1955, states that a person who was a citizen of india at the commencement of the constitution may subsequently acquire the citizenship of some other country. section 9(2) of the said act describes the authority having exclusive jurisdiction ..... he never became a citizen of india. 2. the contention of the petitioner that ..... living in india. as the petitioner migrated from india to pakistan after the first day of march, 1947 and before the constitution of india came into force, he must be deemed not to be a citizen of india having regard to article 7 of the constitution. the election tribunal rightly held that the petitioner never acquired the citizenship of india under the constitution and that ..... to determine it e citizen of india has acquired the citizenship of some other country. if the petitioner was ever a citizen of india the election tribunal was not .....

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Nov 27 1962 (SC)

Fateh Mohd, Son of Nathu Vs. Delhi Administration

Court : Supreme Court of India

Decided on : Nov-27-1962

Reported in : AIR1963SC1035; [1963]Supp2SCR560

..... foreigner under the act. some of the relevant provisions of the constitution and citizenship act 57 of 1955 may conveniently be extracted. article 5 of the constitution says :- 'at the commencement of this constitution, every person who has his domicile in the territory of india and - (a) who was born in the territory of india; or (b) either of whose parents was born in the territory ..... additional sessions judge was not justified in ignoring the evidence of respectable witnesses who spoke to the fact that the appellant was born in india and continued to reside in india at the date of the commencement of the constitution and thereafter. the learned additional sessions judge as a judge of fact considered the evidence in the light of probabilities and the documentary ..... act, 1872 (1 of 1872) lie upon such person'. 11. under art. 5(a) of the constitution the appellant cannot be a citizen of india unless he was born in the territory of india and had his domicile in the territory of india at the commencement of the constitution. in this case the appellant claimed to be a citizen under art. 5(a) of the ..... of india; or (c) who has been ordinarily resident of the territory of india .....

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Nov 13 1962 (HC)

Fazal Dad Alias Sardar Khan Fateh Ali Vs. the State of M.P.

Court : Madhya Pradesh

Decided on : Nov-13-1962

Reported in : AIR1964MP272; 1965MPLJ329

..... of india either by virtue of any of the provisions in the constitution or the citizenship act 1955. -- (see frioz meharuddin v. sub-divisional officer (mp), air 1961 madh pra 110.)it is true ..... amendment of section 2(a) of the foreigners act in 1957. be treated as 'foreigners'; but the effect of the provisions of article 7 of the constitution is that all persons who had migrated from the territory of india to the territory now included in pakistan after the 1st day of march, 1947 had to be deemed not to be citizens of ..... amendment of the definition of 'foreigner' in section 2 (a) of the foreigners act, 1946 by the foreigners laws (amendment) act, 1957. the citizenship act, 1955, however, makes a distinction between a commonwealth citizen and a citizen of india. under section 11 of that act every person who is a citizen of a commonwealth country specified in the first schedule shall, by ..... government under section 12 of the citizenship act by an order notified in the official gazette. no such notification has been issued by the central government conferring rights of citizens of india on citizens of pakistan. persons who migrated to pakistan after 1-3-1947 and who did not return to india till the commencement of the constitution cannot be considered to be citizens .....

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Apr 16 1962 (HC)

Abida Khatoon and anr. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Apr-16-1962

Reported in : AIR1963All260; 1963CriLJ724

..... of loyalties to breaking point in some individual families. in these exceptional circumstances, the framers of the constitution provided that during these three years even a wife would lose her citizenship if she migrated to pakistan leaving her husband behind in india. the laws of many other countries recognise exceptions to the general rule that the domicile of the wife ..... five years). therefore loss of citizenship means the loss of the essential ingredient of citizenship-- domicile (the fact of birth or previous residence could not be ..... made compulsory in all cases without exception, and there could be no citizenship of india at the commencement of the constitution without an indian domicile. in 1951, section 3 (d) of the pakistan citizenship act provided that person who before the commencement of that act had migrated from india to pakistan with the intention of residing there permanently acquired thecitizenship of pakistan ..... such persons by enjoining that a person who acquired the citizenship of another country shall cease to be a citizen of india.but what is the legal effect of a person ceasing to be a citizen of india? we have seen that citizenship of india at the commencement of the constitution was based on two qualifications-- domicile and birth (or residence for .....

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Jan 30 1962 (HC)

Gulam Rasool Vs. State of U.P. and anr.

Court : Allahabad

Decided on : Jan-30-1962

Reported in : AIR1962All621

..... to pakistan in 1950 and if he migrated in that year before the 26th of january he could never acquire indian citizenship under the constitution of india.under article 7 of the constitution he would be deemed never to have been a citizen of india.it was for the appellant to show that he did not in fact migrate before the 26th of january 1950 ..... only presumption would be that he tried to do so because as a result of migration he never acquired indian citizenship which means that he left india before the 26th of january 1950, and since he migrated to pakistan, article 7 of the constitution became applicable to his case. while such a possibility exists, it is impossible to hold that the appellant was ..... . that however does not militate against his declaration that he migrated to pakistan in 1950. it is quite possible that having, migrated in 1950 and having lost indian citizenship he sneaked into india sometime in 1952 and then continued to live here surreptitiously until he again sneaked back into pakistan in the year 1955. if this happened the facts as given by ..... ever a citizen of india so that even in september, 1956, when he came back to india, even though he might not have acquired citizenship of any other country and might not have become a .....

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Dec 21 1962 (SC)

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Decided on : Dec-21-1962

Reported in : AIR1963SC1241; [1964]1SCR371

..... states are not coordinate with the union and are not in many respects independent. 25. legal sovereignty of the indian nation is vested the people of india who as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects specified therein. the political sovereignty is distributed between, as we will presently demonstrate, the union of ..... linked with the scope and nature of the powers of the union and the states thereunder. the constitution purports to have been enacted by the people of india who have solemnly resolved to constitute india into a sovereign democratic republic. india is described as a union of states. the preamble to the constitution indicates that the political sovereignty of the country rests in the people of ..... the states. this is illustrated by certain striking features of our constitutional set up. there is no dual citizenship in india : all citizens are citizens of india and not of the various states in which they are domiciled. there are no independent constitutions of the states, apart from the national constitution of the union of india : ch. ii, part vi from arts. 152 to 237, deals with .....

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Sep 28 1962 (SC)

State of Madhya Pradesh Vs. Peer Mohd. and anr.

Court : Supreme Court of India

Decided on : Sep-28-1962

Reported in : AIR1963SC645; [1963]Supp1SCR429

..... or by naturalisation, registration or voluntary acquisition of foreign citizenship in any other manner, under s. 9, or by deprivation ..... to examine briefly the scheme of the seven articles that occur in part ii. these articles deal with the question of citizenship. article 5 provides that at the commencement of the constitution, every person who has his domicile in the territory of india and who satisfies one or the other of the three tests prescribed by cls. (a), (b) and (c), ..... .c.r. 235. it is well-known that the citizenship act has been passed by the parliament by virtue of the powers conferred and recognised by arts. 10 and 111 of the constitution and its relevant provisions deal with the acquisition of citizenship of india as well as termination of the said citizenship. citizenship of india can be terminated either by renunciation under s. 8, ..... 26, 1950, and under art. 7 of the constitution they cannot be deemed to be citizens of india. in the alternative, it was urged that since the respondents had obtained a pakistani passport, they have acquired the citizenship of a foreign country and that has terminated their citizenship of india under s. 9 of the citizenship act, 1955 (lvii of 1955). it appears that .....

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Sep 21 1962 (HC)

Abdul Barik Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Sep-21-1962

Reported in : AIR1964Cal324

..... declaration that he was a pakistan national in 1953-the petitioner, therefore, cannot be a citizen of india under article 6 of the constitution on the facts of this case.10. mr. ali thereafter fell back on rule 9 of the citizenship rules under the citizenship act. his contention is that the collector under that rule shall before registering a person under section 5 ..... 5 of the citizenship act.8. coming now to the petitioner's assertion that he is a citizen of india by virtue of articles 5 and 6 of the constitution mr. ali appearing in support of the petitioner contends that the petitioner comes under article 5(c) of the ..... be made by a person who is already such a citizen by virtue of the constitution or by virtue of any of the other provisions of the citizenship act. the petitioner's present case is that he had already been a citizen of india by virtue of the constitution and the present case therefore is flatly contradicted by his making the application under section ..... . the other case to which mr. ah made reference is izhar ahmad khan v. union of india, reported in : air1962sc1052 . a majority decision in that case holds in favour of the constitutional validity of the rule of evidence as prescribed by section 9(2) of the citizenship act and laysdown that a passport obtained by a person from a foreign country is relevant .....

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Apr 27 1962 (HC)

Abdul Gafar Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-27-1962

Reported in : AIR1963Guj48; (1963)0GLR247

..... in the light of the facts end circumstances of that case. there the petitioner was born at godhra, of parents who also were born in india and had a domicile in india at the commencement of the constitution. he was, therefore, a citizen under article 5. we held in that case that article 7 did not apply to him as he had not ..... ground of migration as contemplated by article 7. we also held that as there was no order passed by the central government to the effect that he had lost his citizenship by having been in pakistan or on his having obtained a pakistani passport, the order of deportation passed against him was not a valid order and was premature. the facts ..... distinction between the two questions (1) whither a person is an indian citizen or a foreigner and (2) whether a person having once been an indian citizen has renounced that citizenship and acquired a foreign nationality. they held that the first question was not one which was within the exclusive jurisdiction of the central government to decide and, therefore, a civil ..... jurisdiction to determine it. the question therefore whether the petitioner in this case is a foreigner or a citizen of india is within the jurisdiction of a civil court and not the central government by virtue of section 9 of the citizenship act.6. the question then is whether even on the assumption that the petitioner was not a foreigner when he .....

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Apr 17 1962 (SC)

The Government of Andhra Pradesh Vs. Syed Mohd. Khan

Court : Supreme Court of India

Decided on : Apr-17-1962

Reported in : AIR1962SC1778; [1962]Supp3SCR288

..... case of izhar ahmad khan is that as soon as it is shown that a person has acquired a passport from a foreign government, his citizenship of india automatically comes to an end, and he contends that in such a case it is not necessary that the central government should hold any ..... . 4. the court of appeal has also observed that under the citizenship act and the rules framed thereunder, the central government has been constituted as a special tribunal for deciding the question as to whether a person has acquired the citizenship of a foreign country or not, and so, before issuing the orders ..... , the said rule was outside the authority conferred on the central government by s. 9(1) and it also contravened article . 19 of the constitution. the consequence of these findings inevitably was that the orders of deportation passed by the appellant against the respondents were held to be invalid. that is ..... soon as it is shown that a person has acquired a passport from the pakistan government, there is an automatic statutory cesser of his citizenship of india. in the result, the learned judge upheld the validity of the orders of deportation passed by the appellant against the respondents and dismissed ..... to be tried by the central government and it is only after the central government has reached the conclusion that the respondents have acquired the citizenship of pakistan that the appellant can issue orders of deportation against them. that being our view, we confirm the writs issued by the high .....

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