Court : Rajasthan
Decided on : Jun-11-1980
Reported in : 1980WLN(UC)318
..... the provisions of citizenship rules, 1956. the petitioners filed the present writ petition of june 5, 1980, praying the same relief which ..... writ petition, was received by the home secretary, government of india on may 24, 1980. the said application is still pending decision by the central government in accordance with ..... citizenship act, 1955 for determining the question as to whether or not they bad acquired the citizenship of pakistan and as such lost india citizenship. the said application, according to the petitioners' averments in the ..... in any case it is pre-mature. the petitioners who are admittedly pakistan passport holders and who entered india on the basis of the said passports on march 12, 1980, have since made an application dated may 21, 1980, under rule 30, citizenship rules, 1956, made by the central government in exercise of powers conferred by section 18 of the .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-17-1980
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... will be sufficient to compare our preamble with the preamble to only two other constitutions by quoting them, supplying the emphasise where necessary. the preamble to our constitution, as originally enacted, provided as follows:we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic and to secure to all its citizens;justice, social, economic and political;liberty ..... the remainder of that province;.45. the constituent assembly so set up under the indian independence act adopted and enacted in the name of the people of india the constitution of india. under act. 394 of the constitution the said article 394 and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393 came ..... under either or both of these articles. the determination of this controversy involves an inquiry into the jurisdiction possessed by the existing high courts at the commencement of the constitution of india, the nature and sources of this jurisdiction and the power of the high courts to regulate the exercise of their jurisdiction, as also an inquiry into the nature ..... of the civil servants who act under them; the armed forces and the power to control them; the relations between the central government and local authorities; treaty-making power; citizenship; the raising and spending of public money; the general system of courts, and the tenure and immunities of judges; civil liberties and their limitations; the parliamentary franchise and electoral .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-10-1980
Reported in : AIR1981MP26; 1981MPLJ126
..... nomination paper to be signed by one proposer who is an elector of the constituency is unconstitutional as under article 84 of the constitution a citizen of india who holds the necessary qualifications prescribed in this article is entitled to contest the election to either house of parliament. according to the ..... contained in sub-section (1), for election to the legislative assembly of sikkim (deemed to be the legislative assembly of that state duly constituted under the constitution), the nomination paper to be delivered to the returning office shall be in such form and manner as may be prescribed :provided that the ..... the hold-fag of elctions to the parliament and also matters connected with the constitution of either house of parliament. the language used in this article clearly confers wide authority on the parliament to make laws about the procedure ..... the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.'this provisions clearly confers powers on the parliament to legislate on all matters relating to or in respect of ..... stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of an allegiance or adherence to a foreign state;(e) if he .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-02-1980
..... with the federal rule. under hanna, petitioner contends, the appropriate question is whether rule 3 is within the scope of the rules enabling act and, if so, within the constitutional power of congress. in petitioner's view, the federal rule is to be applied unless it violates one of those two restrictions. this argument ignores both the force of stare ..... barred in the state courts by the state statute of limitations should proceed through litigation to judgment in federal court solely because of the fortuity that there is diversity of citizenship between the litigants. the policies underlying diversity jurisdiction do not support such a distinction between state and federal plaintiffs, and erie and its progeny do not permit it. the ..... courts exercising diversity jurisdiction need not, in matters of "general jurisprudence," apply the nonstatutory law of the state. the court noted page 446 u. s. 745 that "[d]iversity of citizenship jurisdiction was conferred in order to prevent apprehended discrimination in state courts against those not citizens of the state," erie r. co. v. tompkins, supra at 304 u. s. ..... period. federal rule of civil procedure 3 provides that a civil action is commenced by filing a complaint. in this case, petitioner's personal injury action, based on diversity of citizenship, was brought against respondent m federal district court in oklahoma, and, although the complaint was filed within oklahoma's 2-year statute of limitations, service on respondent was not .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-27-1980
..... or transportation of a firearm by felons, veterans who are discharged under dishonorable conditions, mental incompetents, aliens who are illegally in the country, and former citizens who have renounced their citizenship, constitutes -- " "(1) a burden on commerce or threat affecting the free flow of commerce," "(2) a threat to the safety of the president of the united states and vice ..... statute to prohibit the possession of firearms only by those who have been constitutionally convicted of a felony. the court nevertheless adopts the government's construction, relying on a supposed legislative resolve to enact a sweeping measure against the misuse of firearms. ..... as the basis for prosecution. tr. of oral arg. 29-30. the second is petitioner's -- that the predicate conviction must be not only outstanding, but also constitutionally valid. because either interpretation fairly comports with the statutory language, surely the principle of lenity requires us to resolve any doubts against the harsher alternative, and to read the ..... outstanding prior felony conviction, and that the statutory prohibition applied irrespective of whether that prior conviction was subject to collateral attack. the court of appeals also rejected lewis' constitutional argument to the effect that the use of the prior conviction as a predicate for his prosecution under 1202(a)(1) violated his rights under the fifth and sixth .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-1980
..... concluded by describing the rebuttable presumption of voluntariness in 1481(c). [ footnote 9 ] the secretary asserts that the 1481(c) presumption cannot survive constitutional scrutiny if we hold that intent to relinquish citizenship is a necessary element in proving expatriation. brief for appellant 26. the predicate for this assertion seems to be that 1481(c) presumes intent to ..... , 387 u. s. 268 (1967), " protect[s] every citizen of this nation against a congressional forcible destruction of his citizenship,'" and that every citizen has "`a constitutional right to remain a citizen . . . unless he voluntarily relinquishes that citizenship.'" app. to juris.statement 25a. a person of dual nationality, the district court said, "will be held to have expatriated himself ..... end, of the inquiry. it remains the task of this court to determine when those rules and standards impinge on constitutional rights. as my brother stevens indicates, the court's casual dismissal of the importance of american citizenship cannot withstand scrutiny. and the mere fact that one who has been expatriated is not locked up in a prison ..... footnote 1 ] the page 444 u. s. 255 issues in this case are whether, in establishing loss of citizenship under 1481(a)(2), a party must prove an intent to surrender united states citizenship and whether the united states constitution permits congress to legislate with respect to expatriation proceedings by providing the standard of proof and the statutory presumption contained .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-22-1980
..... consequences could raise a "strong inference that the adverse effects were desired," but refused to treat this presumption as conclusive in cases alleging discriminatory distribution of constitutional gratuities. i would apply the common law foreseeability presumption to the present cases. the plaintiffs surely proved that maintenance of the challenged multimember districting would have ..... vote-dilution decisions, then, involve the fundamental interest branch, rather than the antidiscrimination branch, of our jurisprudence under the equal protection clause. they recognize a substantive constitutional right to participate on an equal basis in the electoral process that cannot be denied or diminished for any reason, racial or otherwise, lacking quite substantial justification. ..... designing electoral districts along racial or religious lines." " * * * *" "when racial or religious lines are drawn by the state, the multiracial, multireligious communities that our constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion, rather than to political issues, are generated; communities seek not the best ..... they stand simply for the proposition that, "if a challenged state statute grants the right to vote to some bona fide residents of requisite age and citizenship and denies the franchise to others, the court must determine whether the exclusions are necessary to promote a compelling state interest." kramer v. union school district, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-15-1980
..... social obligation," ibid. all citizens apparently are "obliged to assist the authorities" in this way, and petitioner's failure to do so was not only "a badge of irresponsible citizenship," but constituted "antisocial conduct" as well. ante at 445 u. s. 558 , 445 u. s. 559 . the court supports its stern conclusions about petitioner's civic duty only ..... justified without additional information. [ footnote 2/6 ] the enhancement of petitioner's sentence, then, was impermissible because it may have burdened petitioner's exercise of his constitutional rights or been based on a factor unrelated to the permissible goals of sentencing. in addition, it represented an improper involvement of the judicial office in the prosecutorial function ..... inferences. at the least, sentencing judges should conduct an inquiry into the circumstances of silence where a defendant indicates before sentencing that his refusal to cooperate is prompted by constitutionally protected, or morally defensible, motives. furthermore, especially where conviction is based upon a guilty plea, it may be advisable for trial judges to raise the question of ..... even after the prosecutor observed that the failure to cooperate could be viewed as evidence of continuing criminal intent, petitioner remained silent. petitioner insists that he had a constitutional right to remain silent, and that no adverse inferences can be drawn from the exercise of that right. we find this argument singularly unpersuasive. the fifth amendment privilege .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-02-1980
..... although this record suffices to support the congressional judgment that minority contractors suffered identifiable discrimination, congress need not be content with findings that merely meet constitutional standards. race-conscious remedies, popularly referred to as affirmative action programs, almost invariably affect some innocent persons. see infra at 448 u. s. ..... s. 103 . "it is perfectly clear that neither the congress nor the president has ever required the civil service commission to adopt the citizenship requirement as a condition of eligibility for employment in the federal civil service. on the other hand, in view of the fact that the ..... the dramatic differences between these two legislative responses to racial injustice reveals not merely a difference in legislative craftsmanship, but a difference of constitutional significance. whereas the enactment of the voting rights act was preceded by exhaustive hearings and debates concerning discriminatory denial of access to ..... racial classes by criteria that can be administered objectively, it must study precedents such as the first regulation to the reichs citizenship law of november 14, 1935, translated in 4 nazi conspiracy and aggression, document no. 1417-ps, pp. 8-9 (1946): "on ..... the basis of article 3, reichs citizenship law, of 15 sept. 1935 (rgb1. i, page 146) the following is ordered:" " * * * *" " article 5" "1. a jew .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-10-1980
..... . the criminal defendant, no less than any other citizen, is obliged to assist the authorities." (footnote omitted.) [ footnote 2/6 ] "petitioner insists that he had a constitutional right to remain silent and that no adverse inferences can be drawn from the exercise of that right. we find this argument singularly unpersuasive. the fifth amendment privilege against compelled ..... failure to volunteer incriminating statements impermissibly infringes the privilege against self-incrimination. third, the availability of the inference for impeachment purposes impermissibly burdens the decision to exercise the constitutional right to testify in one's own defense. a the use of prior silence for impeachment purposes depends, as the majority recognizes, ante at 447 u. s ..... 113. although the term "misprision of felony" now has an archaic ring, gross indifference to the duty to report known criminal behavior remains a badge of irresponsible citizenship." "this deeply rooted social obligation is not diminished when the witness to crime is involved in illicit activities himself. unless his silence is protected by the privilege against ..... denied leave to appeal. the petitioner then sought a writ of habeas corpus from the federal district court for the eastern district of michigan, contending that his constitutional rights were violated when the prosecutor questioned him concerning prearrest silence. a federal magistrate concluded that the petition for habeas corpus relief should be denied. the .....Tag this Judgment!