Court : Mumbai
Decided on : Jun-27-1994
Reported in : 1994(4)BomCR196
..... at the trial of the suit to the following effect : (1) does the plaintiff prove that he is a citizen of india under article 5 of the constitution (2) do the defendants prove that the claim of the plaintiff to indian citizenship stands terminated by reason of his voluntary acquisition of a pakistan passport (3) is the plaintiff entitled to any of the ..... in case it is held by the court that the appellant was not a citizen of india at the commencement of the constitution, the appellant may be granted leave by the court to make the necessary application to the central government or the prescribed authority for citizenship by registration as contemplated under section 5 of the said act. there is no question of ..... the defendant contended that the plaintiff was not a citizen of india on the date when the constitution of india came into force by reason of applicability of art. 7 of the constitution of india. the defendant further contended in the said written statement that in any event the claim of the plaintiff to indian citizenship stood terminated by reason of the voluntary acquisition of pakistan ..... passport in view of the provisions contained in section 9(2) of the citizenship act, 1955 read with rule 30 and rule .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Mar-31-1994
Reported in : (1995)54ITD241(Delhi)
..... foreign judgments are not conclusive, section 41 of the evidence act, 1872 on relevancy of certain judgments in probate etc., jurisdiction, and article 5 of the constitution of india on citizenship at the commencement of the constitution, it held that it is a well-established proposition in private international lawihat unless a foreign court has jurisdiction in the international sense, a judgment delivered by ..... the nature both of the requisite fact, viz., residence and requisite intention. residence may be defined as habitual physical presence in a place or country. the residence which goes to constitute domicile certainly need not belong in point of time. as per lord cranworth in bell v. kennedy  lr i sc. & di v. 307 (hl), if the intention of ..... of his holding a united kingdom passport in which he was described as a british subject by birth and the fact that he had not done any act to acquire citizenship of any country and that he was ordinarily resident in united kingdom. hence it is unnecessary for the appellate controller of estate duty to set aside the order impugned before ..... that court would not be recognised or enforceable in india and further that if the foreign judgment was obtained by fraud or if the proceedings in which it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1994
Reported in : AIR1994SC2342; JT1994(3)SC372; (1994)IILLJ1220SC; 1994(2)SCALE609; (1994)5SCC282; 3SCR563
..... 1) order, 1975, promulgated under clause (1) of article 371f of the constitution of india, inserted by the constitution india, inserted by the constitution (thirty-sixth amendment) act, 1975. and an order, being sikkim (citizenship) order, 1975, was also issued by the president under section 7 of the indian citizenship act, 1955, declaring that 'every person who immediately before the 26th day of ..... april, 1975, was a sikkim subject under the sikkim subjects regulation 1961, shall be deemed to have become a citizen of india ..... change when by notification dated 17.11.1980 the following paragraph was added :in exercise of the powers conferred by the provision of article 309 of the constitution of india, the governor of sikkim is pleased to adopt the sikkim government establishment rules 1974 as the rules regarding recruitment and conditions of service of persons appointed ..... the abolition of privy council jurisdiction act, 1949, came to be repealed. notwithstanding their repeal, all the laws in force in the territory of india immediately before the commencement of the constitution were continued in force therein, until altered or repealed or amended by a competent legislature or other competent authority, subject of course to the other .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-11-1994
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; 2SCR644
..... an independent or autonomous existence of a state. it must also be realised that unlike the constitution of the united states of america which recognises dual citizenship (section 1(1), fourteenth amendment), the constitution of india, article 5, does not recognise the concept of dual citizenship. under the american constitution all persons born or naturalised in the united states, and subject to the jurisdiction thereof, are ..... immediately preceding such commencement shall be a citizen of india. article 9 makes it clear that if any person voluntarily acquires the citizenship of any foreign country, he will cease to be a citizen of india. these provisions clearly negative the concept of dual citizenship, a concept expressly recognised under the american constitution. the concept of citizenship assumes some importance in a federation because in a ..... country which recognises dual citizenship, the individual would owe allegiance both to the federal government as well as the state government but a .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-1994
Reported in : (1995)IIMLJ367
..... the petitioner. in some matters, orders have been passed by the forum against the petitioner. the petitioner is, therefore, obliged to approach this court under article 226 of the constitution of india with a prayer for issue of a writ of prohibition prohibiting the consumer disputes redressal forum from entertaining, hearing or disposing of complaints filed by the students and for a ..... function of state and local governments........ it is required in the performance of our most basic responsibilities, even service in the armed forces, it is the very foundation of good citizenship. today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment ..... and decided by it. it is argued that the hierarchy of authorities should only decided the question and it cannot be brought before this court under article 226 of the constitution of india. reliance is placed on the judgment of the kerala high court in the central board of secondary education v. the consumer disputes redressal forum, ernakulam : air1994ker153 , to which ..... same view in a.v. georgekutty v. state of kerala : air1994ker19 . in all cases, the court has refused to exercise the discretionary power under article 226 of the 'constitution of india in view of the efficacious alternative remedy available to the party. that does not mean that in all cases where a question of jurisdiction is raised, it should be left .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-12-1994
Reported in : 1995CriLJ3090
..... taking any step or further step pursuant to the purported criminal proceeding would cause prejudice to the petitioner in any manner whatsoever in violation of article 21 of the. constitution of india in any manner whatsoever till the disposal of the writ application;(b) a writ in the nature of certiorari may be issued directing the concerned respondent/respondents to produce ..... pending against the petitioner as above after holding and/or declaring the purported proceeding as illegal arbitrary, mala fide, without jurisdiction and grossly violative of article 21 of the constitution of india.2. the fact of the matter lies in a very short compass.3. the petitioner is said to have passed the m.b.b.s. examination from rajsahi university ..... bengal medical council in terms of the provisions of section 25(1) of the indian medical council act, 1956. the medical council of india directed him to take practical training for one year in ..... , now in bangladesh whereat he also underwent internship training. the petitioner allegedly obtained indian citizenship on 20th september, 1977. on 7th january, 1981 he applied for provisional registration before the west .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-29-1994
..... defined the qualifications of voters, he could only have meant that the existing state qualifications did not do enough to safeguard congress' competence: the state constitutions had not adopted the age, citizenship, and inhabitancy requirements that the framers considered essential. madison's comments readily explain why the framers did not merely incorporate the state qualifications for congress ..... anything to refute thomas jefferson's elegant legal analysis: when congress passed an exclusive naturalization law. see j. kettner, development of american citizenship, 1608-1870, pp. 242-243 (1978). 874 "had the constitution been silent, nobody can doubt but that the right to prescribe all the qualifications and disqualifications of those they would send to represent ..... therefrom"). in the slaughter-house cases, 16 wall. 36, 78-80 (1873), the court was careful to hold that federal citizenship in and of itself suffices for the assertion of rights under the constitution, rights that stem from sources other than the states. though the slaughter-house cases interpreted the privileges and immunities clause of ..... federal character of congressional elections flows from the political reality that our national government is republican in form and that national citizenship has privileges and immunities protected from state abridgment by the force of the constitution itself. even before the passage of the fourteenth amendment, the latter proposition was given expression in crandall v. nevada where .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-04-1994
Reported in : ILR1994KAR1125; 1994(2)KarLJ578
..... in hank form, issued under clause 21 (5) of the 1948 order, was not violative of articles 14 and 19(1)(g) of the constitution, and upheld the constitutional validity of clause 16(1) of the cotton textiles (control) order, 1986 [for short, '1986 order'] and the notification issued thereunder, as amended ..... was to the very same notification and that challenge was repelled by the supreme court under article 19(1)(g) and article 14 of the constitution. legislative competence question was not raised, for reasons best known to the appellants, before the supreme court. now the challenge is mounted on this ..... series of decisions of the supreme court that the decision rendered by the supreme court is binding on all concerned under article 141 of the constitution, whether they were the parties before the supreme court or not. it is true that the present appellants functioning in karnataka state were ..... laid down by the various decisions of the supreme court, the observations made by a division bench of this court in ferro concrete company of india (steels) ltd. v. state of karnataka2 would not survive. in view of our aforesaid conclusion, it must be held that the observations of ..... b.m. lakhani v. malkapur municipality, : air1970sc1002 ; d.c. and g. mills v. shambu nath, : (1978)illj1sc and anil kumar neotia v. union of india, : 3scr738 . in view of this settled legal position, therefore, we cannot hold that this new contention challenging the very same notification which is upheld by the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-1994
Reported in : (1995)2MLJ367
..... the petitioner. in some matters, orders have been passed by the forum against the petitioner. the petitioner is, therefore, obliged to approach this court under article 226 of the constitution of india with a prayer for issue of a writ of prohibition prohibiting the consumer disputes redressal forum from entertaining, hearing or disposing of complaints filed by the students and for a ..... function of state and local government...it is required in the performance of our most basic responsibilities, even service in the armed forces, it is the very foundation of good citizenship. today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment ..... and decided by it. it is argued that the hierarchy of authorities should only decide the question and it cannot be brought before this court under article 226 of the constitution of india. reliance is placed on the judgment of the kerala high court in the central board of secondary education v. the consumer dispute redressal forum, ernakulam : air1994ker153 , to which we ..... view in a. v. george kutty v. state of kerala : air1994ker19 . in all those cases, the court has refused to exercise the discretionary power under article 226 of the constitution of india in view of the efficacious alternative remedy available to the party. that does not mean that in all cases where a question of jurisdiction is raised, it should be left .....Tag this Judgment!
Court : Chennai
Decided on : Nov-23-1994
Reported in : I(1995)DMC418
..... england, nevertheless, suce a decree in a matrimonial proceedings cannot be recognised and enforced by the courts in india and the decree passed by the english county court would not constitute res judiaata and is in fact required to be ignored altogether for the purpose of determining the rights of the ..... of the parties to the marriage, does not stand to reason. however, in these proceedings the court is not called upon to determine the constitutional validity of para 2 of section 2 or section 39 of the indian divorce act. these provisions have to be applied as they are ..... rebuttable only by actual removal to a new place...... on the other hand, time is not the sole criterion of domicile. long residence does not constitute nor does brief residence negative domicile. everything depends upon the attendant circumstances for, they alone disclose the nature of person's presence in a country ..... india. the domicile of the respondent though she is a citizen of india, is no longer in india, but is in u.k. as admitted by the petitioner/applicant and asserted by the respondent.21. the supreme court in the case of d.p. joshi v. state of madhya bharat and anr. : 1scr1215 , has held.'citizenship ..... and domicile represent two different conceptions. citizenship .....Tag this Judgment!