Court : Kolkata
Decided on : Nov-13-2003
Reported in : 2004(1)CHN571
..... . the proof of establishment of the institution is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. the apex court, however, did reiterate that the minority competent to claim the protection of article 30(1) and on that account the privilege of ..... of language, script and culture is an ingredient necessary for claiming minority status. article 30(1) is a necessary concomitant of the right guaranteed under article 29 of the constitution of india. articles 29 and 30 are independent of each other. but the interplay between articles 29 and 30 is the basic element for the proof of establishment of a school as ..... support of his above contentions referring to rule 8(3) of the management of recognized non-government institution (aided and unaided) rules, 1969 and articles 29 and 30 of the constitution of india. we would refer to the respective contentions and the decisions cited by him at appropriate stage.contention on behalf of the appellant-state: mat no. 1538 of 1998 :4 ..... arises for our determination is as to whether the respondent siliguri hindi high school is a minority institution within the meaning of and protection guaranteed under article 30 of the constitution of india.facts :2. the siliguri hindi high school was established as an anglo hindi english medium school in 1935 by the hindi speaking marwari business community of siliguri after this .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : May-27-2003
Reported in : AIR2004J& K16,2003(3)JKJ639
..... kashmir and was serving in the state government up to 1965 was definitely a citizen of india by virtue of provisions of the citizenship act, 1955 and consequently a permanent resident of the state in terms of the definition as provided under section 6 of the constitution of jammu and kashmir read with state notification no. 1-l84 dated 20.4.1927 and ..... controversy are quoted hereunder:-'6. permanent residents -- (1) every person who is, or is deemed to be, a citizen of india under the provisions of the constitution of india shall be a permanent resident of the state, if on the fourteenth ..... 9 of the citizenship act 1955, which is relevant for the purpose of present ..... , he has no lawful reasons to stay back in india.7. in order to determine the claim and right of the petitioner to stay in india on the plea of he being a permanent resident of state, certain provisions of the state constitution and citizenship act needs to be noticed. section 6 of the constitution of jammu and kashmir defines a permanent resident and section .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-02-2003
Reported in : 2004(3)BomCR85; [2004(102)FLR805]; (2004)IIILLJ474Bom; 2004(1)MhLj619
..... the order of reference and, therefore, by necessary implication, the power/jurisdiction which the larger bench has exercised cannot be said to be under article 226 of the constitution of india and it remained with the division bench and was exercised by division bench by disposing of the writ petition finally keeping in view the law laid down by the full ..... to decide the controversy in issue, is whether the full bench, while deciding the questions of reference made by the division bench, exercises jurisdiction under article 226 of the constitution of india, since this is the only exception to the general rule wherein jurisdiction of review takes its colour from its original jurisdiction in which the judgment was rendered. in other ..... jurisdiction, which the full bench exercises, is an advisory and consultative jurisdiction of a larger/special bench, which was sought to be invoked, and not under article 226 of the constitution of india. it is submitted that the full bench exercises jurisdiction, which is not only independent, distinct and separate, but advisory and consultative as well. in order to substantiate the contention ..... candidate is not a citizen of india and hence not qualified, or is disqualified for being a candidate in the election can be raised in an election petition before the high court in spite of the returned candidate holding a certificate of citizenship by registration under section 5(1)(c) of the citizenship act. a plea as to constitutional validity of any law can .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-20-2003
Reported in : AIR2004Kant177; ILR2004KAR277
..... held on 27.3.2002?5. whether the petitioner proves that the first respondent owes allegiance or adherence to a foreign state within the meaning of article 102 of the constitution of india and therefore, he is disqualified for being chosen as a member of parliament?6. whether the election of the first respondent to the council of states from karnataka held ..... be disqualified for being chosen as, and for being, a member of either house of parliament- a. xxxb. xxxc. xxxd. if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state or is under an acknowledgment of allegiance or adherence to a foreign state:e. if he is so disqualified by or under any law ..... or is under any acknowledgment of allegiance or adherence to foreign state.25. there is no dispute that 1st respondent is a citizen of india nor is the case of the petitioner that he has acquired voluntarily citizenship of a foreign state. but, the only contention is that he is under an acknowledgment of allegiance or adherence to a foreign state.26 ..... , i move; 'that for sub-clause (d) of clause (1) of article 83, the following be substituted :- (e) if he has ceased to be a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state and'. sir, i am following the sound maxim which i laid .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jun-27-2003
Reported in : (2003)(89)ECC656
..... the goods into india and are liable to penalty on account of that. the defence of the appellants is that shri jagdish panjabi is a foreign national (of belize citizenship) and his business are carried out abroad and the sale of the goods abroad on the orders of liberian embassy constituted no offence ..... under the indian customs act. the defence has two limbs -- one is that a sale transactions abroad is not covered by the customs act of india and the ..... db).it is of no relevance that he is located abroad or that he is an alien holding another country's citizenship. he had played his role in implementing the conspiracy and that makes him liable to penalty.customs act, 1962 makes no distinction between citizens of ..... arisen.it is clear from the evidence that jagdish panjabi was a party to the conspiracy of his brother and others to smuggle electronic goods into india in the guise of construction material. by supplying electronic goods, after falsely describing them as construction materials in import documents, shri jagdish panjabi and his ..... other is that customs act is limited in the jurisdiction to the territory of india and sale transactions .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-13-2003
Reported in : 2003(3)AWC2106
..... from continuing as such member. dr. misra has referred to the provision contained under articles 174 175 189 191 and 194, of the constitution of india, so as to highlight his argument that right and privilege of freedom of speech, referred to in article 194(1) are subject only to ..... the progress of a mature society.'that was the case where the detenu had complained against putting of unreasonable iron fetters while in jail. likewise, a constitutional bench in sunil batra v. delhi administration : 1978crilj1741 , stated as under :'it is no more open to debate that convicts are not wholly ..... enjoys some of his freedoms guaranteed under article 19(1) and some of his fundamental rights guaranteed under articles 14 and 21 of the constitution, so the opposite parties cannot say that the legislator cannot enjoy such rights and privileges as mentioned in article 194, when he is under ..... declared by a competent court ; (c) if he is an un-discharged 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 allegiance or adherence to a foreign state ; (e) if he is so ..... disqualified by or under any law made by parliament. article 194. powers, privileges, etc., of the house of legislatures and of the members and committees thereof.--(1) subject to the provisions of this constitution .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-05-2003
Reported in : 2003(2)AWC1642b
..... principle, which underlines article 14 is that equals must be treated equally, that is to say, that 'law must operate equally on all persons under like circumstances' seervai's constitutional law of india, third edition, p. 296. article 14, though apparently absolute in its terms, permits the state to pass a law which makes a classification, so long as the classification is ..... respondent no. 5 but the power corporation-respondent no. 1 has taken decision to award contract to the respondent no. 5 which action is violative of article 14 of the constitution of india and is non-est.5. in chairman, railway board's case (supra), the hon'ble supreme court, the paragraph 35 on which reliance has been placed by sri umesh ..... of the state will have to be read into the universal declaration as also in every article dealing with fundamental rights including article 21 of the indian constitution.'6. in deena v. union of india (supra), the validity of the mode of execution of the death sentence was questioned before the court and the apex court while dealing with the question of ..... u. superintendent, presidency jail, calcutta, that the power of the government in india is to expel foreigners is absolute and unlimited and there is no provision in the constitution fettering this discretion.'14. in state of arunachal pradesh v. khudiram chakma, the supreme court while examining the provisions of the citizenship act, 1955, in respect to the appellant and other 56 families, popularly .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALD284; 2003(1)ALT738
..... , but could not independently hold an enquiry into that question on its own. the supreme court clearly ruled that the question of loss of citizenship of a person would depend upon the decision of the authority constituted for determining the question, under section 9(2) of the 1955 act.35. apropos the ratio deducible from the aforesaid decision of the supreme ..... having regard to the provisions of article 11 of the constitution and section 9 of the citizenship act, 1955 (for short 'the 1955 act'), the provisions with regard to determination of citizenship and determination of the questions whether, when or how any person hadacquired citizenship of any other country and therefore lost the citizenship of india are to be determined by such authority and in such ..... benefit of any reservation provided to such castes, tribes or classes inter alia for any benefit under any special provisions made under clause (4) of article 15 of the constitution of india or for the purpose of contesting for elective post in any local authority or for elective posts in the co-operative institutions, make an application in such form and ..... . section 2(i) defines 'scheduled castes and scheduled tribes' as having the meanings respectively assigned to them in clause (24) and clause (25) of article 366 of the constitution of india.7. section 3 deals with application for a community certificate and enacts that any person inter alia belonging to scheduled castes, scheduled tribes or backward classes may in order to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-13-2003
Reported in : AIR2003SC4536; [2004(2)JCR248(SC)]; JT2003(Suppl2)SC515; (2004)2MLJ14(SC); 2003(8)SCALE536; (2003)8SCC567
..... ors. : air1999sc22 ). exercise of self-restraint, thus, should be adhered to, subject of course to, just exceptions.' 33. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance', at page 105 states:'however, this concept of democracy as rights-based with limited governmental power, and in particular of the ..... was open to the competent authorities to evolve their own procedure. such a procedure of taking a decision upon deliberations does not fall foul of article 14 of the constitution of india. no malice of fact has been alleged in the instant case. the high court has proceeded to pronounce its judgment inter alia on the ground that the price ..... must be rendered in negative. the high level committee was chaired by the minister who in terms of the rules of executive business framed under article 166 of the constitution of india was entitled to represent the state. once a consultation takes place by mutual discussions and a consensus is arrived at between different authorities performing different functions under the ..... c.p.c. having been published, the writ petition was not maintainable.c) that the government of karnataka in exercise of its executive powers under article 162 of the constitution of india has established a single window agency to accord, with significant authenticity, sanction/clearance/ approval to the establishment of new industries of expansion of existing units, which include sanction .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-12-2003
Reported in : 2003(6)ALD261; 2003(5)ALT613
..... to grounds (e) and (j), it is submitted that there is no discrimination to the petitioner and the state action has not violated article 14 of the constitution of india. the local manufacturers constitute a class and since the classification has reasonable nexus to the object sought to be achieved i.e., to prevent smuggling liquor trade in accordance with the underlying ..... , in favour of others, it could still regulate such farmed out right and privilege, but consistent with the principles of equality enjoined upon it under article 14 of the constitution of india.(d) any infraction by the state in this area, in respect of its equality obligations, is judicially renewable.(e) where the state arbitrarily, capriciously or irrationally declines purchase ..... latitude is, however, not a licence to despotism or to practise arbitrariness. it is the substantive harm that gives any equal protection claim its power; harm to the equal citizenship values of respect, participation and responsibility. for the court faced with such a claim, there is no legitimate escape from inquiring into the nature and seriousness of that harm; ..... article 14 embodies and emphasises that idea. the substantive core of article 14 and of the equal protection clause thereunder in particular, enacts a principle inter alia of equal citizenship. it requires that there should be public good justification for every classification by the state. every exercise of the state power must be informed by reason and must extend .....Tag this Judgment!