Court : Kolkata
Decided on : Nov-12-2008
Reported in : 2009CriLJ1335
..... and a criminal case under section 14 of the foreigners act was started against her. it is contended on the basis of articles 7 and 9 of the constitution of india that her citizenship cannot automatically come to an end in the facts and circumstances of the case.after giving my careful consideration to the submissions of both the side and having regard ..... of the citizenship act the question of the acquisition of pakistan nationality by the respondent. this court in govt. of ..... , and he is not being tried for having entered india in violation of any law. indeed his visa was admittedly extended by the appropriate authority up to may 22, 1965. as he was clearly a citizen of india at the commencement of the constitution and the question arose whether he had lost indian citizenship thereafter, the central government had to determine under section 9 .....Tag this Judgment!
Court : Kerala
Decided on : Jul-10-2008
Reported in : AIR2008Ker226; ILR2008NULL984
..... country. he submits that the right to get education is a fundamental right and that right is available to any child, irrespective of citizenship. article 21a of the constitution of india is also relied on by the counsel for the petitioner, in support of the contentions.6. learned counsel for the petitioner relied ..... , to apply for admission in the school. if such an interpretation is accepted, the very purpose of the citizenship act and the stringent provisions therein and also the provisions in the constitution of india, particularly articles 5, 6, 8 and 9, would be defeated.9. it is submitted by the counsel for ..... other staff of the schools, qualification of teachers, etc. etc. all these are intended to provide education to the citizens of india. article 21a of the constitution of india provides that the state shall provide free and compulsory education to all children of the age of six to fourteen years in such ..... does not apply to a case where a citizen of pakistan who has made an application under section 5(1)(f) of the citizenship act, 1955 before the government of india, and who is awaiting orders thereon. the dictum laid down in abubacker's case (supra) is on a entirely different point ..... minor is the domicile of the minor and, therefore, the child can be admitted in the school. a person having citizenship of another country cannot claim that he has domicile in india so as to claim admission in a school. the above submission, to my mind, is without any merit. misplaced sympathy .....Tag this Judgment!
Court : Delhi
Decided on : Jul-04-2008
Reported in : 151(2008)DLT659; 2008(104)DRJ604
..... constitution of india. it also prays for a writ of certiorari quashing the decision of the government of india declining citizenship to the petitioner. 2. the petitioner is a pakistani citizen and holds a pakistani passport. he is ..... under section 5 of the act. the counter affidavit explains that article 8 of the constitution of india and section 5(1)(b) of the citizenship act deal with persons who are citizens by virtue of birth or descent but are domiciled outside india. the counter affidavit refers to the constitution assembly debates and the description which dr. ambedkar had given to these persons as ..... no avail. the present writ petition was, in that backdrop, filed to assail the constitutional validity of section 14(1) and 14(2) of the citizenship act as also the validity of the order by which the petitioner's request for being registered as a citizen of india has been rejected. it also assails the validity of section 5(1)(b) of the ..... , j.1. in this petition under article 226 of the constitution of india, the petitioner assails the constitutional validity of section 14(1) of the citizenship act and prays for a declaration to the effect that the power granted to the central government to impose 'conditions and restrictions' under section 5(1)(b) of the citizenship act, 1955 is vocative of article 14 of the .....Tag this Judgment!
Court : Delhi
Decided on : May-16-2008
Reported in : 150(2008)DLT312; 2008(103)DRJ554
..... above principle and observed:the point for consideration is whether a petitioner after with-drawing a writ petition filed by him in the high court under article 226 of the constitution of india without the permission to institute a fresh petition can file a fresh writ petition in the high court under that article. on this point the decision in daryao's ..... writ petition filed by the petitioner before that court had no doubt upheld the order passed by the competent authority under section 7d of the citizenship act, 1955 cancelling his registration as an overseas citizen of india, but the said judgment would stand effaced by the subsequent order passed by the said authority in review under section 15a. the respondents on the ..... , there is no question of the same getting altered or effaced merely because the petitioner invoked the powers of review available to the competent authority under section 15a of the citizenship act, 1955. that is so even when the supreme court had while dismissing the special leave petition filed by the petitioner, made an observation that the competent authority may dispose ..... had hardly suffered any prejudice. obviously, the petitioner is not going to attack the reports of the security agency, and that alone is the cause for cancellation of registration of citizenship granted to the petitioner. in such cases, the authorities are not expected to pass any reasoned orders. in other words, they are not expected to write detailed reasons, particularly when .....Tag this Judgment!
Court : Patna
Decided on : Apr-11-2008
..... on reaching the age of 16 years in 1975 chose the citizenship of nepal under 1964 act then it cannot be said that he is a valid citizen of india. it was for the petitioner to choose his loyalty to the nation and the constitution by which he would like to be governed by. if he ..... matters of grant or taking away of citizenship, but it cannot be said or urged by any person that even though prima facie there is evidence to show that the person is not a citizen of india will be permitted to occupy an elected post under the constitution of india.7. learned counsel appearing for the private ..... resident of the village and by virtue of the same he cannot incur disqualification. learned counsel for the petitioner has also brought on record the nepal citizenship act, 2006 and he brings to my notice section 10(1v) to show that by virtue of the said provision he is not a nepalese citizen ..... an indian citizen can bail him out of the present situation. he has filed a detailed counter affidavit it wherein he has brought evidence on record to show that the petitioner is a nepalese citizen and he has acquired the citizenship in the year 1975 after reaching ..... respondent no. 4, on whose instance the impugned order came to be passed submits that there is overwhelming evidence to show that petitioner is a nepalese citizen and no amount of documents acquired by him to show that he is a resident of india and .....Tag this Judgment!
Court : Patna
Decided on : Feb-14-2008
..... by it.this principle was enunciated by the hon'ble supreme court while considering the law relating to taking away the rights of citizenship, in izhar ahmad khan v. union of india : air1962sc1052 .while fundamental rights are conferred by constitution, its taking away is beyond the pail of legislative competence, what is given to legislatures is to impose reasonable restrictions on such fundamental ..... no mandamus can be issued to a legislature to enact a law which it is competent to enact. likewise answering a reference in re. 143 of the constitution in re. under article 143, constitution of india : air1965sc745 , the court held that no command preventing a legislature from enacting a law can be issued on the ground that if enacted it will be in ..... levying tax on inter-state sales beyond the definition of 'sale' under the sale of goods act, 1930.33. section 107 of the government of india act, 1935, a precursor of article 254 of the constitution which provided that if any provision of a provincial law is repugnant to any provision of a federal law, which the federal legislature is competent to ..... was urged that under proviso to article 304(b) of the constitution, the requirement of previous assent of the president before presenting the bill in the state legislative assembly is for the purpose of imposing reasonable restriction on free movement of trade, commerce or interaction throughout the territory of india, but the same condition is not for leaving any such existing restriction .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-11-2008
Reported in : (2008)152PLR793
..... to be a licencee and the said matter was contested in the civil court. the plea was also taken that sarabjit singh was not validly constituted attorney whereas he was an intending purchaser. the personal need was also denied. besides these, other general grounds were also taken. however, the ..... any other provisions of the 1955 act. if such a person is of india origin and is ordinarily resident of india and have been so resident for five years before making an application for registration ..... ) of sub-section (1) of the section 5 of the 1955 act shows that any person could be registered as citizen of india by the prescribed authority provided that he is not already such citizen by virtue of the provision of the constitution or ..... as would indicate his intention to stay outside india for an uncertain period. two other statutes have referred to the expression 'person of india origin', namely, the card 'scheme clause (a) of sub-section (1) and expression to sub-section (1) of section 5 of the citizenship act, 1955. a perusal of clause (a ..... india. it thus becomes evident that person of indian origin is a class apart from the citizens. by no stretch of imagination it could be held that the citizens alone could be the person of indian origin and could be considered as nri's within the meaning of section 2(dd) of the act. the concept of 'citizenship .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-05-2008
..... and wife while petitioner no. 3 is the daughter and petitioner nos. 4 and 5 are their sons. they together filed this instant writ petition under article 226 of the constitution of india for setting aside the judgment dated 18.9.2000 passed by the learned president, the illegal migrants (determination) appellate tribunal, assam, guwahati passed in appeal case no. 3 of ..... was of the view that perhaps these two certificate of registration were issued under the provision of section 5(1)(a) of the citizenship act, 1955. since section 5 applies to minor children of persons who are citizen of india. in this context it would be appropriate for this court to put the provision of section 5(1)(a) and 5(1 ..... the tribunals does not see any cogent ground to interfere with the judgments of both the tribunals. no question of violation of fundamental right under articles 14 & 21 of the constitution of india creeps in.9. writ petition accordingly stands dismissed. stay, if any, stands vacated. no order as to cost. ..... follows:5. citizenship by registration - (1) subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the central government may, on an application made in this behalf, register as a citizen of india any person not being an illegal mi-ginr.t who is not already such citizen by virtue of the constitution or of any .....Tag this Judgment!
Court : Guwahati
Decided on : Jul-25-2008
..... direction within a reasonable time, but there was no adequate reasons for justifying the non-implementation of the said direction. accordingly, the direction was issued to the union of india to constitute sufficient number of tribunals under the 1964 order effectively dealing with the cases of foreigners within a period of four months from the date of the judgment, which is 5th ..... entered into assam after 25.3.1971. the enquiry officer in his deposition stated about the failure on the part of the petitioners to produce any document pertaining to their citizenship of india. the enquiry officer also examined two co-villagers, who also suspected the petitioners to be foreigners. since the burden of proof was with the petitioners but they did ..... , the document is of 1995. the cut off date being 25.3.1971, such a document unless the linkage to pre 25.3.1971 period in india is established to prove one's indian citizenship, is of no consequence.22. annexure-'b' also pertains to one sahera begum wife of late mustakin and not mustakin. the said document is a declaration ..... moreover, with corruption being all pervasive, corrupt officials are bribed to provide help. recently, a racket has been busted in lakhimpur. four individuals were found to have been providing forged citizenship certificates and other documents to illegal migrants for the last 14 years.illegal migrants15. ...mr. mulan described this as invasion using' military terminology which in present geostrategic context, underscores the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-12-2008
..... citizens enjoy when they are abroad is quite different from saying that practical considerations determine whether aliens abroad enjoy any constitutional protections whatever, including habeas. in other words, merely because citizenship is not a sufficient factor to extend constitutional rights abroad does not mean that it is not a necessary one. the court tries to reconcile eisentrager with its ..... naval station there and the exempt jurisdictions discussed in the english authorities are not similarly situated. petitioners and their amici further rely on cases in which british courts in india granted writs of habeas corpus to noncitizens detained in territory over which the moghul emperor retained formal sovereignty and control. see supra, at 12 13; brief for legal ..... their detention is analogous to two territories outside of england to which the writ did run: the so-called exempt jurisdictions, like the channel islands; and (in former times) india. there are critical differences between these places and guantanamo, however. as the court noted in rasul , 542 u. s., at 481 482, and nn. 11 12, common ..... again, not dispositive. petitioners argue that the site of their detention is analogous to two territories outside england to which the common-law writ ran, the exempt jurisdictions and india, but critical differences between these places and guantanamo render these claims unpersuasive. the government argues that guantanamo is more closely analogous to scotland and hanover, where the writ .....Tag this Judgment!