Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1946 Page 1 of about 11 results (0.067 seconds)

Jun 10 1946 (FN)

Knauer Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

..... citizen native born. the procedure prescribed for and followed in this case was not in accord with those standards. i think nothing less is adequate, or consistent with the constitutional status of citizenship, for the purpose of taking it away. if this means that some or even many disloyal foreign-born citizens cannot be deported, it is better so than to place ..... and unconventional methods of courts and public officers who administer the law, but, once granted, it should endure for all time. it is conferred by the federal constitution and by laws authorized by the constitution. when citizenship is once legally granted, of course, it cannot be invalidated, and it ought not to be, but no one questions that it is within the power ..... page 328 u. s. 675 the saboteurs sent to the united states to wage war. i am unable to say that congress is without constitutional power to authorize courts, after fair trials like this one, to cancel citizenship obtained by the methods and for the purposes shown by this record. mr. justice rutledge dissenting. for reasons i have suggested elsewhere, [ footnote 2 ..... pulled retroactively to annul it, at the least this should be done only by those forms of proceeding most fully surrounded with the constitutional securities for trial which are among the prized incidents of citizenship. it is altogether anomalous that those safeguards are thrown about the foreign-born page 328 u. s. 679 citizen when, for some offense, his liberty, even for .....

Tag this Judgment!

Apr 22 1946 (FN)

Girouard Vs. United States

Court : US Supreme Court

Decided on : Apr-22-1946

..... the united states and bear true faith and allegiance to the same, and so does not comply with the statutory conditions of his naturalization. no question of the constitutional power of congress to withhold citizenship on these grounds was involved. that power was not doubted. see selective draft law cases, 245 u. s. 366 ; hamilton v. regents, 293 u. s. 245 . the ..... , as does the present one, a question of statutory construction. at the time of those cases, congress required an alien, before admission to citizenship, to declare on oath in open court that "he will support and defend the constitution and laws of the united states against all enemies, foreign and domestic, and bear true faith and allegiance to the same." [ footnote 1 ..... u.s.c. 707, 723a, 735. section 4 of the naturalization act of 1906, paragraph "third," provided that, before the admission to citizenship, the applicant should declare on oath in open court that "he will support and defend the constitution and laws of the united states against all enemies, foreign and domestic, and bear true faith and allegiance to the same." and ..... from which petitioner was not exempted by the 1942 amendments. if such is the construction of the 1942 act, there is no constitutional or statutory obstacle to congress' taking such action. congress, if it saw fit, could have admitted to citizenship those who had rendered noncombatant service, with a modified oath or without any oath at all. petitioner has not been so .....

Tag this Judgment!

Apr 22 1946 (FN)

Heiser Vs. Woodruff

Court : US Supreme Court

Decided on : Apr-22-1946

..... claim against the estate, was based. we need not consider whether, apart from the requirements of the full faith and credit clause of the constitution, the rule of res judicata applied in the federal courts, in diversity of citizenship cases, under the doctrine of page 327 u. s. 732 erie r. co. v. tompkins, 304 u. s. 64 ; cf. guaranty trust co ..... , on proof taken of service of summons on january 31, 1939, and of woodward's default and on evidence given by the petitioner. the suit was based on diversity of citizenship, and the cause of action alleged was in substance that woodruff had procured property of petitioner, consisting of rough sapphires, opals, and zircons, of a stated value of $164,000 .....

Tag this Judgment!

Mar 25 1946 (FN)

Kennecott Copper Corp. Vs. State Tax Commission

Court : US Supreme Court

Decided on : Mar-25-1946

..... . s. 576 treasury, 323 u. s. 459 , encompassed the circumstances of these cases. a single opinion suffices here also. federal jurisdiction is claimed under diversity of citizenship and because the controversy arises under the constitution and laws of the united states. the claim is that the inclusion of the subsidy in the tax base interferes with the war power of congress and ..... and protest on the commission's books with resultant segregation of the funds collected from utah's general funds. as the suits were against the commission and the members as "constituting" such commission, were based upon the payment to the commission as collector for utah, and sought recovery of the fund, sequestered by section 80-11-13, together with the interest ..... upon the subsidy, and brought suit in the united states district court for the district of utah against the state tax commission, and page 327 u. s. 575 the individuals "constituting" it as "members," for the recovery of the protested amount under sections of the utah code (1943), set out below, which petitioners claim authorize these proceedings. [ footnote 1 ] the causes ..... . pp. 327 u. s. 577 -579. 150 f.2d 905 affirmed. a nonresident taxpayer brought suit in a federal district court against the state tax commission of utah and individuals constituting the commission to recover taxes paid under protest. the district court gave judgment for the plaintiff. 60 f.supp. 181. the circuit court of appeals reversed, with directions to dismiss .....

Tag this Judgment!

May 20 1946 (FN)

Thiel Vs. Southern Pacific Co.

Court : US Supreme Court

Decided on : May-20-1946

..... attempt to benefit the propertied, but a practice designed, wisely or unwisely, to relieve the economically least secure from the financial burden which jury service involves under existing circumstances. no constitutional issue is at stake. the problem is one of judicial administration. the sole question over which the court divides is whether the established practice in the northern district of california ..... the federal courts, calls for review to meet modern conditions. the object is to devise a system that is fairly representative of our variegated population, exacts the obligation of citizenship to share in the administration of justice without operating too harshly upon any section of the community, and is duly regardful of the public interest in matters outside the jury ..... to say that jury duty should be regarded as a patriotic service, and that all public spirited persons should willingly sacrifice pecuniary rewards in the performance of an obligation of citizenship. with that statement i am in full accord, but it does not solve the difficulty. adequate provision for one's family is the first consideration of most men. and ..... train before he finally fell to the ground. at respondent's request, the case was removed to the federal district court at san francisco on the ground of diversity of citizenship, respondent being a kentucky corporation. several vain attempts were then made by the petitioner to obtain a remand of the case to the state court; petitioner was also restrained .....

Tag this Judgment!

Dec 18 1946 (PC)

Shamrao G. Rane Vs. Shashikant R. Rane

Court : Mumbai

Decided on : Dec-18-1946

Reported in : (1947)49BOMLR498

..... , para. 1426).to the same effect is a passage from daniel's chancery practice, 8th edn., vol. i, p. 974:the power of appointing guardians, and making orders for maintenance, constituted a part of the general and important jurisdiction which the court of chancery exercised for the protection of the property of infants, and the safe custody of their persons, during ..... of england, vol. xvii, p. 586, paras. 1257 and 1259:an infant, being regarded as of immature intelligence and discretion, is under a general incapacity to exercise the rights of citizenship or perform civil duties; or to hold public or private offices or perform the duties incidental to them. for the same reason he is not, as a rule, permitted by ..... affect, or in any way derogate from, the jurisdiction or authority of any court of wards, or to take away any power possessed by any high court established in british india by letters patent.6. this jurisdiction was exercised after the full bench decision in in re manilal hurgovan without any question and has been exercised by the court up to .....

Tag this Judgment!

Dec 09 1946 (FN)

Vanston Bondholders Protective Committee Vs. Green

Court : US Supreme Court

Decided on : Dec-09-1946

..... of "uniform laws on the subject of bankruptcies." art. i, 8, cl. 4. but this misconceives the purpose and settled understanding of the bankruptcy clause of the constitution. the constitutional requirement of uniformity is a requirement of geographic uniformity. it is wholly satisfied when existing obligations of a debtor are treated alike by the bankruptcy administration throughout the country, regardless ..... , 186 u. s. 190 . to establish uniform laws of bankruptcy does not mean wiping out the differences among the forty-eight states in their laws governing commercial transactions. the constitution did not intend that transactions that have different legal consequences because they took place in different states shall come out with the same result because page 329 u. s. 173 ..... on interest to support the award in this reorganization. town of genoa v. woodruff, 92 u. s. 502 ; edwards v. bates county, 163 u. s. 269 . diversity of citizenship brought these cases to the federal courts. none of them presented to the courts the special bankruptcy problems of uniformity, ratable distribution, and fairness and equity which grow out of ..... it sits. erie r. co. v. tompkins, 304 u. s. 64 , has no such implication. that case decided that a federal district court acquiring jurisdiction because of diversity of citizenship should adjudicate controversies as if it were only another state court. see holmberg v. armbrecht, 327 u. s. 392 . but bankruptcy page 329 u. s. 163 courts must administer .....

Tag this Judgment!

Jun 03 1946 (FN)

Robertson Vs. California

Court : US Supreme Court

Decided on : Jun-03-1946

..... from commerce clause and local law objections, were only that appellant's acts "were, if true, done by him in accordance with the provisions of the fourteenth amendment to the constitution of the united states . . . ," and that 703(a) and 1642 "are unconstitutional, and in violation of . . . the fourteenth amendment. . . ." [ footnote 4 ] deering's california codes, insurance code of california, ..... , supra, at 322 u. s. 212 . here, as in each of the instances cited, appellant's activities called in question were concentrated in the regulating state, although affecting or constituting interstate commerce. moreover, the licensing provision of 1642 is regulatory, not exclusory, in character; is not discriminatory; is not in conflict with any policy or action of congress, but rather ..... a prescribed form setting forth the kinds of insurance the applicant desires to transact ( 1643); he must be a citizen of the united states or one who has applied for citizenship, and must have attained his majority ( 1648.5); he must pass a written examination as to his qualifications ( 1674) and pay two fees, one a filing fee of $4, ..... adapted to protect the public and applicable without discrimination to agents of local and foreign companies acting in california, was not in violation of the commerce clause of the federal constitution, since it neither discriminates page 328 u. s. 441 against nor substantially obstructs interstate commerce. california v. thompson, 313 u. s. 109 . p. 328 u. s. 447 . 2. .....

Tag this Judgment!

Dec 09 1946 (FN)

Ballard Vs. United States

Court : US Supreme Court

Decided on : Dec-09-1946

..... judgment setting aside the indictment and verdict. the convictions in this case should be affirmed, and i concur in the statement by mr. chief justice stone: "certainly none of respondents' constitutional rights are violated if they are prosecuted for the fraudulent procurement of money by false representations as to their beliefs, religious or otherwise." united states v. ballard, 322 u. s ..... , we brought the case here. the government urged that the judgment of conviction be restored, while page 329 u. s. 201 the defendants challenged its very foundation by invoking the constitutional guaranty of freedom of religion. in april, 1944, we reversed the circuit court of appeals and found that the district court had properly "withheld from the jury all questions concerning ..... 10 ] the problem is reflected in the discussions of the androcentric theory and the gynaecocentric theory in scientific literature. see ward, pure sociology (1903), ch. xiv; draper et al., human constitution in clinical medicine (1944), ch. vi. [ footnote 11 ] cf. wuichet v. united states, 8 f.2d 561-563. mr. justice jackson, concurring. i concur in the result, but for quite ..... ., 328 u. s. 217 , we were presented with a similar problem. it was a civil case which had been removed to the district court on the ground of diversity of citizenship and involved a question of the liability of a common carrier to a passenger. all persons who worked for a daily wage had been deliberately and intentionally excluded from the .....

Tag this Judgment!

Jan 28 1946 (FN)

Township of Hillsborough Vs. Cromwell

Court : US Supreme Court

Decided on : Jan-28-1946

..... to entertain a suit for the purpose of determining the validity of a state tax assessment under the due process and equal protection clauses of the fourteenth amendment where the constitutional rights of the complainant cannot be protected adequately by proceedings in the state courts. great lakes dredge & dock co. v. huffman, 319 u. s. 293 , differentiated. pp. 326 u. s ..... of hillsborough township, somerset county, new jersey. [ footnote 1 ] the jurisdiction of the federal court in new jersey was invoked by page 326 u. s. 622 reason of diversity of citizenship and the allegation that the taxing authorities had consistently, systematically, and intentionally singled out respondent for discriminatory treatment in the assessment of taxes for which she was without remedy under ..... right to equal treatment. he may not complain if equality is achieved by increasing the same taxes of other members of the class to the level of his own. the constitutional requirement, however, is not satisfied if a state does not itself remove the discrimination, but imposes on him against whom the discrimination has been directed the burden of seeking an ..... affords full protection to the federal rights. in the second place, the state board of tax appeals to which respondent might have appealed concededly has no right to pass on constitutional questions. [ footnote 3 ] its judgments may be reviewed by the new jersey supreme court by certiorari. the allowance of that writ, however, is not a matter page 326 u. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //