Court : Allahabad
Decided on : Sep-26-1951
Reported in : AIR1952All257
..... india in spite of his temporary visit to pakistan in the year 1948.70 ..... they further observed :'farther more, as we have already observed, article 11 empowers parliament even to terminate citizenship.'but the influx from west pakistan (control) act, 1949 had bten passed before the constitution of india came into force.85. the restrictions might have been considered reasonable if they were to apply only to emigrants to pakistan or other persons of doubtful antecedents; but ..... kind undertaken by the applicant amounts to migration from india to pakistan. in this view of the matter, the applicant cannot be deemed to have lost the citizenship of india. as the applicant at the time of the commencement o the constitution of india had his domicile in india and he was born within the territory of india, the applicant shall be treated as a citizen of ..... with this word in article 7 of the constitution. the main provision of the article therefore means that if a person bad gone from the territory of india to the territory now included in pakistan after l 3-1947 with the intention of shifting his permanent residence from india to pakistan he will lose all his citizenship which could have accrued to him by .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-31-1951
Reported in : 1952CriLJ580
..... be found in part in. further, article 11 of the constitution confers power on parliament to makeany provision with respect to the acquisition and termination of ..... citizenship and all other matters relating to citizenship.so wide and extensive a power, would, in our opinion ..... would apply to the citizens of india, equally with those who are not citizens of india. there is no doubt that the constitution guarantees several freedoms to a citizen but it does not guarantee that a person who is once a citizen of india will always continue to be a citizen of india. indeed 'citizenship' occurs in part ii of the constitution whereas fundamental rights are to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-20-1951
Reported in : AIR1952P& H9
..... (a) and (b) of article 5 do not apply to corporations. articles 6 and 8 of the constitution which deal with the rights of citizenship of persons who have migrated to india from pakistan and the rights of citizenship of persons of indian origin residing outside india, have likewise no application to corporations. article 19(1) (a) to (e) cannot possibly apply to ..... in enacting the impugned provisions of the act. indeed, entries nos. 43, 44 and 47 of the union list set out in the seventh schedule to the constitution of india clearly support the impugned legislation so far as the question of legislative competency is concerned. the question is whether the impugned legislation takes away or abridges the rights conferred ..... issues involved, it is necessary to examine the provisions of the impugned legislation to see in what manner that legislation abridges the rights conferred by articles 19 and 31. constitution of india. the impugned legislation reads:'management by administrator (52a) when administrator for management of insurance business may be appointed.- 1. if at any time the controller has reason to ..... corporations. in article 39(a) the expression 'citizen' means 'men and women'.56. for the foregoing reasons, i think that a corporation is not a citizen within article 19, constitution of india. that being .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-28-1951
Reported in : AIR1952P& H178
..... amendments could be devised and enacted, nevertheless as from the 15th of august the words 'native subject of her majesty' became applicable in the territory now constituting india only to residents of provinces within the boundaries of india, and in pakistan to residents of provinces within the boundaries of pakistan. the main basis of the lower courts' decision that the words of section ..... india.4. in deciding the question in issue it is necessary to examine the scope ..... it is quite clear that until he actually left pakistan and came to india he cannot possibly be said to have become a national or a citizen of india. in fact his indian citizenship did not commence until the constitution came into force, and unless and until he had actually migrated to india he could not even be regarded a potential or prospective citizen of ..... and settled at hodal. there equally does not seem to be any doubt that since the constitution came into force he has become a citizen of india under article 6(b)(i) of the constitution. the question is, however, what was his status before he came to india in the later part of november 1947 and still remained in the multan district of the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-11-1951
Reported in : AIR1951Bom440; (1951)53BOMLR621; ILR1952Bom378
..... africa and the evacuees in our country. i do not think it can be too emphatically stated that our constitution creates only one class of citizenship and it ensures to that class, irrespective of caste, community or creed, the same fundamental rights which are embodied in the ..... far as the legislative competence of parliament is concerned, the new scheme adopted by the constitution confers upon parliament the residuary legislative powers which were not conferred upon the central legislature under the government of india act. under entry 97 of list i power is given to parliament to legislate upon ..... large populations from our country to the dominion of pakistan and vice versa. people fleeing from pakistan left property behind and people fleeing from india also left property behind, and provision had to be made with regard to the property left by people in this country who, either because ..... provisions of any law which the state may hereinafter make in pursuance of any agreement entered into between the government of the dominion of india or the government of india and the government of any other country, or otherwise, with respect to property declared by law to be evacuee property. therefore, the ..... (1)(f) guarantees to all citizens the right to acquire, hold and dispose of property. article 81 guarantees certain rights to all persons residing in india, whether they are citizens or not. sub-clause (1) of article 81 precludes the deprivation of property of any person save by authority of law .....Tag this Judgment!
Court : Chennai
Decided on : Dec-13-1951
Reported in : AIR1952Mad613; (1952)IMLJ557
..... may determine.'sub-clauses 3 and 4 of section 76 need not be referred to for the present.45. article 27 of the constitution of india runs :'no person shall be compelled to pay any taxes the proceeds of which are specifically appropriated in payment of expenses for the ..... legitimately be prohibited by legislation though such legislation might infringe religious liberty. article 25 uses the word 'freely' while article 116 of the australian constitution used the word 'free'. the illustrations given by latham c. j. at page 127, establish that the meaning of the word which is ..... control, such liberty for the welfare of the state. secular state implies that the bond of union is not based on religion but on citizenship as distinguished from a theocratic state. in england there is an established church and the king is considered as the supreme head on earth. ..... objects of charity. in the decisions above referred to at length, the presiding idol is treated as a juristic person in whom the properties constituting the endowments are vested. the question has not been suggested or considered, whether the community itself for whose spiritual benefit the institution was founded ..... also on the ground that it contravened and infringed and abridged the fundamental rights regarding religious liberty of individuals and denominations' guaranateed by the constitution. it was claimed that the mutt belongs only to the madhwa section of the hindu community and particularly of shivalli brahmins.8. a counter .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-03-1951
..... , or causes to be subjected, any citizen of the united states or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws. . . . [ footnote 1 ]" upon respondents' motion, the district court dismissed the complaints, "it appearing that the plaintiffs have not exhausted their remedies under state law." the court of ..... by any person:" " * * * *" "(3) to redress the deprivation, under color of any state law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the constitution of the united states or by any act of congress providing for equal rights of citizens or of all persons within the jurisdiction of the united states." hague v. cio ..... construe the remaining fragments of a comprehensive enactment, dismembered by partial repeal and invalidity, loosely and blindly drafted in the first instance, [ footnote 3 ] and drawing on the whole constitution itself for its scope and meaning. regardless of differences in particular cases, however, the court's lodestar of adjudication has been that the statute "should be construed so as to ..... laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." jurisdiction was founded, without regard to citizenship of the parties of amount in controversy, on 28 u.s.c. 1343(3): "the district courts shall have original jurisdiction of any civil action authorized by law to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-08-1951
..... citizens against all who attempt to infringe upon those rights when they are recognized and secured by the constitution of the country. . . ." "mr. president, the liberty of a citizen of the united states, the prerogatives, the rights, and the immunities of american citizenship, should not be and cannot be safely left to the mere caprice of states either in the passage ..... claim under the homestead acts brought the offender within 241. the right did not pertain to united states citizenship; but, since it was "wholly dependent upon the act of congress," obstructing its exercise came "within the purview of the statute and of the constitutional power of congress to make such statute." 112 u.s. at 112 u. s. 79 -80. similarly ..... conduct. [ footnote 4 ] page 341 u. s. 77 these two conclusions strongly suggest a third: that the rights which 6 protects are those which congress can beyond doubt constitutionally secure against interference by private individuals. decisions of this court have established that this category includes rights which arise from the relationship of the individual and the federal government. the ..... not to exceed ten years -- and shall, moreover, be thereafter ineligible to, and disabled from holding, any office or place of honor, profit, or trust created by the constitution or laws of the united states." 16 stat. 140, 141. the dominant conditions of the reconstruction period were not conducive to the enactment of carefully considered and coherent legislation. strong .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-30-1951
..... and, generally, to deprive page 341 u. s. 166 persons of property. [ footnote 3/11 ] an opportunity to be heard is constitutionally necessary to deport persons even though they make no claim of citizenship, and is accorded to aliens seeking entry in the absence of specific directions to the contrary. [ footnote 3/12 ] even in the distribution ..... granted an employee facing discharge is a statutory modification of the employing agent's former authority to discharge summarily. such act or grace does not create a constitutional right. due process is called for in determinations affecting rights. what petitioners seek is a ruling that the government cannot designate organizations as communist for the ..... admittedly legitimate political, charitable and business operations free from unjustified governmental defamation. otherwise, executive officers could act lawlessly with impunity. and, assuming that the president may constitutionally authorize the promulgation of the attorney general's list, i further agree with mr. justice burton that this court should not attribute to the president a purpose ..... of these organizations without other justification. under such circumstances, his own admissions render his designations patently arbitrary, because they are contrary to the alleged and uncontroverted facts constituting the entire record before us. the complaining organizations have not been afforded any opportunity to substantiate their allegations, but, at this stage of the proceedings, the .....Tag this Judgment!
Court : Orissa
Decided on : Sep-07-1951
Reported in : AIR1952Ori60; 17(1951)CLT366
..... and that it has no connection whatsoever with the fitness for the post of judge of a high court. it may therefore be argued that if citizenship of india is considered to be one of the qualifications for appointment as a judge of a high court there is no reason why the age limit also should ..... should therefore be held to possess the qualifications for appointment as a judge of a high court and as such eligible to be a member of the advisory board constituted under sub-clause (a) of clause (4) of article 22. 7. there being no illegality or want of jurisdiction in the orders passed by the authorities ..... 4) of article 22, clause (1) of article 165 (appointment of advocate general) and again in clause (2) of article 217. if the makers of the constitution thought that the age limit was one of the qualifications for appointment as a judge of a high court they would not have specified it in clause (1) of article ..... not possess the qualifications for appointment as a member of the board as required by sub-clause (a) of clause (4) of article 22 of the constitution. i am however unable to accept this argument. it is true that a judge of a high court can be appointed only by the president of the union ..... appointment as members of the advisory board as required by sub clause (a) of clause (4) of article 22 and that consequently the board was not validly constituted. that sub-clause says that a member of the board should be a person qualified for appointment; as a judge of a high court. 3. as regards .....Tag this Judgment!