Court : Punjab and Haryana
Decided on : Jun-10-1952
Reported in : AIR1952P& H309
..... with the object of conferring the same fundamental rights on a citizen of india as have been conferred upon citizens of other independent ..... when the abducted person is conveyed out of india he or she loses all her rights of citizenship and indeed is deprived of the status of a citizen. there is no provision in the constitution against a citizen being sent out of india. indeed, item 19 read with item 14 ..... point for decision in the present case is whether the abducted persons (recovery and restoration) act, 1949, is inconsistent with or violative of the constitution of india. 2. in june 1951 the police entered the house of ajaib singh petitioner, arrested mst. mukhtiar kaur 'alias' sardaran under section 4 of ..... of willis on constitutional law that it is a privilege of the united states citizenship to remain in the united states so that deportation is illegal unless a person has first forfeited his citizenship.27. it would appear at first sight that article 19 of the constitution of india has been enacted ..... of list i of the seventh schedule would appear to indicate that the union parliament is competent to pass laws whereby the citizens of india .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-10-1952
Reported in : AIR1953Cal530,57CWN778
..... effect:'mr. j. ataullah is free to come to india and settle down here if he so desires. his citizenship of the dominion of india will, however, be determined according to the provisions of the draft constitution of india, recently published which are yet to be adopted by the constituent assembly of india with or without any modifications. as regards employment under the ..... government of india, there is none which could fee offered to ..... 17. under the provisions of the indian independence act, 1947, all rights, authority and jurisdiction exercisable fay the king of england over the territories constituting british india under section 2, read with section 311(1), government of india act, 1935 (25 and 28 geo. v. c. 42) came to an end. this will become abundantly clear if we refer to ..... examination of the provisions contained in the indian independence act it ban already been pointed out that british india bad ceased to exist after two new independent states having sovereign authority over particular portions of the original territory which constituted british india had been brought into existence.in this case therefore there was no possibility of a british indian subject .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-06-1952
Reported in : AIR1953All178
..... find that there are no facts given in it which would give indian domicile to the children under the provisions of article 7 or 8 of the constitution.under article 7, the children ceased to be indian citizens on migration in the year 1948 after the 1st day of that month. they could, ..... registration with the high commissioner of india in pakistan. consequently the children are not indian citizens and their indian citizenship has not been revived. in these circumstances there can be no ground for issuing directions to the district magistrate and the ..... the children returned under a permit for re-settlement or permanent return. the indian citizenship would also have been maintained by the children had they got themselves registered under article 8 with the diplomatic or consular representative of india in any foreign country. the affidavit does not disclose that there was any such ..... after this finding the bench left open for decision only one question, viz. whether the act of the father in bringing the two children back to india subsequently had the effect of reviving their original indian domicile. time was granted to the petitioner to file a supplementary affidavit to show the circumstances and ..... v. bhargava, j. 1. this is a petition under article 226 of the constitution for issue of a writ of mandamus directing the district magistrate and the superintendent of police of kanpur to refrain from removing .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-25-1952
Reported in : AIR1952Kant69; AIR1952Mys69
..... competent to pass it under the law governing it.20. there is no reference in the decisions relied upon to article 261 of the constitution of india which expressly provides for the execution of decrees passed in courts within the union and it is not alleged that any other article has a ..... the lower court allowing execution of the decree is opposed to the decisions of this court but it is contended that the provisions of the constitution of india fully justify it. the decree in the present case is sought to be distinguished from those in the cases referred to by the fact ..... 474 of 50-51 is allowed but without costs.venkataramaiya, j. 16. i agree. as the case involves construction of the provisions of the constitution of india and the decision may affect similar cases now pending or which may arise hereafter, i deem it necessary to state my reasons for the conclusion arrived ..... which were originally independent becoming dependent, makes no difference for the application of the principle.'the consequence of the constitution of india was, according to him, to enlarge the territory of india by including within the territory of the state of travancore and the point of time to be regarded in considering ..... of the constitutional provisions or the change in regard to rights of citizenship but only the effect of these. prom the mere fact that there is a change, it does not ipso facto follow that it varies the nature and effect of prior proceedings.in 'salaman v. secy. of state for india', (1908) .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-24-1952
..... we find no warrant in the statutes for concluding that petitioner has suffered expatriation. and, since congress has prescribed a law for this situation, we think the dignity of citizenship which the constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate. [ footnote ..... 344 u. s. 135 -139. (b) perkins v. elg, 307 u. s. 325 , is not to the contrary. pp. 344 u. s. 138 -139. (c) the dignity of citizenship which the united states constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate ..... and the court could not properly have decided, any question as to consequences of a failure to elect american citizenship, for miss elg promptly did so elect and decisively evidenced it by resuming residence here. what it held was that citizenship conferred by our constitution upon a child born under its protection cannot be forfeited because page 344 u. s. 139 the citizen ..... during nonage is a passive beneficiary of foreign naturalization proceedings. it held that miss elg had acquired a derivative dual citizenship, but had not suffered a derivative expatriation. in affirming .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-02-1952
..... an american with a dual nationality residing in the other country which page 343 u. s. 733 claims him as a national. the definition of treason, however, contained in the constitution contains no territorial limitation. "treason against the united states, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. . . ." ..... . mr. chief justice vinson, with whom mr. justice black and mr. justice burton join, dissenting. the threshold question in this case is whether petitioner renounced his united states citizenship and became expatriated by reason of acts committed in japan during the war. prior to 1943, petitioner was regarded by japanese authorities as an enemy alien. in march, 1943, ..... and the pursuit of happiness, and whereas, in the recognition of this principle, this government has freely received emigrants from all nations, and invested them with the rights of citizenship, and whereas it is claimed that such american citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof, and whereas it is necessary to ..... u. s. 725 japanese nationality, might reasonably mean no more than announcing the fact of his japanese nationality to the interested authorities. as we have said, dual citizenship presupposes rights of citizenship in each country. it could not exist if the assertion of rights or the assumption of liabilities of one were deemed inconsistent with the maintenance of the other. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-10-1952
..... which, for a decade, subsequent congresses have never repealed, but have strengthened and extended. we, in our private opinions, need not concur in congress' policies to hold its enactments constitutional. judicially, we must tolerate what personally we may regard as a legislative mistake. we are urged, because the policy inflicts severe and undoubted hardship on affected individuals, to find a ..... to enjoy the hospitality of a which they are not citizens has been a matter of political determination by each state. (i put to one side the oddities of dual citizenship.) though, as a matter of political outlook and economic need, this country has traditionally welcomed aliens to come to its shores, it has done so exclusively as a ..... and senate be citizens. see borchard, diplomatic protection of citizens abroad, 63. the states, to whom is entrusted the authority to set qualifications of voters, for most purposes require citizenship as a condition precedent to the voting franchise. the alien's right to travel temporarily outside the united states is subject to restrictions not applicable to citizens. 43 stat. 158 ..... of law -- american and international. he may claim protection against our government unavailable to the citizen. as an alien, he retains a claim upon the state of his citizenship to diplomatic intervention on his behalf, a patronage often of considerable value. the state of origin of each of these aliens could presently enter diplomatic remonstrance against these deportations if .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-10-1952
..... war by legally admitted aliens, even though they never violate the laws in effect at their entry. the protection of citizenship is open to those who qualify for its privileges. the lack of a clause in the constitution specifically empowering such action has never been held to render congress impotent to deal as a sovereign with resident aliens. ..... a historical background which gives meaning to bail provisions. only the other day, this court restated the concept of bail traditional in american thought and reflected in the constitution: "this traditional right to freedom before conviction [or before order for deportation] permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment ..... persons, including petitioner, of speech, the press, and assembly, and the right to petition the government for redress of grievances, in violation of the first amendment to the constitution of the united states, and in that they purport to authorize indefinite detention of persons, including petitioner, without bond prior to final determination of deportability." [ footnote 11 ] ..... public interest. as all alien communists are deportable, like anarchists, because of congress' understanding of their attitude toward the use of force and violence in such a constitutional democracy as ours to accomplish their political aims, evidence of membership plus personal activity in supporting and extending the party's philosophy concerning violence gives adequate ground for .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-03-1952
..... no more derives substantive law for this case from illinois than it does its jurisdiction. for, regardless of what illinois might say on this subject, the constitution has "otherwise provided." i believe, as expressed in hughes v. fetter, that the state was free to refuse this case a forum, but, if ..... law we have remade and pretend it is applying illinois law. this is too tortuous an excursion for me. since, as a matter of constitutional provision, liability for this alleged tort must be adjudged under utah law, and the case being within the statutory jurisdiction of the district court, ..... 1332(a)(1), and state law is powerless to enlarge, vary, or limit this requirement. the parties to this case have showed the diversity of citizenship and amount in controversy required by congress, and therefore the federal court, by virtue of the law of its own being, has jurisdiction of their ..... , is an illinois bank, and respondent, united air lines, inc., is a delaware corporation doing business in illinois. since the jurisdictional amount and diversity of citizenship requirements have been met, the case is properly triable under 28 u.s.c. 1332 unless ch. 70, 2 of the illinois revised statutes bars the ..... states court of appeals for the seventh circuit syllabus in a suit brought in a federal district court in illinois, on grounds of diversity of citizenship, to recover under the utah wrongful death statute for a death which occurred in utah, an illinois statute providing that "no action shall be .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-07-1952
..... service of summons, subpoena, or other legal process of any court of the united states upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization." "(e) for the purposes of this section, in determining whether any person is acting as an 'agent' of another person so as to make such ..... labor organizations, may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties." "(b) any labor organization which represents employees in an industry affecting commerce as defined in this act and any employer whose activities affect commerce as defined in ..... 303(b) [ footnote 5 ] is made "subject to the limitations and provisions of 301." section 301 lifts the limitations governing district courts as respects the amount in controversy and the citizenship of the parties; it defines the capacity of labor unions to sue or be sued; it restricts the enforceability of a money judgment against a labor union to its assets ..... , 289 u. s. 163 ; mookini v. united states, 303 u. s. 201 , 303 u. s. 205 . the words "district court of the united states" commonly describe constitutional courts created under article iii of the constitution, not the legislative courts which have long been the courts of the territories. [ footnote 4 ] see mookini v. united states, supra, at 303 u. s. 205 . but .....Tag this Judgment!