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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1953 Page 1 of about 23 results (0.036 seconds)

Dec 23 1953 (HC)

Jayaswal Shipping Company Vs. the Owners and Parties Interested in Ste ...

Court : Kolkata

Decided on : Dec-23-1953

Reported in : AIR1954Cal415,58CWN468

..... that one citizenship would normally, though perhaps not invariably, favour one domicile provided the basic ..... system of law' prevails in the country of which he is a citizen. one citizenship with different state domiciles may creat many incongruous situations where a citizen of india is by constitution given the right to reside and settle in any part of the territory of india with such rights as to acquire, hold and dispose of property & to move freely ..... this stage another argument advanced by mr. das that the constitution of india does nowhere lay down any definition, or requirement of one indian domicil. it is argued first that reference to domicile that is made in article 5 of the constitution of india is only in the context of citizenship and, secondly, that such reference is consistent with domicil being ..... person who has his domicile in the territory of india' which territory includes the territories of the different states. from that it does not follow necessarily that the constitution expressly recognises different state domiciles in india, this much is clear that the indian constitution proceeds on the basis of one indian citizenship.it is not inappropriate in that context to consider .....

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Sep 24 1953 (HC)

Karimun Nisa and ors. Vs. State Government of Madhya Pradesh and anr.

Court : Mumbai

Decided on : Sep-24-1953

Reported in : 1955CriLJ28

..... by article 5 of the-constitution as even though the petitioner and| her parents were born in the territory of india, she did not have her domicile in ..... cannot be avoided even when the petitioner intends to make india her permanent domicile, unless she can succeed in showing that her case is covered by any of the articles 5 to 10 of the constitution, entitling.] her to the right of citizenship of this country.(11) the case is not covered ..... , as required by clause (b) (ii) of the article which governs the case, make an application to the government of india before the 'commencement of the constitution.as regards article 7, it was contended that as the petitioner did not migrate to pakistan in the sense that she intended to ..... she came to india on a pakistan passport with an indian visa, she has no right to remain in this country after the expiry of the period for which the visa was granted or extended.(7) the question of 'citizenship' is dealt with in part ii of the constitution in articles 5 ..... make that country her permanent home, she retains her citizenship of this country. this article, however, is applicable to a person who migrates to pakistan, in whose case his citizenship is not affected only if he comes back to india .....

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Oct 29 1953 (HC)

AzizuddIn Ansari Vs. State of Hyderabad and anr.

Court : Andhra Pradesh

Decided on : Oct-29-1953

Reported in : 1954CriLJ528

..... for any temporary purpose could not be regarded as migration within the meaning of article 7, constitution of india. this argument was elaborated by citation of authorities showing what was meant by migration and whether by reason of a temporary absence from india he would lose his citizenship. this argument was advanced by the learned advocates and it was contended that if he continued ..... to be a citizen of india, he would be entitled to the fundamental rights conferred by the constitution and one of such rights was his right to reside and settle ..... in any part of the territory of india. it was urged that by reason ..... conferred by the constitution. the government advocate argued that under the rules framed under the influx from pakistan (control) act, the central government has the power to direct the removal of a person when he does not come with a permit to settle down in india. it was also urged that when the petitioner migrated to pakistan his citizenship of india terminated and, therefore .....

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Feb 23 1953 (HC)

iqbal Ahmed Vs. State of Bhopal

Court : Madhya Pradesh

Decided on : Feb-23-1953

Reported in : 1954CriLJ602

..... this constitution every person who has his domicile in the territory of india and-(a) who was born in the territory of india; or(b) either of whose parents was born in ..... the merits, the first question for decision is whether izhar ahmed is a citizen of india. it must appear that the very basis for the tenability of the petition is the indian citizenship of izhar ahmed because the fundamental rights as declared in article 19 of the constitution, particularly article 19(1)(e) and (d) are claimed for him and it is said ..... the territory of india; or(c) who has been ordinarily resident in ..... that his latter right is infringed and violated. article 5 of the constitution lays down the essentials for clothing a person with citizenship of india or indian union. it runs as follows:at the commencement of .....

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Dec 21 1953 (HC)

Mst. Allah Bandi and anr. Vs. Govt. of Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Dec-21-1953

Reported in : AIR1954All456

..... cancelled. 3. two points have been urged in this connection: whether a permanent permit issued for resettlement in india in accordance with the provisions of article 7 of the constitution can be cancelled by the authorities issuing the same on the ground that the permanent permit had been obtained by ..... conceptions: (1) going from one place to another and (21 the intention to make destination a place of abode or residence in future.' in the constitution it means the transference of allegiance from the country of departure to the country of adoption. in -- 'shabbir husain v. state of u. p ..... the constitution. the main provision of the article therefore means that if a person has gone from the territory of india to the territory now included in pakistan after 1-3-1947 with the intention of shifting his permanent residence from india to pakistan he will lose all his citizenship which ..... an application on behalf of two young women, allah bandi, aged 20 years, and khatopn, aged 16 years, under article 226 of the constitution that they were being illegally deported to pakistan. 2. the facts of the case now more or less admitted by counsel and established from ..... could have accrued to him by his coming within the terms of article 5.' the same view has been taken by a bench of the patna high court in -- 'sayeedah khatoon v. state of bihar', : air1951pat434 . we are, therefore, not satisfied that the two petitioners migrated to pakistan, or could in law migrate, when they left india .....

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Oct 23 1953 (HC)

Prabhakar Yajnik Vs. Dist. Magistrate, Bulandshahr and ors.

Court : Allahabad

Decided on : Oct-23-1953

Reported in : AIR1954All415

..... of india except by implication, ' ..... a voter, non-residence, or the failure to fulfil such qualification, comes under the general term 'disqualification' in article 326 of the constitution.12. taking this view of the matter it follows, that the meaning which should, in my opinion, be placed on section 12-d ..... between circumstances which operate as a disqualification for registration and those which constitute conditions of entitlement to registration. article 326 of the constitution, which makes provision for adult sufferage, says that every citizen of india who has attained the age of 21 years shall be entitled to ..... appropriate legislature on one of the grounds mentioned in that article. under section 19 of the representation of the people act, the age of twenty-one is made a conditionbut not citizenship ..... be registered as a voter unless he is disqualified under the constitution or any law made by the .....

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Mar 12 1953 (HC)

Smt. Bimla Devi Vs. Chaturvedi and ors.

Court : Allahabad

Decided on : Mar-12-1953

Reported in : AIR1953All613

..... simla devi, aged 27 years, wife of bagh shah, caste khatri, resident of deoband town, district saharanpur applies under article 226 of the constitution of india and prays that a writ in the nature of habeas corpus be issued directing the police authorities, arrayed as respondents 1 to 3 to remove ..... government and such officer in his turn may either restore such person to his or her relatives or 'convey such person out of india'. section 6 provides for the constitution of a tribunal by the central government for the purpose of deciding (a) whether a person detained in a camp is or is ..... wishes.15. further, there is nothing in the act which prevents a person restored to his relatives in pakistan to return to india and enjoy all the rights which the constitution guarantees to a citizen. by his or her restoration to his or her family in pakistan, an indian citizen does not cease ..... we are unable to accept this contention. as already stated, the solicitor general specially pressed the learned judges of the supreme court to pronounce upon the constitutional question raised in the case. the matter was argued on both the sides (it is immaterial that a counsel for ajaib singh was merely an 'amicus ..... 1).14. it was urged that the act was bad because it empowers the executive government to deport a citizen of india out of india against his wishes, and thus to deprive him of all citizenship rights, and as such is a direct attack on the rights conferred by article 19, that : 1950crilj1383 , does .....

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Sep 18 1953 (HC)

A.N. Rangaswamy and anr. Vs. the Industrial Tribunal, Fort. St. George ...

Court : Chennai

Decided on : Sep-18-1953

Reported in : AIR1954Mad553

..... contended by mr. d. narasaraju, learned advocate for the appellants that it is the fundamental right of every advocate under article 19(1)(g) of the constitution to practice before all courts and tribunals' exercising judicial functions and that unless the restrictions imposed on that right could be brought under article 19(6) they ..... case, i have come to the following conclusion. the right to plead and act on behalf of suitors in a court is not a right flowing from citizenship. the reasoning in (1876) 21 law ed 442 (b) is to this extent not bad law even to this day ...... the exclusive right to represent ..... on their rolls to plead and act before them on behalf of suitors.this power of the high court has been continued under article 225 of the constitution. the bar councils act recognises this right and lays down that only the persons enrolled as advocates of a particular high court have certain rights of ..... subba rao j. in w. p. no. 591 of 1951 and the joint for determination is whether advocates have a right of audience before a tribunal constituted under the industrial disputes act (act 14 of 1947). the second appellant is a company called the liberator ltd. and disputes having arisen between the management ..... provided by sub-section (2) or by or under any other law for the time being in force, in any other court in the union of india and before any other tribunal or person legally authorised to take evidence, and(c) before any other authority or person before whom such advocate is by or .....

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Sep 18 1953 (HC)

Liberator Press and Rangaswami Vs. State of Madras and anr.

Court : Chennai

Decided on : Sep-18-1953

Reported in : (1954)ILLJ301Mad

..... first appellant to practise his profession and that it was further repugnant to article 14 of the constitution and was, therefore, void. subba rao, j, before whom the petition came up for hearing, disagreed with these contentions, and dismissed the same. it ..... case, i have come to the following conclusion. the right to plead and act on behalf of suitors in a court is not a right flowing from citizenship. the reasoning in bradwell v. illinois 21 l. ed.442 is to this extent not bad law even to this day. the exclusive right to ..... mr. d. narasa raju, learned advocate for the appellants, that it is the fundamental right of every advocate under article 19(1)(g) of the constitution to practise before all courts and tribunals exercising judicial functions and that; unless the restrictions imposed on that right could be brought under article 19(6) they ..... 24 september 1951 refusing permission to the first appellant to appear for the second appellant. thereupon the appellants moved this court under article 226 of the constitution for a writ of certiorari to quash the order of the tribunal on the grounds that it was an unconstitutional denial of the right of the ..... provided by sub-section (2) or by or under any other law for the time being in force, in any other court in the union of india and before any other tribunal or person legally authorized to take evidence, and(c) before any other authority or parson before whom such advocate is by .....

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Jun 15 1953 (FN)

Bridges Vs. United States

Court : US Supreme Court

Decided on : Jun-15-1953

..... 707, which merely prohibited grant of naturalization to members of organizations advocating the overthrow of the government, or to those not attached to the constitution. this has been changed. 8 u.s.c. 1424(a)(2). there is no necessary identity in law between communist party members and such persons ..... supra, no holding on the factual question of membership was reached. and the naturalization proceedings did not determine nonmembership, because bridges could legally have been granted citizenship even had he been found by the court to have been a member of the communist party. see 8 u.s.c. (1946 ed.) 705, ..... in writing, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the united states relating to naturalization or citizenship. [ footnote 8 ] " page 346 u. s. 214 count iii charges schmidt and robertson with willfully and knowingly aiding bridges, who was not entitled ..... have you ever, belonged to the communist party in the united states?" "a. i have not, i do not." he was then admitted to citizenship. may 25, 1949, more than three years later, a grand jury in the united states district court for the northern district of california returned the present ..... the united states court of appeals for the ninth circuit syllabus in 1945, petitioners testified in a naturalization hearing which resulted in petitioner bridges' admission to citizenship. in 1949, all three were indicted under 37 of the old criminal code, 35 stat. 1096, now 18 u.s.c. (supp. v) .....

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