Court : Allahabad
Decided on : Jan-27-1954
Reported in : AIR1954All458
..... decided on the basis that the petitioner has failed to satisfy the court that he had not migrated from india. further, there is no assertion that, after migration, the petitioner again acquired indian citizenship in accordance with the proviso to article 7 of the constitution. it must, therefore, be held for the purpose of this petition that the petitioner is not an indian ..... pakistan. such being the circumstances it is not possible to accept the petitioner's contention that he never migrated from india. evidence cannot be recorded and the question cannot be gone into in detail in these proceedings under article 226 of the constitution. the criminal court has already examined the position and if the petitioner thinks that he has a remedy in ..... now being taken to arrest the petitioner in order to deport him to pakistan. the proceedings for deportation are challenged on the allegation that the petitioner is a citizen of india and consequently section 7 of the influx from pakistan (control) act cannot be applied to him. the question whether the petitioner is or is not la citizen of ..... india is a question of fact. the petitioner contends that he is still a citizen of india and he never migrated from india. his case in the affidavit is that he left for pakistan because his sister's son was one of the .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-27-1954
Reported in : 1954CriLJ962
..... petitioner has failed to satisfy the court that he had not migrated from india. further, there is no assertion that after migration, the petitioner again acquired indian citizenship in accordance with the proviso to article 7 of the constitution. it must, therefore, be held for the purpose of this petition that ..... is not possible to accept the petitioner's contention that he never migrated from india. evidence cannot be recorded and the question cannot be gone into in detail in these proceedings under article 226 of the constitution. the criminal court has already examined the position and if the petitioner thinks ..... to deport him to pakistan. the proceeding's for deportation are challenged on the allegation that, the petitioner is a citizen of india and consequently section 7 of the influx from pakistan (control) act cannot be applied to him.the question whether the petitioner is or is ..... not a citizen of india is a question of fact. the petitioner contends that he is still a citizen of india, and he never migrated from india. his case in the affidavit is that he left for pakistan because his sister' ..... pakistan regulating movement of persons from one country to the other. thereafter the petitioner was unable to return to india for a month. he, however, obtained a temporary permit and returned to india. the period of that temporary permit lapsed and thereafter the petitioner was prosecuted under the provisions of the influx .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-26-1954
Reported in : AIR1954Bom505; (1954)56BOMLR552; ILR1954Bom1367
..... his birth and as the son himself is not the holder of a certificate he can go on enjoying those rights and notwithstanding his acquiring a citizenship of another country no action could be taken against him under the foreigners act. there is again a simple answer to this difficulty suggested by ..... that it is open to him to satisfy us that after the naturalization certificate was granted to the father of the plaintiff he has acquired iranian citizenship and therefore he has lost his rights and thereby the son has also lost his rights. now, the indian naturalizatilon act provides for the revocation ..... saved unless the contrary is provided by the legislature. but mr. desai says that the repeal of the indian naturalization act is not by the constitution, but is by adaptation by the president under article 372(2).but article 372(2) gives the power to the president of repealing any law in ..... place, he contends that the indian naturalization act (7 of 1926) was repealed by the president exercising his powers under article 372(2) of the constitution, and mr. desai says that the plaintiff is no longer entitled to claim any privilege under section 7(2) of that act. the answer to ..... that the plaintiff is a foreigner before we can uphold the order of the government of india to extern him from this country. the foreigners act was adapted by the president under article 372(2) of the constitution, and before adaptation the material section was in the following terms:'foreigner' means a person who .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-15-1954
Reported in : AIR1954SC229; 1954CriLJ712; 1SCR933
..... were by no means without remedy. they could from the other side of the border take steps under the rules to obtain valid permanent permits upon proof of their citizenship of india and if such permits were illegally withheld from them they could move the appropriate high court under article 226 or even this court under article 32 while they were outside ..... order his expulsion from the country, for to hold otherwise would be tantamount to destroying the right of citizenship conferred by part ii of the constitution. this result is permissible only by recourse to article 11 of the constitution. again it will be noticed that section 7 imposes the penalty of removal not only upon a conviction under section 5 but goes further ..... . 65 and 66 of 1952. 20. petition no. 170 of 1952. and 21. petition no. 19 of 1953. ghulam hasan, j.22. these petitions under article 32 of the constitution raise the constitutional validity of section 7 of the influx from pakistan (control) act, xxiii of 1949. mr. s. p. sinha, who appears for the petitioners, withdraws these petitions and undertakes to ..... in pakistan must be in possession of a permit or a valid passport or be exempted from such requirements. passport regulations obtain in every civilised country including even those the constitutions whereof confer similar fundamental rights on their citizens, e.g., switzerland (article 43-45), wiemer germany (article iii), czechoslovakia (article 108), jugoslavia (article 10), danzig (article 75), and albania ( .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-14-1954
Reported in : AIR1954SC465; 1954CriLJ1322; 1SCR380
..... this objection appears to their lordships subversive of the rights which the provincial legislature enjoys while dealing with matters falling within the classes of subjects in relating to within the constitution has granted legislative powers. within its appointed sphere the provincial legislature is as supreme as any other parliament; and it is unnecessary to try to enumerate the innumerable occasions ..... high court was therefore right in negativing the contention raised regarding the invalidity of the control order as abridging the rights of the citizen under article 19(1) of the constitution. 10. mr. umrigar further argued that the textile commissioner had been given unregulated and arbitrary discretion to refuse or to grant a permit, and that on grounds similar ..... powers) act, 1946, and the provisions of the cotton cloth control order contravened the fundamental right of the appellants guaranteed by article 19(1)(f) and (g) of the constitution; (2) that section 3 of the essential supplies (temporary powers) act, 1946, and in particular section 4 were ultra vires, the legislature on the ground of excessive delegation of ..... transported by rail, road, air, sea or inland navigation any cloth, yarn or apparel except under and in accordance with - (i) a general permit notified in the gazette of india by the textile commissioner, or (ii) a special transport permit issued by the textile commissioner.' 8. section 8 provides that the textile commissioner may, by notification in the gazette .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-15-1954
Reported in : AIR1954Bom468; (1954)56BOMLR643; ILR1954Bom1333
..... languages other than these 14 would be very indignant if it was suggested to them that the language which they speak is not an indian language recognised by the constitution. every language in india which is in use is an indian-language. not only is it an indian language, but, as we shall presently point out. arts. 29 and 30 contain specific ..... any grant under this article unless at least forty per cent, of the annual admissions therein are made available to members of communities other than the anglo-indian community.' the constitution, therefore, prohibits an anglo-indian school being run only for the benefit of anglo-indian students. there is an obligation cast upon an anglo-indian educational institution to-make available ..... pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare.'and at p. 535 (1078) we have a striking passage in the judgment:'..... the ..... used not only in hindustani but also in the languages mentioned in the eighth schedule. in. other words, the hindi language contemplated by the constitution is the language which will represent not only the diverse culture of india, but also its different important languages. therefore, the most that one can say is that the eighth schedule enumerates 14 important indian languages and .....Tag this Judgment!
Court : Chennai
Decided on : Sep-14-1954
Reported in : AIR1955Mad100; 1955CriLJ452
..... accused under section 65, madras city police act, 1888; and secondly section 65, madras city police act, 1888 offended article 14 of the constitution of india and was therefore void as being repugnant thereto and that the questioning by the court of the accused under section 342, criminal p. c., ..... provided, the equal protection clause was not violated. the aoove principles are applicable in the construction of article 14 of the constitution of india. the words 'within the territory of india' at the end of the article do not mean that there must be one uniform rule throughout all the territories comprised ..... words, the contention was both (a) on merits and (b) on the supposed offending of articles 14 and 20(3) of the constitution of india. 12. the learned presidency magistrate came to the conclusion on the merits that the prosecution had brought home the offence to the accused and ..... lands the basis for shifting to those accused of violating the statute the ourden of proving that the alien is either a citizen or eligible for citizenship; -- 'ibid morrison v. people of the state of california', (z25-30). the court's view was that the probability of injustice to ..... eminent domain to be exercised in different cases and through different agencies and prescribe peculiar restrictions upon taxation in each distinct municipality, provided the state constitution does not forbid. these discriminations are made constantly; and the fact - that the laws are of local or special operation only is not .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-12-1954
Reported in : AIR1955SC36; 1955CriLJ152; 1SCR697
..... till the time that ram narain actually landed on the soil of india and took up permanent residence therein he cannot be described to be domiciled ..... apply to him after the 15th august, 1947, whether he was in india or in pakistan, but we think that the description 'native subject of her majesty' after the 15th of august, 1947, became applicable in the territory now constituted india only to residents of provinces within the boundaries of india, and in pakistan to residents of provinces within the boundaries of pakistan and ..... real question to be determined here is, whether ram narain had indian domicile at the time of the commission of the offence. persons domiciled in india at the time of coming into force of our constitution were given the status of citizens and they thus acquired indian nationality. if ram narain had indian domicile at the time of the commission of the ..... of section 4, indian penal code, could not apply to his case. the circumstance that after the commission of the offence a person becomes domiciled in another country, or acquires citizenship of that state, cannot confer jurisdiction on the courts of that territory retrospectively for trying offences committed and completed at a time when that person was neither the national of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-15-1954
..... . s. 239 (1924). [ footnote 5 ] the first ground was that, "in all similar cases, the board of immigration appeals has exercised favorable discretion, and its refusal to do so herein constitutes an abuse of discretion." this is a wholly frivolous contention, adequately disposed of by the court of appeals. 206 f.2d 897, 901. another allegation charged "that the department of ..... , may be tested by habeas corpus. nishimura ekiu v. united states, 142 u. s. 651 . neither is this a case involving questioned personal status, as whether one is eligible for citizenship, which we have held reviewable under procedures for declaratory judgment and injunction. mcgrath v. kristensen, 340 u. s. 162 . petitioner admittedly is in this country illegally, and does not question ..... of pardon or commutation of a sentence, which we trust no one thinks is subject to judicial control, and second, because no legal right exists in petitioner by virtue of constitution, statute or common law to have a lawful order of deportation suspended. even if petitioner proves himself eligible for suspension, that gives him no right to it as a matter .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-04-1954
Reported in : AIR1954Kant152; AIR1954Mys152
..... ground that the custodian-general had no such revisional jurisdiction we think that the appellants can reasonably complain that their fundamental rights under the constitution of india are being infringed by the order of the custodian general and that they are entitled to relief at the hands of this court on that ..... on the part of a party can give such jurisdiction. in the first of these cases the petitioners applied under article 226 of the constitution of india for the issue of a writ to quash an order of a deputy registrar of cooperative societies in the matter of some election dispute. ..... appeal could not apply to the case. the assessee then moved the high court of madhya pradesh under arts. 226 and 227 of the constitution of india for an appropriate writ directing the sales tax commissioner to admit and hear the appeal without demanding payment of the amount of sales tax ..... of the kind undertaken by the applicant amounted to migration from india to pakistan and that the applicant could not be deemed to have lost the citizenship of india and could not be ordered to be removed from india though he had come into india under a temporary permit. the present is-a stronger case ..... as the appellants have gone to pakistan & returned on temporary 'no objection' certificates. under art, 19 (1) as citizens of india the appellants .....Tag this Judgment!