Court : Allahabad
Decided on : Aug-28-1957
Reported in : AIR1958All165
..... a pakistan national can be determined under the provisions of the citizenship act, 1955. section 9(1) of that act clearly lays down that 'any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26 january, 1950, and ..... acquisition or, as the case may be, such commencement cease to be a citizen of india: provided that nothing in this sub-section shall apply to a citizen of india who, during any war in which india may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs.' under the provisions of this sub ..... indian national was under consideration. from the various applications and from the fact that the petitioner himself obtained a passport as a pakistan national to come to india, the petitioner's contention that all this he did under a bona fide mistake cannot be accepted. the question whether the petitioner was an indian national or ..... adopt the course laid down and prescribed by the statute and not seek a remedy by approaching this court un-der article 226 of the constitution.8. for the reasons given above, i haveseen no merits in this petition which i accordingly dismiss. ..... ordermukerji, j. 1. this is a petition by haflz ab-dul rahman under article 226 of the constitution praying for a writ of certiorari to quash an order made by respondent no. 1 and for a writ of mandamus directing the respondents, .....Tag this Judgment!
Court : Kerala
Decided on : Jul-18-1957
Reported in : AIR1958Ker15
..... the ordinary canons of interpretation the definition of 'foreign court' in our civil procedure code at the time must be held subservient to the provisions in the constitution of india, namely, article 5 conferring on the state subjects the citizenship of india and clause (3) of article 261 by which final judgments or orders delivered or passed by civil courts in any part of the territory ..... expeditious method of execution by application, will be available and that there will be no necessity for an action on the judgment of another state.14. part ii of the constitution deals with citizenship and article 5 is the first of the seven articles in that part. it is difficult to say that the evolution of a common ..... the part b stales (laws) act, 1951.17. the learned counsel for the respondent drew our attention to article 367(3):'for the purposes of this constitution 'foreign state' means any state other than india: provided that, subject to the provisions of any law made by parliament, the president may by order declare any state not to be a foreign state for ..... terms:'the courts in gwalior or madhya bharat continued to be foreign courts notwithstanding the accession of madhya bharat to india and notwithstanding the unification of india brought about by the constitution. in spite of the unification of india and accession of madhya bharat to india the court in gwalior continued to be a foreign court and the judgment-debtor's right of immunity from .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-06-1957
Reported in : AIR1957SC857; (1959)61BOMLR58; 1957CriLJ1346; 1SCR328
..... of the constitution read with art. 7 thereof, he was a citizen of india on the date of the constitution and continued to be so at the date of the offence in july-august, 1951, unless he shows that under art. 9 of the constitution, he voluntarily acquired the citizenship of a ..... of correspondence, to speak to its authorship. in an appropriate case the court may also be in a position to judge whether the document constitutes a genuine link in the chain of correspondence and thus to determine its authorship. we are unable, therefore, to say that the approach ..... every person without exception barring such as may be specially exempt from criminal proceedings or punishment thereunder by virtue of the constitution (see art. 361(2) of the constitution) or any statutory provisions or some well-recognised principle of international law, such as foreign sovereigns, ambassadors, diplomatic agents ..... foreign state. prima facie mere migration to pakistan is not enough to show that he had lost indian citizenship ..... a.c. 889.. however that may be these concepts are no longer tenable after india become a dominion by the indian independence act of 1947 and after it become an independence free sovereign republic under the present constitution. it is enough to the case of croft v. dunphy (1933) a.c. .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-03-1957
Reported in : AIR1958Bom68; (1957)59BOMLR901; 1958CriLJ161; ILR1957Bom880
..... problem of duality that often arises in the american law, the problem which arises because o a federal citizenship and a state citizenship. therefore, in india we have one citizenship, the citizenship of india. we have one domicile -- the domicile in india and we have one legal system -- the system that prevails in the whole country. the most that one can say about a ..... legislature not only within its own boundaries but outside its boundaries is to confer a jurisdiction and competence upon the legislature which it certainly does not possess under the constitution. the fallacy, with very great respect, underlying this observation is that the provincial legislature has jurisdiction to legislate with regard to its residents although the subject-matter of ..... benefit of persons residing in the province, and consequently a law for the province within the legislative competence of the provincial legislature. the wide powers conferred by the constitution on a state legislature should not be interpreted so as to allow its laws to be defeated by the simple expedient of crossing the state boundary and doing the ..... that the state legislature had no extra territorial powers. the central legislature was given certain extra territorial powers as is apparent from section 99(2). now, under our present constitution parliament has been given absolute territorial powers. therefore, to-day parliament may enact any extra territorial law. the only limitation on its power is the practicability of the law .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-11-1957
Reported in : AIR1957All561
..... absolute and not conditional and this fact distinguishes the present case from the canadian case. 7. section 104 of the government of india act was amended by the india (provisional constitution) order 1947, which came into effect on 15-8-1947; but the amendment did not affect the relevant provisions of section ..... not the same as a person who has given up the indian citizenship. aperson might not have lost indian' citizenship but still might have become an evacuee within the meaning of the act no. xxxi, the word 'migrated' is used in the constitution but not in the act no. xxxi, which, instead, uses ..... on a passport obtained by her as a pakistan national. if she had not given up her indian citizenship, she was an indian national and she was to return to india as such, having obtained a pass-port as a pakistan national she is estopped from contending that she is ..... been created with overlapping territorial jurisdictions, each has not been given unlimited legislative powers but only one has been given such powers. under our constitution the union has the residuary powers of legislation; so also in canada and burma. in america and australia the residuary powers vest in the ..... the word 'left'. no question of intention arises; the only thing to be seen is in what circumstance's or why the person left india .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-03-1957
..... added to these practical objections are serious questions concerning the legality of abandoning the diversity of citizenship requirement. the constitution limits suits in the federal courts, inter alia, to cases arising under the constitution and laws of the united states or involving diversity of citizenship (constitution, art. iii, sec. 2)." "reflection upon these practical and legal objections to this ..... agreements affecting commerce regardless of diversity of citizenship of the parties. the constitution limits suits in the federal courts to cases arising under the constitution and laws of the united states or involving diversity of citizenship (constitution, art. 3, sec. 2). the bill apparently attempts to found jurisdiction upon the constitution and laws of the united states by ..... the use of the words 'if such agreement affects commerce.' there would be involved here, however, no substantive right under the laws of the united states or under the constitution. actually ..... upon federal courts broad power to entertain suits for violation of union agreements regardless of the amount involved and apparently in complete disregard of the constitutional requirement of diversity of citizenship is page 353 u. s. 520 fraught with grave issues of policy and legality. it would appear particularly unwise to abandon in this .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-10-1957
..... a civil action between private persons where 'the matter in controversy' exceeds the sum or value of $3,000 . . . but does not arise 'under the constitution, laws or treaties of the united states,' . . . and diversity of citizenship as to 'the matter in controversy' does not exist. u.s.const., art. iii; 28 u.s.c. 1332. . . ." 117 f.supp. at 808 ..... support in the line of cases that deal solely with substantive requirements or with the procedural rules for establishing compliance with those requirements. these have nothing to do with the constitutional jurisdiction of the federal courts in diversity suits. prior to the judiciary act of 1875, 18 stat. 470, there was only very limited federal question jurisdiction in the ..... defendant. the court referred to "antagonistic" control and the stockholder's "interests, and the interests of the corporation" being made "subservient to some illegal purpose." this question of what constitutes "antagonistic" control is the crux of the present cases. the district court in no. 316, in the course of its thorough opinion, stated: "for a corporation to be 'in ..... jurisdictional adjudications -- which control the present cases -- and of the wholly different precedents establishing the substantive rules that govern stockholders' suits when there is unquestionable jurisdiction in the constitutional sense. it will also be necessary to set forth generous portions of the opinions of the court in prior cases to demonstrate that not only do they not support the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-14-1957
..... that an application of the state statute adverse to its interests would be unconstitutional -- our rule has been precisely the opposite: "as questions of federal constitutional power have become more page 352 u. s. 229 and more intertwined with preliminary doubts about local law, we have insisted that federal courts do ..... law. in meredith v. city of winter haven, 320 u. s. 228 , a case in the federal courts by reason of diversity of citizenship, we refused to remit the parties to the state court for decision of difficult state law questions. we held that it was the duty of the ..... the federal court's duty to avoid if possible a federal constitutional question. siler v. louisville & nashville r. co., 213 u. s. 175 . in the spector case, then, matters of state law were only ..... under 28 u.s.c. 1331, the federal district court has jurisdiction where the matter in controversy exceeds the jurisdictional amount "and arises under the constitution, laws or treaties of the united states." in litigation in the federal courts under that statute, the necessity of construing state law arises because of ..... turns. that procedure is an advisable one where private parties question the constitutionality of a state statute. an authoritative construction of the state law may avoid the constitutional issue or put it in new perspective. see spector motor service v. mclaughlin, 323 u. s. 101 , 323 u. s. 104 -105. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-21-1957
Reported in : AIR1958P& H57
..... association, chuharkana, ltd., delhi v. punjab national bank, ltd, delhi 57 pun lr 246 (b). 2. the punjab property development company is a partnership firm, constituted under an agreement dated the 20th april, 1944, of three limited concerns as its partners namely, the builders and traders, limited, lahore, the punjab electrics, limited, ..... and thereby to become amenable to the jurisdiction of the courts of this country.' 9. referring to the american decisions on the point of residence or citizenship of a corporation, mr. seymour d. thompson in his 'commentaries on the law of corporations' at page 565 of vol. 1 (third edition) ..... its business there. its residence may certainly be with more propriety said to be there than at any other place.' 11. in iron and hardware (india) co. v. firm shamlal and brothers, air 1954 bom 423 (h), an application for recovery of damages on the breach of a contract was ..... a natural person. use of the phrases 'has left, or been displaced from, his place of residence' and 'who has been subsequently residing in india', it is urged, strongly leads to the inference that the residence contemplated is a human residence and it does not apply to a corporate body, ..... particular date, on account of the civil disturbances, they shifted their business and offices first to jullundur and then to delhi (which form part of india) and are still carrying on business and having their offices there. the contention of mr. radheylal aggarwal on behalf of the appellant is that the .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-06-1957
..... rationally be drawn from these editorials. [ footnote 28 ] because of the very nature of our democracy, such expressions of political views must be permitted. citizens have a right under our constitutional system to criticize government officials and agencies. courts are not, and should not be, immune to such criticism. [ footnote 29 ] government censorship can no more be reconciled with our ..... exclusion. i i had not supposed that it could be seriously contended that california's requirements for admission to the bar do not authorize the rejection of a candidate for constitutionally unprotected obstruction of a valid investigation into his qualifications under such requirements. cf. schware v. board of bar examiners, supra (concurring opinion). and it is unmistakable from the ..... the communist party, if true, without anything more, is not an adequate basis for concluding that he is disloyal or a person of bad character. a lifetime of good citizenship page 353 u. s. 274 is worth very little if it is so frail that it cannot withstand the suspicions which apparently were the basis for the committee's ..... professors, businessmen, and social workers. the following are typical of the statements made about konigsberg: an instructor at the university of southern california law school: "he seems to hold the constitution in high esteem, and is a vigorous supporter of civil rights. . . . he indicated to me an open-mindedness seemingly inconsistent with any calculated disregard of his duty as a .....Tag this Judgment!