Court : Andhra Pradesh
Decided on : Jul-02-1959
Reported in : AIR1960AP106
..... relevant provisions of the constitution of india and the citizenship act of 1955. articles 3 - 11 deal with the criteria for the ascertainment ..... five years immediately preceding such commencement shall be a citizen of india.article 6 deals with the rights of citizenship at the commencement of the constitution of certain persons who have migrated to india from pakistan. while article 7 lays down the test for ascertaining the rights of citizenship of certain migrants to pakistan after the 1st day of march, ..... of citizenship at the commencement of the constitution. article 5 provides that at the commencement of the constitution, every person who has his ..... which amounted to a renunciation or termination of their citizenship of india, nor did they acquire the citizenship of any other country. 4. the main question in these writ petitions is whether the petitioners are citizens of india entitled to exercise the fundamental rights under article 19 of the constitution of india. the answer to this question would depend upon the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-23-1959
Reported in : AIR1960MP381
..... a foreigner, and who has for five years overstayed the term of his visa, and who has done nothing to move the government of india to clear this doubt about his citizenship -- that such a person should, when the deportation it imminent, be permitted to stay on for another term just to move that government ..... writ not to deport them and at least to wait till they get an opportunity to move the government of india under section 9(2) of the indian citizenship act and rule 30 of the citizenship rules, and the latter disposes of their petition. 2. the facts stated above indicate that this is a typical ..... such cases there can be a genuine doubt laised well before the deportation proceedings, as to the citizenship of the persons concerned, and it would be advisable to wait till the matter is decided by the government of india, instead of pushing the persons across the border into a foreign country, from where it would ..... rulings have no application. in re, abdul khader, air 1959 andhra pra. 241 the acquisition or the determination of the indian citizenship of the applicant, was already under the active consideration of the government of india, at the time of the deportation order. the court held that the authorities should wait till the government of ..... krishnan, j. 1. this is a petition under article 226 of the constitution of india by a couple who came to india on a pakistani passport (which was visa-ed) for three months ending on 23-10-1954. either they were successful, in concealing themselves, .....Tag this Judgment!
Court : Chennai
Decided on : Nov-17-1959
Reported in : AIR1961Mad129; (1960)IIMLJ290
..... which a person might have owing to the operation of law, every citizen of india shall elect either to retain that citizenship or to expatriate himself, and that once he so elects, he cannot claim to retain indian citizenship and profess a dual allegiance.the constitutional validity of section 9(2) and that of the rule of evidence contained in ..... -state the basic principles underlying part ii of the constitution, the relevant sections of the citizenship act and the rules. article 5 of the constitution treats every person born in india, or the issue of parents born in india and domiciled in the country at the commencement of the constitution as a citizen of india.at the same time, recognising that several persons who ..... the topic. part ii of the constitution, articles 5 to 11 relate to citizenship. article 5 defines the persons who constitute citizens of india at the commencement of the constitution.article 5: "at the commencement of 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 ..... words of the section are: (1) that a citizen of india should by naturalisation, registration or otherwise, acquire the citizenship of another country; (2) such acquisition should be voluntary. article 9 of the constitution itself had made provision for the cessation of indian citizenship by voluntary acquisition of the citizenship of a foreign state.this would have certainly covered the period upto .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-26-1959
Reported in : AIR1960All431; 1960CriLJ875
..... there was in the eye of law, indian citizenship. consequently, a person who had migrated to pakistan before 26th of january, 1950 was not a citizen ..... this section are that the person concerned should be at one lime a citizen of india and voluntarily acquire or has voluntarily acquired the citizenship of another country between the 26th january, 1950 and the commencement of the act. before the commencement of the constitution of india the citizens of india were termed as british subjects and it was from the 26th january 1950 that ..... by section 9(2) of this act. sub-section (2) of section 9 shall be read along with sub-section (1). section 9 runs as below:'9. termination of citizenship.-- (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, and the commencement of this act voluntarily acquired, the ..... before 26-1-1950. the first part of the sub-section (1) of section 9 applies to citizens of india voluntarily acquiring the citizenship of another country. this will have reference to the acquisition of citizenship of another country after the commencement of the citizenship act, 1955 and not before this act came into force.the other part is not general, its scope has .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-14-1959
Reported in : AIR1960P& H644
..... taken place after the formation of the patiala and east punjab states union and even after the constitution of india had been in force granting equal rights of citizenship to all the subjects of the union of india. the repudiation could be justified only as an act of state which could be exercised by ..... another state, including its relations with the subjects of that state, unless they are temporarily within the allegiance of the crown'. (wade and phillips on constitutional law, fourth edn. p. 193). an act of state to be such can be exercised only against the subjects of another state unless it be ..... instances when acts of parliament in england have been passed for the benefit of persons seeking divorce, and it cannot be denied that such an act would constitute 'law;. (salmond on jurisprudence pp. 38-39, 1957 edn.). so long as it emanates from the sovereign power a rule, even if applicable to ..... subjects of that sovereign. in other words, as regards the residents of territories which come under the dominion of anew sovereign, the right of citizenship commences when the act of state terminates and the two therefore cannot co-exist.' the covenant was signed between the eight rulers of the state of ..... the united provinces (now uttar pradesh) by an order of the governor-general. the government of uttar pradesh in consultation with the government of india repudiated the grant which had been made by the rulers of sarila and chakhari states. it was held by the supreme court that the confiscation .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-24-1959
Reported in : AIR1961All111; 1961CriLJ206
..... citizenship subsequently or with the loss of citizenship. for these matters provision has been made in the citizenship act of 1955. section 9(1) of the ..... act provides that any citizen of india who voluntarily acquires after 26-1-1950 ..... with a case coming within the scope of either of them. a person who migrated from india to pakistan after 1-3-1947 is not to be deemed to be a citizen of india even though he retains his indian domicile or has returned to india before 19-7-1948. the constitution deals with citizenship on the relevant date and not with the acquisition of ..... the citizenship of another country ceases to be a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-15-1959
Reported in : (1960)ILLJ156AP
..... before the inauguration of the constitution. article 8 confers right of citizenship on persons residing outside india, subject to the conditions laid therein. article 10 provides for continuance of the citizenship and article 9 enacts how it is lost. under article 11 parliament is ..... contained in article 19. i would, notwithstanding that formidable array of judicial opinion, adhere to the view that unless a person can establish his being entitled to the rights of citizenship as defined by the constitution and the law enacted thereafter, the person is not entitled to the benefit of article 19. the position under the american ..... 5 evidently covers natural persons. articles 6 and 7 go with article 5 and they would not be of help to the petitioner. article 8 confers right of citizenship on persona residing outside india and would be equally out of place. under article 11 parliament is authorized to enact law and it is conceded that the writ petitioner is authorized to enact ..... the constitution can be relied upon in support of the juristic personality being treated as citizen. out of the several articles contained in part ii of the contitution, which cannot be disregarded when dealing with such rights of a juristic personality, article 5 covers only natural persons. articles 6 and 7 deal with citizenship of those who had migrated to and from india .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-19-1959
Reported in : AIR1959P& H375; 1959CriLJ1018
..... after the 15th of august 1947 it can be said that the petitioner had acquired the domicile of the indian dominion and the domicile of the republic of india at the commencement of the constitution, there is absolutely noreliable and trustworthy material which can show that the petitioner acquired such domicile. mr. partap singh submits that the petitioner's statement that she ..... of a passport from a foreign country be not considered to be conclusive proof of the nationality of the applicant, it certainly raises a strong presumption in favour of the citizenship asserted by him or her, as the case may be, for the purpose of securing the passport.in the present case the petitioner secured a passport from pakistan and entered ..... , however, deals with the power of the high court to interfere under article 226 and the latter case lays down that according to rule 3 of schedule 3 of the citizenship rules, 1956, the acquirement of a passport of another country is conclusive proof that the person acquiring that passport, even though he might be of indian origin before the partition ..... business. after the division of inida, under pressure from; the local police and without proper guidance and appreciation of his citizenship rights, he applied in india for a passport and received one under the seal of the high commissioner for pakistan in india, new delhi, dated 7-3-1953. it was on these facts that subba rao c. j., observed that this did .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-10-1959
Reported in : (1960)62BOMLR11
..... and the geographical boundaries within which it exercises that supreme authority? the union of india, according to art. 1 of the constitution, is a union of states. it pervades the whole of india. the makers of the constitution, it is true, have endeavoured to avoid dual polity and double citizenship and have given a pattern of a unitary state with subsidiary federal features and which ..... not before the high court and could not be made available from any legal custody within the state. it was observed in that case that in the context of the india constitution 'central government decided was not before the high court and could not be made available from any legal custody with the state. it was observed in that case that in ..... is a compromise between rival constitutional doctrines. even so there is dual government now the executive power the union is co-extensive ..... with the legislative power of the union parliament and extends over the whole of the territory of india in respect of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-10-1959
Reported in : AIR1960Bom353; 40ITR624(Bom)
..... dominion and the geographical boundaries within which it exercises that supreme authority the union of india according to article 1 of the constitution, is a union of states. it pervades the whole of india. the makers of the constitution, it is true, have endeavoured to avoid dual polity and double citizenship and have given a pattern of a unitary state with subsidiary federal features and ..... under the provisions of section 34 of the indian income-tax act (ii) whether this court is competent to issue a writ under article 226 of the constitution of india compelling the union of india to refund an amount of money or to return the securities collected or received pursuant to a settlement recorded under the procedure prescribed by act xxx of ..... which is a compromise between rival constitutional doctrines. even so, there is dual government. now the executive power of the union is ..... co-extensive with the legislative power of the union parliament and extends over the whole of the territory of india in respect of .....Tag this Judgment!