Court : Allahabad
Decided on : Mar-04-1960
Reported in : AIR1960All565
..... himself recorded as a citizen of india and therefore he applied on 20-8-56 for the grant of certificate of naturalization ..... under act lvii of 1955 and got a notice published in the daily bharat of varanasi dated 9th and 11th december 1956. the afore-said application for citizenship was rejected by the government of india, and information was communicated to the petitioner by office memorandum no. 556 cp/viii-d dated 28-6-57 by the under secretary of the home department ..... of leaving the place. during the 30 years' stay in india he has hardly visited afghanistan six times, and during the last 22 years he probably visited only twice or thrice. after the coming of the constitution, the petitioner considered himself to be a domicile of india and its citizen.when the citizenship act of 1955 came into force, the petitioner thought of getting ..... 5(1)(c) of the constitution of india. it was further contended that it was only the union government, who could direct his deportation and such power could not be exercised by the senior superintendent of police; therefore this writ petition has been filed.2. a revision was also filed by the petitioner under section 6 of the citizenship act, but he received .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-13-1960
Reported in : AIR1961Guj109; (1961)GLR57
..... force or compulsion is irrelevant. it is nobody's case that he got himself registered for the purpose of renouncing his citizenship of india. he, therefore, continued to be a citizen of india as laid down in arts. 5 and 10 of the constitution until september 1953 when he was deported. it is not in dispute that when he went to pakistan he did ..... another country, shall upon such acquisition or as the case may be, suchcommencement, cease to be a citizen of india. ac-cording to the respondents, the appellant in this case acquired the citizenship of pakistan before the act came into operation, but, after the constitution came into force. sub-sections (2), of section9 then provides that if any question arises as to whether ..... the jurisdiction of civil courts to decide the question whether a person has lost his citizenship by acquiring the citizenship of another country. as i have pointed out, article 10 of the; constitution categorically lays down that every person who is or is deemed to be a citizen of india shall continue to be a citizen subject to the provisions of any law that ..... was in error who on a mere consideration of article 5 of the constitution has held that the appellant was not a citizen of india. 9. it was, however contended by mr. nanavati that appellant had after his deportation to pakistan acquired citizenship of that country and thereby lost is citizenship of this country. he-based this argument upon the fact that alter the .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-18-1960
Reported in : AIR1961All507; 1961CriLJ441
..... , amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.'no ruling has been cited before me in which any contrary opinion has been expressed tegarding the constitutional validity of the aforesaid schedule iii of the citizenship rules.6. i should not be understood as laying downthe proposition that in no case the obtaining ..... in my opinion clause 3 and clauses 5(b) and (d) of schedule iii of tile citizenship rules, which in many cases would result in summarily depriving an indian ..... such acquisition by virtue of section 9(1) of the citizenship act involves automatic termination of indian citizenship. the question is, can an indian citizen be deprived of his fundamental rights (including the right of residing and settling in any part of india, guaranteed by article 19 of the constitution) in this arbitrary and wholly unreasonable fashion?i cannot countenance such a position and .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-26-1960
Reported in : AIR1961MP110; 1961CriLJ516
..... knowing how long it shall continue.it, therefore, created serious doubts regarding the intention of such 'migrants' whether they wanted to be citizens of india. the constitution recognised that there was neither logic nor principle in conferring citizenship rights on persons who had deliberately chosen or may hereafter deliberately decide to choose to make some other country their home. it, therefore, provided that ..... the requirements of article 5. in his case, the position would be that he would never be deemed to have acquired the citizenship of india, in spite of the fact that he was domiciled in india at the commencement of the constitution and also fulfilled the condition of any of the clauses (a), (b) or (c) of article 5.40. the learned counsel ..... 1959shabrati s/o mangoo10.misc. pet. no. 371/1958ghulam mahmood khan93.-99. the position in cases where the petitioners concerned were citizens of india at the commencement of the constitution is that the question of termination of their citizenship can only be decided by the central government. we need, therefore, examine only those cases in which the petitioners had migrated to pakistan ..... any foreign state.' 39.as i read these provisions, their plain meaning appears to me to be this. at the commencement of the constitution, article 5 conferred citizenship on any person who had his domicile in the territory of india and who also satisfied any one of the conditions laid down in clause (a), (b) or (c) thereof. article 7 then contains .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-12-1960
Reported in : AIR1960All637
..... case no justification for holding that he ever voluntarily acquired pakistan citizenship. from this it follows that he has not forfeited his indian citizenship under section 9 of the citizenship act and he is still entitled to the rights of residence and free movement in india guaranteed by article 19 of the constitution.7. a number of objections have been raised on behalf ..... the appellants' fundamental right under article 19 of the constitution. admittedly, all the appellants were citizens of india on the data when the constitution came into force and they continued to be so by reason of article 10 of the constitution of india. the act deprived them of such right, if they voluntarily acquired the citizenship of a foreign country. the rule, by the ..... device adopted, completely bars the appellants from establishing that they have not acquired the citizenship of pakistan, the irrebuttable presumption from the fact, which is not ..... on the fundamental rights of the appellants under article 19 of the constitution of india.' applying the same reasoning to the facts of the present case, i find that the petitioner was an indian citizen by birth and that the circumstances show that he did not voluntarily relinquish that citizenship or acquire pakistan nationality; yet he is debarred by the arbitrary .....Tag this Judgment!
Court : Orissa
Decided on : Jul-22-1960
Reported in : AIR1961Ori150; 26(1960)CLT610; 1961CriLJ353
..... is one anwar ali who though formerly a resident of kotpad migrated to pakisthan some time in 1949 and consequently lost his indian citizenship under article 7 of the constitution.2. the petitioner also went to pakisthan but returned to india with a pakisthani pass-port (ext. 7) in which he was described as a citizen of pakisthan. in the c visa affixed ..... circumstances justifying such registration, cause any minor to be registered as a citizen of india. when the petitioner's father lost his indian citizenship on his migration to pakisthan in 1949, by virtue ot article 7 of the constitution, the petitioner, as his minor son, also lost his indian citizenship and became a citizen of pakistan. he made several applications to the authorities concerned ..... for being registered as a citizen of india, but they were rejected.it is true ..... that a passport alone is no evidence of citizenship, but apart from the passport the other .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-07-1960
Reported in : AIR1961SC58; 1SCR576
..... of his enrolment as a voter, the date of acceptance of his nomination and the date of his election. if however he was not a citizen of india at the commencement of the constitution he had not since acquired citizenship and so his election would be void. the respondent's case all along was that he was that he was a citizen of ..... citizens which application had to be filed before the date of the commencement of the constitution. but while the primary provisions in the constitution as regards the citizenship for people born at a place now included in india and people whose parents were born at a place now in india insist on that requirement of intention to reside here permanently by using the word 'domicile ..... . 11, only saves expressly the right of parliament to make provisions as regards acquisition and termination of citizenship and all other matters relating to citizenship. of the other six articles, the first, art. 5, says who shall be citizens of india at the commencement of the constitution, while arts. 6 and 8 lay down who though not citizens under art. 5 shall be deemed ..... or ordinary residence in this area for a continuous period of five years immediately preceding the commencement of the constitution. if there had been no division of india and no portion of the old india had been lost this would have been sufficient, as regards conferment of citizenship apart from the special provision for giving such rights to persons of indian origin residing outside .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-04-1960
Reported in : AIR1960All559; 1960CriLJ1176
..... india, who has; at any time between 26-1-1950, and the ..... may be assumed that he is not a citizen of india.'13. before migrating to pakistan in 1951 the petitioner was a citizen of india under article 5 of the! constitution. the question now is whether, he is still a citizen of india, notwithstanding his avowed pakistani nationality.14. sub-section (1) of section 9, citizenship act, 1955, declares inter alia that any citizen of ..... commencement of that act. voluntarily acquired the citizenship of another country, shall cease to ..... is scarcely fair for the petitioner to turn round and insist on residing in india permanently by the sanction of the court's writ,18. article 226 of the constitution is not addressed to the court in the language of an inexorable command. by it the court is constituted the; trustee of a high' power for the high purpose of maintaining equilibrity between .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-26-1960
Reported in : AIR1961Cal258,65CWN1142
..... a) and (b) of article 5 do not apply to corporations. articles 6 and 8 of the constitution which deal with the rights of citizenship of persons who have migrated to india from pakistan and the rights of citizenship of persons of indian origin residing outside india, have likewise no application to the corporations. article 19(1) (a) to (c) cannot possibly ..... business guaranteed -to them under the constitution. part ii of the constitution is entitled 'citizenship'. but the word 'citizen' has not been defined in the constitution. article 5 lays down that at the commencement of the constitution every 'person' who has his domicile in the territory of india and who was horn in the territory of india; or either of whose parents was ..... would be a citizen, and would continue to be a citizen. but there is no means provided, whereby a company may acquire citizenship after that date. this is an anomaly which can only be ..... for the acquisition and termination of citizenship and all other laws relating to citizenship. parliament has promulgated a law namely the 'citizenship act'. in that act, however, companies and corporations have been excluded. the position therefore, is somewhat anomalous. a company which has been ordinarily resident in india for 5 years preceding the commencement of the constitution, namely, 26th january, 1950 .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-01-1960
Reported in : AIR1961Raj122
..... candidature of the respondent no. 2; but the contention of the learned counsel for the appellant is that the allegations made in the petition constitute statements of fact which are false statements made in relation to the personal character or conduct of the maharawal of dungarpur. there is of ..... for consideration is whether the documents in question fall within the purview of section 123, clause (4) of the act, so that their publication may constitute corrupt practice under the act. as we have said the contents of the documents are identical. we may, therefore, reproduce the relevant portions thereof to ..... an indian national, whether the passport is legal evidence or not cannot lead to any irresistible inference that the said person had voluntarily acquired the citizenship of a foreign state; for such a passport could also be issued to a citizen by birth or descent. that being so, we find ..... have been married there to lal mohammed and returned with him under a pakistani passport to india. lal mohammed is admittedly an indian national residing in india. it appears that later kulsum obtained a certificate of indian citizenship; but on the day when the general elections took place she had not obtained any ..... whether living or dead or nonexistent, or whose names appeared in the same ward for two different houses or persons who were not citizens of india but whose names all the same appeared in the electoral rolls; or even in name of fictitious persons. secondly, it was alleged that the .....Tag this Judgment!