Court : Kolkata
Decided on : Nov-22-1960
Reported in : AIR1961Cal299,66CWN126
..... nature of certiorari quashing theorder dated the 18th of september, 1958 rejectingthe application of the petitioner for registrationunder section 5(1)(a) of the indian citizenship act.the collector will now proceed to satisfy himselfupon proper enquiry as required by the rules and,act in accordance with law. mr. mazumdar onbehalf ..... 5(1)(a) of the indian citizenship act, to be registered as a citizen of india. section 5(1)(a) enables a person of indian origin, who is ordinarily resident in india and was so resident for 6 months prior to the making of the application, ..... the application itself is concerned, the intention is apparent that the petitioner wishes to be an indian citizen, but as to whether he intends to make india his permanent home, cannot be decided without an enquiry. in his application, the applicant has said on oath that he intends to do so. the ..... to dacca in east pakistan. there, he took out a pakistani passport declaring himself to be a pakistan citizen. he has then come back to india with a temporary visa and upon the expiry thereof he was asked to leave; but he prayed for time and finally made an application under section ..... for example, he has to satisfy himself that the person is of indian origin. secondly, that he has close connections in india. thirdly, that he has an intention to make india as his permanent home. fourthly, that he is of good character and otherwise a fit and proper person to be registered as .....Tag this Judgment!
Court : Guwahati
Decided on : May-10-1960
..... allowed. in present case the petitioner is not challenging the validity of the order under article 226 of the constitution. he was given a notice to quit india within a month. if his case was covered by section 9 of the indian citizenship act, he had sufficient time t0 get a decision from the central government. he had violated the order and ..... five years immediately preceding the commencement of the constitution. the magistrate after consideration of the evidence has come to the conclusion that the petitioner failed to prove ..... virtue of article 5(1) of the constitution which provides that at the commencement this constitution every person who has his domicile in the territory of india and who has been ordinarily, resident in tile territory of india for not less than five years immediately preceding such commencement, shall be a citizen of india. he did, not claim indian citizenship by birth. he urged that he ..... had been resident in india for not less than .....Tag this Judgment!
Court : Kolkata
Decided on : May-05-1960
Reported in : AIR1960Cal740
..... india, and who has been ordinarily resident in the territory of india for not less than five years immediately preceding such commencement, shall be ..... be a foreigner, that is to say, not a citizen of india, it is conceded that if he is a citizen of india neither the act nor the order applies to him. the question of citizenship is dealt with in part ii of the constitution. article 5 states that at the commencement of the constitution, every person who had his domicile in the territory of ..... the partition took place, the petitioner at first provisionally opted for pakistan but thereafter changed his mind and opted for india, where in fact he has continued to remain. according to him, at the commencement of the constitution, 'he was domiciled in india and was ordinarily resident therein for not less than five years immediately preceding such commencement. in fact, according to him ..... a citizen of india. doubtlessly, this is basically a question of fact, and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-05-1960
Reported in : AIR1961SC816; 2SCR874
..... appointment as a judge of a high court, and has submitted that where the constitution-makers thought it necessary they specifically provided for counting the period in a high court which was formerly in india. articles 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of art. 233, and we do not think ..... a roll of advocates was prepared and maintained in accordance with section 8 of the said act. it was in this second period that the constitution of india came into force on january 26, 1950. 13. this is the background against which we have to consider the argument of learned counsel for the appellant. even if we assume ..... that right was not taken away even after the lahore high court ceased to be a high court in the territory of india under the constitution. as we are resting our decision on conclusions drawn from the high courts (punjab) order, 1947, and section 8 of the bar councils act, 1926, we consider it unnecessary to ..... intervene in the appeal and in view of the circumstance that a question of the interpretation of art. 233 of constitution arises in the appeal, we have allowed the application and heard the learned additional solicitor-general, even though the union of india did not appear at an earlier stage to contest the application which the appellant had made, to expunge it .....Tag this Judgment!
Court : Chennai
Decided on : Mar-16-1960
Reported in : (1960)2MLJ425
..... of india came into force on 26th january, 1950, it did not mean that the laws which existed in ..... sufficient to add that ' extradition ' is a subject specifically provided for as the object of legislation, as item 18 of the seventh schedule, list i, in the constitution of india. we would also refer to section 18 of the indian extradition act itself, cited earlier.98. with regard to the effect of a pronouncement that certain provisions of this ..... india prior to the constitution, notwithstanding that they trace their origin to either indian legislatures constituted under british enactments or ..... india into two dominions.63. even after 15th august, 1947, paliament can make laws which would in england have effect with reference to indian matters. they would be laws operating otherwise ihan as part of the law of india. illustrations of this are : the citizenship act, 1949, in its impact on indians; the india and burma consequential provisions act, 1949.64. then when the constitution .....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!
Court : Allahabad
Decided on : Jan-01-1960
Reported in : AIR1960All672
..... as administrative units and to alter their boundaries, change their nasties and create new units. article 5 enjoins, in effect, that there shall be only one citizenship and every citizen shall be a citizen of india owing allegiance to the republic and not to any local unit.in the legislative sphere, article 249 authorises parliament in the national interest to make laws ..... appears to have been assumed that the postage fee paid on a v.p. article is consideration for the promise of the post office. it was not considered whether postage constitutes consideration in the case of every postal article, insured or uninsured, registered or unregistered. with deep respect, this judgment is based on assumptions which were not disputed and throws no ..... postmaster-general or under rules and regulations issued by him, and payment for a lost money order can only be secured by proof satisfactory to him.' (299) 'congress has full constitutional powers to reserve to the postal department a monopoly of the business of receiving, transmitting, and delivering mails, and by statutes the monopoly of carrying the mails is secured to ..... engaged in discharging a governmental function. however, the power of congress over the mails is not absolute. it must be considered in the light of definite prohibitions in the federal constitution and is subject to the limitations imposed by the bill of rights.' (252) 'postage is the fee charged by law for carrying letters, packets and documents by the public mails .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-14-1960
Reported in : AIR1960SC845; 3SCR250
..... inviolable and sacred. the very first sentence in the preamble which declares that 'we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic', says mr. chatterjee, irrevocably postulates that india geographically and territorially must always continue to be democratic and republican. the other ground on which this contention is raised is founded on art. 1(3)(c) of ..... on a fair and reasonable construction of art. 3 and its validity cannot be impaired by what the learned attorney-general has described as the special features of the federal constitution of india. 48. in this connection the learned attorney-general has drawn our attention to the provisions of act xlvii of 1951 by which the boundaries of the state of assam ..... passed through three readings and as finalised it was signed by the president of the assembly and declared as passed on november 26, 1949. on that date it became the constitution of india; but, as provided by art. 394, only specified articles came into force as from that date and the remaining provisions as from january 26, 1950, which day is referred ..... guarantee about their territorial integrity. 36. part i of the constitution deals with the union and its territories, and in a sense its provisions set out a self-contained code in respect of the said topic. just as part ii deals with the topic of citizenship, part i deals with the territory of india. art. 1 deals with the name and territory of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-14-1960
..... 1 ] the complaint stated that petitioner had falsely denied membership in the communist party and that, by virtue of that membership, he lacked the requisite attachment to the constitution, etc., and the intent to renounce foreign allegiance. it also alleged that petitioner had procured his naturalization by concealing and misrepresenting a record of arrests. the district court cancelled ..... fact and a willful misrepresentation which foreclosed the immigration and naturalization service and the district court from making a further investigation as to whether he had all the qualifications for citizenship. . . ." these findings, as such, are not disputed. it is nowhere suggested, for example, that the petitioner's falsehoods were the result of inadvertence or forgetfulness -- ..... order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. . . ." [ footnote 2 ] section 4 ..... arrests in these cases were not reflections on the character of the man seeking citizenship. the statute in force at the time of his naturalization required that "he has behaved as a person of good moral character, attached to the principles of the constitution of the united states, and well disposed to the good order and happiness of .....Tag this Judgment!