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 : Allahabad
Decided on : Mar-28-1960
Reported in : AIR1961All137
..... the aforesaid rules, hereby determinethat the said sri fasiuddin and his wife smt. tahira khatoon have voluntarily acquired the citizenship of pakistan. sd./- fateh singh deputy secretary to government of india'. a copy of the judgment of the learned munsif decreeing the petitioners' suit as also of the learned civil judge dismissing the appeal filed ..... firstly, that the petitioners are pakistani nationals, having migrated there in 1948 and, secondly, that the government of india had issued orders under section 9(2) of the citizenship act declaring on 11-4-57 that the petitioners have voluntarily acquired citizenship of pakistan. the said order runs as follows :-'whereas it has come to the notice of the central government ..... r/o mohalla jhandakalan, shahjehanpur and his wife smt. tahira khatoon have claimed) indian citizenship, notwithstanding their having obtained pakistani passports and short term visas, for their entry into india from pakistan; now,, therefore the central government acting under 'section 9(2) of the citizenship rules, 1956 and giving due regard to the principles of evidence contained in schedule to ..... are being opposed on behalf of the respondents is that the order of the government of india supersedes the decree of the civil court and is conclusive to show that the petitioners are not indian nationals.4. it has been contended that the indian citizenship act (hereinafter called the act) is a complete code in itself which governs and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-21-1960
..... accordingly, the court concluded that the government had failed to prove nowak's "state of mind," 356 u.s. at 356 u. s. 666 , his lack of "attachment" to constitutional principles, by the clear, unequivocal, and convincing evidence which is required. cf. schneiderman v. united states, 320 u. s. 118 . maisenberg was different in that the ultimate issue involved ..... that nowak had illegally procured his citizenship because, during the five years preceding his naturalization, he had not been "attached" to ..... constitutional principles, the government page 364 u. s. 435 undertook to prove that he had been a member of the communist ..... of 1906. that statute did not specifically prohibit citizenship to a member of an organization which advocated overthrow of the government by force and violence. it did require an alien to have been "attached to the principles of the constitution of the united states" for at least five years preceding his application for citizenship. [ footnote 10 ] in order to show .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-19-1960
Reported in : AIR1961Cal408
..... three and set out in paragraph 17 of the petition. his main and only ground really is that he is a citizen of india under article 5 of the constitution. that is the very basis arid foundation of his application. it is only a citizen whose fundamental right to reside and settle ..... in any part of the territory of india is guaranteed by article 19(1)(c) of the constitution. two other grounds are that the order is mala fide and arbitrary. these two latter questions will not arise if ..... before he gets himself enlisted as voter in 1959. while that was pending the petitioner tried to make an application for naturalisation under section 6 of the citizenship act on the 12th november, 1958. the entry, therefore, as a voter does not establish his domicile. in any event, that was taking place ..... from the facts as stated above that on the 26th january, 1950 the petitioner was describing himself as an afgan national. just immediately before the constitution he was registered as a foreignerunder residential permit and a visa granted by the government of west bengal and was under the protection of the ..... 25th january, 1951 upto 24th january, 1952. these dates between 1948 and 1952 show that immediately before, at and immediately after the commencement of the constitution the petitioner regarded himself as an afgan national. these dates are crucial, as i shall presently show.5. the grounds on which the petitioner seeks .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-08-1960
Reported in : AIR1961AP105; 1961CriLJ356
..... to prohibit an advocate from appearing for the opposite party.9. shri rama rao further contends that inasmuch as the accused cannot be denied under article 22(1) of the constitution of india 'the right to consult and to be defended by a legal practitioner of his choice' any order prohibiting him to appear for the accused would contravene a ..... court consisting of rajamannar, c. j. and venkatarama aiyar, j., observed that the right to plead and act on behalf of suitors in court is not a right flowing from citizenship.....it is not only a citizen who is entitled to be enrolled as an advocate of this court. even a foreigner, if he fulfils the prescribed qualifications and requirements can ..... constitutional guarantee conferred on an accused. this argument overlooks the fact that what is guaranteed is a legal practitioner of his choice who is not otherwise barred or disabled from appearing .....Tag this Judgment!
Court : Chennai
Decided on : Jan-21-1960
Reported in : (1961)IILLJ213Mad
..... in regard to them, and that, therefore, the same standard of protection that the american law gave to the preferred freedoms, e.g., religious freedom, should be accorded in india to all the constitutionally guaranteed freedoms. it was, therefore, urged that the principle of, the decision in murdoch v. pennsylvania 87 l.ed. 1292 (supra) should be adopted when a statute, ..... definition 1 a reasonable. that the question has to be considered on the basis of the historical and other background of the legislation is settled by the authorities. in rottschaeferon constitutional law, at p. 459, it is observed-- the reasonableness of the legislature's action, however, cannot ordinarily be determined without considering the factual situation existing when the legislation ..... the prior statutes above enumerated. it deals in terms only with ownership. it plainly forbids the exercise of an ordinary property right and, on its face, denies what the constitution guarantees. a state cannot, under the guise of protecting the public, arbitrarily interfere with private business of prohibit lawful occupations or impose unreasonable and unnecessary restrictions upon them.... in ..... in the legislature the impugned statute, but not as evidence of facts they found. in pillai v. mudanayake 1953 a.c. 514 on the question of the validity of the citizenship act, 1948, of ceylon, the judicial committee observed at p. 528:it was common ground between the parties, and is in their lordships' opinion the correct view, that .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-14-1960
Reported in : AIR1961All115; 1961CriLJ210
..... affairs notification no. 9/9/46-1-political (ew) dated february 10, 1948, as continued in force by article 372(i) read with article 366(10) of the constitution of india, the governor of uttar pradesh is pleased to appiont the following as the civil authority for the areas noted against each: 1. districtsuperintendent of police:- for respective districts.2.superintendents ..... part, i, section 1, at page 230, which provided:'in exercise of the powers conferred by sub-section (1) of section 124 of the government of india act 1935 as adapted by the india (provisional constitution) order, 1947, the governor-general is pleased to entrust to the provincial governments, with their consent, the functions of the central government under the foreigners act, ..... contrary, the respondent obtained a passport from the pakistan authorities by declaring himself as a pakistan national and even after he had entered india he described himself as a pakistan national and applied for being granted indian citizenship. reference must in this connection be made to section 9 of the foreigners act, 1946 which provides:'if in any case not ..... british subject shall thereupon be deemed to be a foreigner.'by amending act 38 of 1947 the word 'britishindia' in clause (ii) of the definition was substitutedby the word 'india'. by the adaptation of lawsorder, 1950 two changes were introduced. thethird and the fourth clauses were deleted alongwith the proviso. in addition a new third clausewas introduced which provided: .....Tag this Judgment!
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 : 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!