Court : Allahabad
Decided on : Jul-30-1964
Reported in : AIR1965All191; [1968(16)FLR413]
..... dismissed. 5. on behalf of the detenue it was urged that he was a minor on the date he left india for pakistan and that on 26-1-1950 when the constitution of india came into force he was under a disability and, as such, did not possess the animus required for acquiring domicile ..... of any foreign state. the fact that the petitioner had come out to india on a pakistani passport on which ..... paragraph 9 of the said application it was stated that he had previously moved an application under section 5(1) of the citizenship act for registration as a citizen of india but he had received no intimation of the decision of the government thereon. it appears that by an order dated 31-12-1958 ..... of india on 26-1-1950 when the constitution came into force, he had ceased to be such by reason of the provisions of article 9 of the constitution which provides that no person shall be deemed to be citizen of india by virtue of article 6 and article 8 if he has voluntarily acquired the citizenship ..... the constitution that fall within the scope of article 7'.8. the point as to whether a person has voluntarily acquirerd citizenship of a foreign state after 26-1-1950 is one which falls to be determinedby the central government, under section 9(2) 31' citizenship act. the fact that the petitioner entered india on .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-1964
Reported in : AIR1965Cal1,1965CriLJ22,68CWN1140
..... decision. 7. mr. ali appearing for the appellant contended that since the appellant was born in bir-bhum which is a part of india he was originally an indian citizen at the commencement of the constitution. therefore, whether his citizenship terminated by reason of his taking a pakistani passport is a matter which only the central government can decide. this veiw ignores article ..... applies only in the case of a person who was originally a citizen of india. the constitution of india does not favour plural or dual citizenship. with regard to the period prior to the commencement of the constitution, article 9 of the constitution provides that a person who had voluntarily acquired the citizenship of a foreign country cannot have the status of an indian citizen. with regard ..... under section 5(1)(a) can be made only by a person who is not a citizen of india by virtue of the constitution of india or by virtue of any other provision of the citizenship act and who wishes to register himself as a citizen of india. the question whether the appellant had migrated to pakistan or not is also a question of fact ..... to the period subsequent to the commencement of the constitution, section 9(1) of the citizenship act provides that if an indian citizen acquires foreign citizenship either as a result of naturalization or of registration or of any other method of voluntary acquisition of such citizenship, he ceases to be a citizen of india. it is only in cases where a dispute arises as .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-01-1964
Reported in : AIR1965Cal302,1965CriLJ676,69CWN126
..... the division bench with the foregoing observation, per bachawat, j.14. in my opinion, article 7 of the constitution applies in this case, and the petitioner cannot, therefore, be deemed to be a citizen of india under article 5. section 9(2) of the citizenship act is not also applicable, for the same reason.15. this application must, accordingly, fail. in view of ..... government under section 9(2) of the citizenship act, and that the rejection of his application under section 5(1) by the state government ..... as clause (b) of article 5.6. but, even where article 5 is prima facie attracted, a person cannot be held to have been a citizen of india at the commencement of the constitution in a case where article 7 is applicable. in short, article 5 is subject to and controlled by article 7, and so it has been held by the ..... and this has bean followed by the impugned order to quit india, which was served on the petitioner on 26-8-1962.4. the primary ground upon which the petitioner challenges the impugned order is that he is a citizen of india under article 5 of the constitution and that, accordingly, that citizenship can be terminated only by a determination made by the central .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-05-1964
Reported in : 1966CriLJ210
..... but that is not sufficient to prove citizenship at the date of the prosecution or at the date of the commencement of the constitution of india. article 5 of the constitution reads as follows:at the commencement of this constitution, every person who has his domicile in the territory of india and--(a) who was born in ..... that he was a citizen of india at the time of the prosecution. there cannot be oral evidence on the point of citizenship, although there can be oral evidence as to the ..... satisfied in this case. but the respondent has not proved that he had his domicile in the territory of india at the commencement of the constitution. he relied on an entry in a school register, but this relates to the year 1938, because it is stated in the certificate ..... of the requirements of article 5 of the constitution, namely, that the respondent had his domicile in the territory of india at the commencement of the constitution. the respondent has, therefore, failed to prove that he was a citizen of india at the commencement of the constitution. he has not led any evidence to prove ..... this article, therefore, two things must be proved, namely, that the person has his domicile in the territory of india at the commencement of the constitution, and secondly one of the things referred to in clauses (a) or (b) or (c). the second requirement has been .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-1964
Reported in : AIR1965Cal160
..... opted for pakistan in 1947, and remained there for six years. he came back to india under a pakistani passport he also applied for grant of indian citizenship under section 5(1)(a) of the citizenship act, 1955. that application was dismissed in due course. all these facts show prima facie ..... collectormay submit, and its decision in this behalf is final. section 18 empowers the central government to make rules. rule 9 of the citizenship rules 1956 opens with the note 'collector to make inquiries before registration.' the rule provides that the collector shall before registering a person under ..... officer, katwa, summarily rejected the appellant's application for registration of his name as an indian citizen under section 5(1)(a) of the citizenship act 1955. mr. ali contends that the officer acted illegally and in excess of his jurisdiction in dismissing the application summarily without making an enquiry ..... . 2. now section 5(1)(a) of the citizenship act 1955 read with rule 7 of the citizenship rules 1956 empowers the collector to register as a citizen of india, on application made in this behalf, any person who is ordinarily resident in india and who has been so resident for six months immediately ..... that the appellant is not citizen of india and, is therefore, a foreigner within the meaning of .....Tag this Judgment!
Court : Orissa
Decided on : Nov-30-1964
Reported in : AIR1965Ori145; 1965CriLJ232
..... rules, it would not be open, to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country. a decision by the government of india is a condition precedent in that behalf. in the present case the learned magistrate was justified in his finding that at this stage ..... , that he is an indian citizen. the prosecution has led no evidence to prove that the accused has lost his indian citizenship. he has properties in india and his wife in india. there is no evidence as to when he bad left india. 8. as regards the pakisthani passport, itby itself does not show that he is a pakisthani national. their loraships of the ..... which article 7 of the constitution refers must have taken place between march 1, 1947 and january 26, 1950. article 9 provides that no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article & if he has voluntarily acquired the citizenship of any foreign state. casual ..... the question as to whether the accused was an indian citizen within the meaning of article 5 of the constitution, the onus of proof will have to be placed on the accused to show that he was domiciled in the territory of india on january 25, 1950 and that he satisfied one of the three conditions prescribed by clauses (a), (b) and .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-26-1964
Reported in : AIR1966Kant100; AIR1966Mys100; (1965)1MysLJ577
..... territory of india and-- (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of ..... the then existing multitude of domiciles and so it became impossible for a citizen of india to have any other domicile than the indian domicile. it was said that art. 5 of the constitution which recognizes only the domicile in the territories of india which creates citizenship excludes the concept of a domicile in the various states comprising the union territory. article ..... 5 of the constitution reads:citizenship at the commencement of the constitution--'5. at the commencement of the constitution, every person who has his domicile in the ..... clear that after the emergence of the union under the constitution every person who has a domicile in the territory of india and who falls within one or more of the three clauses to that article acquires the citizenship of india.(13) it is clear that this article mainly concerns itself with citizenship for the acquisition of which a domicile in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-24-1964
Reported in : AIR1965SC618; 1965CriLJ506; 4SCR441
..... was ever an indian citizen. it is only where there is proof that a person is to start with, a citizen of india and it is alleged that he has lost his indian citizenship by reason of acquiring the nationality of a foreign state that they question of invoking the provisions of s. 9(2) of ..... jurisdiction to determine whether the appellant was a 'foreigner' and that their jurisdiction in that regard was barred by the provisions of s. 9(2) of the citizenship act, 1955. this argument proceeds upon a misapprehension of the legal position. in the first place, under s. 9 of the foreigners act the onus is ..... that having been deported once out of india, he again entered india without proper travel documents in violation of the provisions of s. 3(2)(a) of the foreigners act ..... india in april, 1957. on those facts there is no question of s. 9(2) of the citizenship act being invoked or coming into play. the offence charged was ..... the citizenship act arises. that is not the case here. the case of the prosecution was that the appellant was a pakistani national who had come over to india on a valid pakistani passport in 1957 and had been legally deported out of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-17-1964
Reported in : AIR1965SC810; (1964)0GLR446; (1964)GLR439(SC)
..... 26, 1950, fall to be considered under article 9 of the constitution. article 9 provides that no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign state.8. it is necessary to emphasize in ..... relevant rules, it would not be open to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country. a decision by the government of india is a condition precedent in that behalf (vide government of andhra pradesh v. mohd. khan, : air1962sc1778 ).10. there is one more point ..... true legal position in regard to the status of a citizen like the appellant is not in doubt. article 5 of the constitution provides that any person who has his domicile in the territory of india at the commencement of the constitution and who satisfies one of the three conditions specified by clauses (a), (b) and (c) of the said article shall be ..... sain, : 1scr576 ).9. in dealing with the cases falling under article 9 it is necessary to take recourse to the relevant provisions of the citizenship act, 1955, and the rules framed thereunder. in izhar ahmad khan v. union of india, : air1962sc1052 it has been held by this court that rule 3 of schedule iii, framed under section 9(2) of the .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-28-1964
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... by notification in the official gazette direct in respect of each such rating area.(67) no other state, before the people of india gave to themselves this constitution of india, ever conceived the idea of levying a parallel tax on lands and buildings situate within the jurisdiction of municipalities and corporations.(68) ..... the learned advocate-general and his contentions were, that the impugned act falls within entry 49 0f list ii of schedule vii of the constitution of india, and that the basis of levy, is the total floorage area and not the capital or rental value, does not take the tax ..... is arbitrary and has resulted in malapportiontment of the tax burden and therefore, the act violates articles 14 and 19(1)(f) of the constitution of india. (47) grounds i and ii formulated above, cover questions i, ii and vii formulated by my learned brother.(48) the petitions have been ..... is far greater than the rulings of the inter-state commerce commission in united states of america, because the finance commission under our constitution is constituted under the constitution, while the inter-state commerce commission is created by an act of the congress. it must be remembered that the rajya sabha which ..... , whose welfare has been constantly in our minds during the whole course of our discussions, can be trained in those qualities of responsible citizenship which may hereafter entitle them to the full provincial franchise. these are matters upon which indians must form their own conclusions; but we .....Tag this Judgment!