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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1964 Page 2 of about 27 results (0.045 seconds)

Mar 24 1964 (SC)

ibrahim Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Mar-24-1964

Reported in : AIR1965SC618; 1965CriLJ506; [1964]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 .....

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Apr 24 1964 (HC)

Abdul Halim Mia Vs. the Sub-divisional Officer and ors.

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 .....

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Mar 30 1964 (FN)

Van Dusen Vs. Barrack

Court : US Supreme Court

Decided on : Mar-30-1964

..... ." they were not and are not qualified to bring these or related actions in massachusetts, and their lack of capacity would, under massachusetts law, constitute "an absolute defense." the plaintiffs contend that hoffman v. blaski established that transfer must be denied unless, at the time the action was brought, ..... transferor state which would significantly affect the outcome of the case. [ footnote 41 ] we do not suggest that the application of transferor state law is free from constitutional limitations. see, e.g., watson v. employers liability assurance corp., ltd., 348 u. s. 66 ; hughes v. fetter, 341 u. s. 609 ; ..... doctrine] may produce between federal courts in different states is attributable to our federal system, which leaves to a state, within the limits permitted by the constitution, the right to pursue local policies diverging from those of its neighbors." see note 36 supra. [ footnote 39 ] see cases cited notes 26-27 ..... guaranty trust co. v. york, 326 u. s. 99 , 326 u. s. 108 ("a federal court adjudicating a state-created right solely because of the diversity of citizenship of the parties is for that purpose, in effect, only another court of the state. . . ."). [ footnote 38 ] in klaxon co. v. stentor elec. mfg. ..... ," klaxon co. v. stentor elec. mfg. co., inc., 313 u. s. 487 , 313 u. s. 496 , and declaring that federal courts in diversity of citizenship cases are to apply the laws "of the states in which they sit," griffin v. mccoach, 313 u. s. 498 , 313 u. s. 503 . [ footnote .....

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Feb 17 1964 (SC)

Abdul Sattar Haji Ibrahim Patel Vs. State of Gujarat

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, : [1961]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 .....

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Jun 26 1964 (HC)

Parwatawwa Vs. Channawwa

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 .....

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Jun 15 1964 (FN)

Reynolds Vs. Sims

Court : US Supreme Court

Decided on : Jun-15-1964

..... honest elections are the very foundation of our republican form of government. . . . discrimination against any group or class of citizens in the exercise of these constitutionally protected rights of citizenship deprives the electoral process of integrity. . . ." "none would deny that a state law giving some citizens twice the vote of other citizens in either ..... were unconstitutional; an injunction against future elections pending reapportionment in accordance with the state constitution; or, absent such reapportionment, a mandatory injunction requiring holding the 1962 election for legislators at large over the entire state. the complaint alleged serious ..... that malapportionment of the alabama legislature deprived them and others similarly situated of rights under the equal protection clause of the fourteenth amendment and the alabama constitution, voters in several alabama counties brought suit against various officials having state election duties. complainants sought a declaration that the existing state legislative apportionment provisions ..... the primary or general election would lack that equality which the fourteenth amendment guarantees. . . . the theme of the constitution is equality among citizens in the .....

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Feb 25 1964 (SC)

Tata Engineering and Locomotive Co. Ltd. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Feb-25-1964

Reported in : AIR1965SC40; [1964]34CompCas458(SC); [1964]6SCR885

..... it would not be difficult for it to adopt a proper measure in that behalf by enlarging the definition of 'citizen' prescribed by the citizenship act passed by parliament by virtue of the powers conferred on it by articles 10 and 11. on the other hand, the fact that ..... that those decisions 'fall under the category in which an executive authority acts without authority of law, or a quasi-judicial authority acts in transgression of a constitutional prohibition and without jurisdiction' : [1963]2scr1 . these decisions are thakur amar singhji v. state of rajasthan (1955) 8 s.c.r. 303; ..... argument that where an erroneous decision of a sales-tax officer results in the violation of a constitutional prohibition or limitation, different considerations would arise and an aggrieved citizen would be entitled to move this court under art. 32, mr. palkhivala has ..... strenuously urged that the decision in ujjam bai rested on the basis that the misinterpretation of the notification did not involve the violation of any constitutional limitations or prohibitions and he has referred us to some passages in the judgments of das, kapur and mudholkar jj. in support of his ..... commerce and industry, government of india; one of these secretaries has joined the petitions. it may incidentally be stated as this stage that these writ petitions were heard by a special bench of this court on the 26th july, 1963 in order to determine the constitutional question as to whether the .....

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Jan 30 1964 (SC)

State of Gujarat Vs. Vora Fiddali BadruddIn Mithibarwala

Court : Supreme Court of India

Decided on : Jan-30-1964

Reported in : AIR1964SC1043; [1964]6SCR461

..... for its rejection. it is undoubted that the british doctrine was part of the jurisprudence and the constitutional practice that prevailed in pre-constitution india. most certainly it does not need to be stated that the british parliament when it enacted the government of india act as the constitutional framework by which this country should be governed, could not have had in contemplation any other ..... jagirdars was not binding upon the successor government. thus being deprived of their right to work the forests the various respondents instituted suits after the coming into force of the constitution of india. their claims were opposed by the state of bombay mainly on the ground that in the absence of recognition, express or implied, by the successor state of rights conferred ..... merger of the indian states in the indian union and the treaties by which that was accomplished were acts of state, still by reason of the manner in which the constitution of india was brought into being and because of the provisions which it contained, in particular those guaranteeing property rights of its citizens, the acquired rights of the inhabitants of the ..... observed: "but however that may be, there is no question of conquest or cession here. the new republic was. born on 26th january, 1950, and all derived their rights of citizenship from the same source, and from the same moment of time; so also, at. the same instant and for the same reason, all territory within its boundaries became the territory .....

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Nov 13 1964 (HC)

Rai Bahadur Seth Sreeram Durgaprasad (P) Ltd., Visakhapatnam Vs. Deput ...

Court : Andhra Pradesh

Decided on : Nov-13-1964

Reported in : AIR1965AP294; 1965CriLJ180

..... detained and subsequently seized under s. 110(3) of the act. examination of those documents indicated that the said durga prasad had resorted to dealings constituting breaches of the customs regulations and the regulations under the foreign exchange regulation act on a large scale. in this context were found entries referring to ..... opinion, this approach is from a wrong perspective. whenever invasion of liberty and freedom is complained, there is an obvious tendency to forget the corresponding obligations of citizenship. there is no such immunity in our indian law from search or seizure ..........................' (49) the learned government pleader concedes that, for purpose of section 105 ..... export of goods of any special description. (2) the purposes referred to in sub-section (1) are the following:- (a) the maintenance of the security of india. (b) the maintenance of public order and standards of decency or morality ......................... (c) the prevention of smuggling ............... (d) the prevention of the contravention of any ..... entitled to make copies thereof or take extracts therefrom in the presence of an officer of customs. section 111. the following goods brought from a place outside india shall be liable to confiscation.................. section 160(1). the enactments specified in this schedule are hereby repealed to the extent mentioned in the fourth column thereof...................................................................................................... .....

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Jun 22 1964 (FN)

Bell Vs. Maryland

Court : US Supreme Court

Decided on : Jun-22-1964

..... of the civil war amendments, page 378 u. s. 301 was obviously designed to overrule dred scott v. sandford, 19 how. 393, and to ensure that the constitutional concept of citizenship with all attendant rights and privileges would henceforth embrace negroes. it follows that negroes, as citizens, necessarily became entitled to share the right, customarily possessed by other citizens, ..... in these times, that right is, indeed, practically indispensable to travel, either interstate or intrastate. v the requirement of equal protection, like the guarantee of privileges and immunities of citizenship, is a constitutional command directed to each state. state judicial action is as clearly "state" action as state administrative action. indeed, we held in shelley v. kraemer, 334 u. s. 1 ..... spoke of the "free air" of american life. the great purpose of the fourteenth amendment is to keep it free and equal. under the constitution, no american can, or should, be denied rights fundamental to freedom and citizenship. i therefore join in reversing these trespass convictions. [ footnote 5/1 ] see generally flack, the adoption of the fourteenth amendment (1908); harris ..... tables reserved for whites. in upholding the plaintiff's claim, the michigan court observed: "the negro is now, by the constitution of the united states, given full citizenship with the white man, and all the rights and privileges of citizenship attend him wherever he goes. whatever right a white man page 378 u. s. 302 has in a public place, .....

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