Court : Allahabad
Decided on : Jul-21-1965
Reported in : AIR1966All127
..... to pakistan is a finding of fact that is binding on this court and cannot be challenged in a writ petition under article 226 of the constitution of india. the argument appears to be obviously misconceived. the principle that a finding of fact cannot be re-opened at the writ stage except under ..... . the matter cannot, therefore, be re-opened in these proceedings without contravening the express provisions of law as contained in section 9(2) of the citizenship act read with rule 30 framed thereunder.5. for the above reasons, i am of opinionthat this writ petition has no force. i, accordingly dismiss it ..... criminal appeal. any finding given by the sessions judge cannot, therefore, be treated binding in these proceedings. moreover, section 9(2) of the indian citizenship act states that the decision on this question is to be given by the central government; hence, in any case the finding that would be binding ..... the 28th december, 1963, and has been filed on behalf of the opposite-party. according to the said order, the petitioner has voluntarily acquired the citizenship of pakistan after the 26th january, 1950, but before the 25th may, 1955.2. the first argument of the learned counsel for the petitioner before me ..... to pakistan. there was a further prayer that in case the central government happened to pass an order under section 9(2) of the indian citizenship act during the pendency of the writ petition, the said order may also be quashed by a writ of certiorari. it appears that during the .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-15-1965
Reported in : AIR1967All154; 1967CriLJ309
..... was born of indian parents in the district of fatehpur and has been living since his birth in this country. he was here on 26th january, 1950, when the constitution of india came into force. the petitioner's father syed siddiq hasan migrated to pakistan in 1948 leaving behind the petitioner who was then a minor and his younger brothers and sisters ..... .' 14. we are, therefore, of opinion that on the facts of the present case it will not be reasonable to hold that although the petitioner was domiciled in india on the date when constitution came into force because he happened to be a minor of about 13 or 14 years on that date his domicile must be linked with that of his ..... minor his domicile is linked with that of his father and therefore he cannot be held to have domiciled in india on the 26th january, 1950, when the constitution came into force and as such cannot be held to be a citizen of india. reliance was placed by the learned counsel on the decisions reported in 1954 all lj 156 : (air 1954 all ..... father who had migrated to pakistan in the year 1948 after deserting hini in india.15. the petitioner was born of indian parents in the territory of india. he had his domicile here and at the commencement of the constitution had been ordinarily a resident in the territory of india for more than five years immediately preceding such commencement. hehas been enrolled as a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-05-1965
Reported in : AIR1965SC1623; 2SCR884
..... born in the territory of india, or who had been ordinarily resident in the territory ..... pursuance of such reference. '3. the fact that a citizen of india has obtained on any date a passport from the government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date.' 9. acquisition of citizenship at the commencement of the constitution was governed by arts. 5, 6 and 7. if, however, a ..... for the appellant in this appeal, certain constitutional and legislative provisions which have a bearing thereon may be set out. part iii of the constitution deals with the topic of citizenship. by art. 5 a person who at the commencement of the constitution had his domicile in the territory of india and who was born in the territory of india, or either of whose parents was ..... of india for not less than five years immediately preceding such .....Tag this Judgment!
Court : Kolkata
Decided on : May-26-1965
Reported in : AIR1967Cal402
..... 14 of the foreigners act. further, in that case, the petitioner was serving the pakistan government at the time our constitution came into force and where the petitioner also applied for his registration as the citizen of india under section 5 of the citizenship act similarly, in golam rasul v. superintendent of police.' : air1965cal302 no proceeding under section 14 of the foreigner's ..... , 1957 only for the purpose of crossing the border. (f) as he has not left india before 26th of january 1950, article 7 of the constitution does not apply to him. article 9 also of the constitution has no application in his case because he has not voluntarily acquired citizenship of any foreign state. (g) in any event, as the question has arisen as ..... not apply in the case of an indian citizen who has migrated or left india after january 26, 1950. it further held that in such a case article 9 of the constitution should be made applicable and, as such, a decision under section 9(2) of the citizenship act is to be made by the central government before the aggrieved person can be ..... v. state of u. p. : air1963all260 , where the learned judge after discussing the scope of ss. 8 and 9 of the citizenship act came to the conclusion that the onus of proving that a citizen of india has lost his citizenship is on the party seeking to deprive him his right of a citizen. he also dealt with the question of migration and .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-01-1965
Reported in : AIR1967AP105; 1967CriLJ423
..... contemplated action of the government of andhra pradesh on the ground that as he was born in india before the commencement of the constitution and since he had left india after the commencement of the constitution, he had not loss his citizenship by virtue of art. 7 of the constitution, and consequently the state government had no right to treat him as a foreigner and order ..... him to leave the country.'if any question arises as to whether, when or how any person has acquired the citizenship of ..... . pursuant to that notice the petitioner sent his representation dated 26-3-1965 setting out his case and claiming that he had not voluntarily acquired the citizenship of pakistan, notwithstanding that he had come over to india on a pakistani passport.(4) the petitioner's further case is that he had received any orders upto the date of the filing of this ..... on to say that in pursuance of the orders of this court in that writ petition, steps were taken by the government of india to decide under section 9(2) of the citizenship act 1955, whether the petitioner has acquired the citizenship of another country or not. the petitioner also had put in a petition dated 22-7-1963 requesting the government of .....Tag this Judgment!
Court : Kolkata
Decided on : May-19-1965
Reported in : AIR1966Cal552,70CWN82
..... - he argued that the said declaration dated january 13, 1950, was made by the appellant for the purpose of his application for acquiring indian citizenship in fulfilment of the conditions prescribed by article 5 of the constitution. the learned advocate general, however, referred to a letter written by the appellant on january 24, 1957, to the deputy commissioner of police, ..... the appellant cannot claim a right of residence on the basis of his alleged domicile when he clearly communicated his intention to give up his claim to indian citizenship and also to leave india immediately.54. mr. roy chowdhury contended that there was no substance in the appellant's contention that he had acquired an indian domicile. there was nothing on ..... not for any other purpose.53. the learned advocate general, further argued that in any event having regard to the withdrawal of the application for citizenship, by the appellant and his decision to leave india immediately as mentioned in the said letter, the appellant's contention that his alleged domicile conferred upon him a right of residence, must fail. this ..... security control office, passport section, calcutta, which is to be found at page 167 of the paper book, and by which the appellant unconditionally withdrew the application for indian citizenship and communicated his decision to leave india .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-11-1965
Reported in : AIR1966P& H417
..... for the enforcement of a fundamental right under article 19 of the constitution. he has placed reliance on a supreme court authority of state trading corporation of india ltd. v. commercial tax officer, air 1963 sc 1811, where it was held that citizenship act includes only natural persons and not juristic persons like corporations and ..... laws envisaged in section 28 of the railways act, it may be mentioned in passing that this provision of law was in force long before the constitution of india was enacted. reference may also be made to sub-clause (v) of clause 742 which says that 'the sale of obscene books and pictures ..... provisions of section 28 of the railways act of 1890 and in violation of the right of equal protection enshrined in article 14 of the constitution of india. it is also the case of the petitioner that the respondent railway board is not competent to declare any publication obscene. to so declare ..... pleaded that the petitioner being a limited company cannot invoke the aid of article 14 of the constitution and further that the petitioner is not competent to bring these proceedings without impleading the union of india against the railway board which is not a legal entity. on merits, it has been contended that ..... .s. dulat, actj. c.j.1. this petition of messrs. observer publications (p) limited, under article 226 of the constitution of india seeks to question the validity of the ban imposed by the respondent, railway board (ministry of railways), on the news-weekly called .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-09-1965
Reported in : AIR1966SC442; 1SCR357
..... basis of the said licences violated his fundamental right guaranteed under art. 19(1)(f) and (g) of the constitution. he also contends that the government of india allowed import of goods by other merchants who were similarly situate and this amounted to discrimination against him which was violative ..... of art. 14 of the constitution. he further contends that the government of india was bound to allow him to make the imports in question inasmuch as the government of india had recognised his right to import under the licences granted to him before ..... .2. the petition has been opposed on behalf of the government of india. it is urged that in view of the emergency, art. 19 has been suspended by virtue of the provisions of art. 358 of the constitution and therefore the petitioner cannot rely on that article. secondly, it is ..... under art. 32 of the constitution is by a former portuguese citizen, who became a citizen of india after the acquisition of the portuguese territories in india by the government of india on december 20, 1961. it may be mentioned that the portuguese territories were acquired by india after military action. the petitioner ..... recognise thecommitments of the former portuguese government or not to do so. in the present case, the new sovereign, namely, the government of india, refused to recognise commitments of the former portuguese government of the nature made by the issue of licences to the petitioner and therefore the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-08-1965
..... section to the county registrar, and, in addition, demonstrate to the registrar "a reasonable understanding page 380 u. s. 133 of the duties and obligations of citizenship under a constitutional form of government." [ footnote 6 ] the complaint charges that these provisions lend themselves to misuse and to discriminatory administration because they leave the registrars completely at large ..... thereof to the county registrar. he shall demonstrate to the county registrar a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government. . . ." [ footnote 7 ] section 241-a of the mississippi constitution provides: "in addition to all other qualifications required of a person to be entitled to register for the purpose of ..... person of good moral character as required by section 241-a of the constitution of mississippi. " page 380 u. s. 142 these "interpretation" and "duties and obligations of citizenship" tests, as has been pointed out, are vitally important elements of the mississippi laws challenged as unconstitutional in this suit ..... of applicants for registration to vote to read and write any section of the constitution of this state and give a reasonable interpretation thereof, and demonstrate to the county registrar a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government; and to demonstrate to the county registrar that applicant is a .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-22-1965
..... a matter for legislative consideration which cannot adequately or appropriately be dealt with by this court, we affirm the decision of the court of appeals. article iii, 2, of the constitution provides: "the judicial power shall extend . . . to controversies . . . between citizens of different states. . . ." congress lost no time in implementing the grant. in 1789, ..... the diversity jurisdiction see generally, moore and weckstein, diversity jurisdiction: past, present, and future, 43 tex.l.rev. 1 (1964); moore and weckstein, corporations and diversity of citizenship jurisdiction: a supreme court fiction revisited, 77 harv.l.rev. 1426 (1964); hart and wechsler, the federal courts and the federal system 891-943 (1953). [ footnote 7 ..... footnote 7 ] in recent years, courts and commentators have reflected dissatisfaction with the rule of chapman v. barney. [ footnote 8 ] the distinction between the "personality" and "citizenship" of corporations and that of labor unions and other unincorporated associations, it is increasingly argued, has become artificial and unreal. the mere fact that a corporation is endowed with a ..... north carolina court against petitioner, an unincorporated labor union. petitioner's principal place of business purportedly is pennsylvania, where, for purposes of diversity jurisdiction, it claimed citizenship, though some of its members reside in north carolina. petitioner removed the case to a federal district court, which refused to remand, finding no proper basis for .....Tag this Judgment!