Court : Supreme Court of India
Decided on : Mar-02-1966
Reported in : AIR1966SC1614; 1966CriLJ1217; 3SCR706
..... refer art. 9 to correct the slip which has occurred in abdul sattar's case : air1965sc810 . cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955. 16. coming now to the facts of the present case it is obvious that aboobacker went voluntarily to the territory ..... word 'migrated' in art. 7 and therefore by virtue of that article he will be deemed not to be a citizen of india on the date of the commencement of the constitution. thereafter he has not acquired the citizenship of india and he should therefore be held to be a foreigner; and if that is so, it is not disputed that the order passed ..... , j. 18. i agree that aboobacker, on whose behalf this appeal has been filed cannot be said to have acquired the citizenship of india under the constitution, but as i construe that the word 'migrate' in arts. 6 and 7 of the constitution differently i wish to record my reasons separately. the facts have been stated already and i need not repeat them at ..... art. 6, if he has after the specified date migrated from the territory of india to the territory of pakistan. article 6 deals with migration into india which confers citizenship and art. 7 deals with migration from india which deals a person from claiming citizenship of india at the commencement of the constitution. the expression 'migrated' cannot have different meanings in the two articles. 38. the word .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-29-1966
Reported in : AIR1966MP346
..... such question have due regard to the rules of evidence specified in schedule iii.' 'schedule iii, 1. where it appears to the central government that a citizen of india has voluntarily acquired the citizenship of any other country, it may require him to prove within such period as may be fixed by it in this behalf, that he has not voluntarily acquired ..... against the petitioners any action grounded upon those orders. 2. the material facts in so far as they are not disputed are these. when the constitution came into force, the petitioners were indian citizens living in india with their children. in the year 1954, the petitioner 2 and her children went to pakistan. in february of the following year, the petitioner 1 ..... of natural justice. one of the essential elements of natural justice is the right of being heard or audi alteram partem, some of the principles, which have been stated to constitute elements of natural justice, are merely extensions or refinements of this principle and, so far as this case is concerned, we may mention only two of them: (i) every person ..... . this petition under article 226 of the constitution is directed against two separate orders dated 29th august 1964 whereby the central government, acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules, 1956, determined that nasiruddin (petitioner 1) and his wife smt. hasinabi (petitioner 2) had voluntarily acquired the citizenship of pakistan after 26th january 1950 and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-28-1966
Reported in : AIR1966SC1436; 3SCR441
..... his domicile in the territory of india and had been ordinarily resident therefore not less than five years immediately preceding the commencement of the ..... a foreigner and not a citizen of india. this suit was dismissed by the city civil court and an appeal by the appellant to the high court at bombay also failed. he has now appealed to this court with special leave. 2. the appellant bases his claim to citizenship of india on art. 5 of the constitution. under that article every person who had ..... be a national of one country and have his domicile in another country. here however the question of domicile arises because on the basis of it the appellant claims citizenship of india. we are not aware that it is possible to be a citizen of india and a national of another country. the decision of this court in the state trading corporation of ..... constitution was declared to be a citizen of india. article 5 of the constitution came into force on november 21, 1949. it is not in dispute that the appellant had been ordinarily resident in the territory of india for over five years before november 21, 1949. the only question in this .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-05-1966
Reported in : AIR1967All565
..... only remedy could have been to obtain a permit for resettlement in india as contemplated by the proviso to article 7 of the constitution of india, or in the alternative to apply for registration under section 5 of the indian citizenship act. if he has already made these attempts and failed as alleged ..... admissions of fact, cannot be believed on his sole testimony when he comes forward with the case that he was domiciled in india at the commencement of the constitution of india. this had to be proved by the plaintiff after the admissions made by him. the meagreness of the plaint and of ..... pakistan on a temporary visit, were correct. 6. as regards the meaning of the term 'migration', as used in articles 6 and 7 of the constitution of india, it has now been held in kulathil mammu's case, criminal appeal no. 24 of 1965. d/- 2-3-1966=(reported in : 1966crilj1217 ..... also stated that he had applied to the indian high commissioner in pakistan for registration as an indian citizen, after the commencement of the constitution of india in 1950, but had received no reply then the plaintiff stated that he continued his efforts to secure his return to this country. but ..... , he cannot get relief by means of a suit for an injunction against the defendants on the higher footing that he was a citizen of india and domiciled in india .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-04-1966
Reported in : AIR1967Cal216,71CWN82
..... home, without payment of compensation, as required by article 31(2) of the constitution. it was alleged in the petition (paras 28, 29) that the respondents (the ..... the same union, have now brought another petition under article 226 of the constitution on the 11th june, 1966, challenging the validity of the proposed demarcation as unconstitutional on the grounds, inter alia, that they would be deprived of their right of citizenship which they have acquired under the constitution of india and they would be deprived of their property, comprising their hearth and ..... may not be possible even for the government of india to move against pakistan on an international level on the basis of the treaty of cession, because that treaty, as embodied in the constitution ninth amendment act, is conspicuous by its silence as to any safeguard to protect the petitioners either as to their citizenship or rights of property. 44. it is true ..... ground iv, relating to citizenship, will be stated hereafter. 13. it. before i proceed to give the reasons why i would issue a rule in respect of ground iii relating to the alleged infringement of article 31(2) of the constitution, i should dispose of some preliminary objections which have been raised on behalf of the union of india : 14. firstly, it .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-01-1966
Reported in : 1967CriLJ1223
..... . 35, ''citizenship and naturalisation' is the subject allotted to the ministry of home affairs. it has ..... been further averred that rule 3 of the government of india (transaction of business) rules, 1961, framed by ..... petitioner has acquired the citizenship of pakistan. it may, however, be mentioned here that from the averments made in the affidavit of sri fateh singh, joint secretary to the government of india, ministry of home affairs, it appears that the president of india has framed the government of india (allocation of business) rules, 1961, under article 77(3) of the constitution and by item no .....Tag this Judgment!
Court : Delhi
Decided on : Dec-23-1966
Reported in : AIR1967Delhi1
..... (1905) 2 kb 730 and reference has also been made to the form of a passport in this country and to basu's commentary on the constitution of india, 4th edition, vol. v. p. 371. the decision was affirmed on letters patent appeal and the appellate bench, in addition to the decisions ..... of going out of the country for a travel abroad and of returning back could nto have been denied to the citizens of india by the framers of our constitution. the submission appears prima facie to be somewhat attractive to a democratic mind but on the plain reading of art. 21 ..... , is a political document by which the bearer is recognised in foreign countries as a citizen of the country which issued the passport. the citizenship or allegiance of the bearer is certified and the foreign powers are requested that the bearer may be allowed to pass freely and safely. no ..... passport is concerned, the decision in (1958) 2 law ed. (2d) 1204, it is ntoeworthy, described a passport as an aid in establishing citizenship for purposes of re-entry into the country; of course according to this decision, the crucial function of the issuance of a passport in the united ..... india. this according to the submission, is suggestive of restrictive intendment. our attention has also been drawn to the characteristics of a passport as stated in 40 american jurisprudence p 523, where a passport is described to be a formal document issued by a competent officer of a sovereign state to a citizen subject of the state certifying his citizenship .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-07-1966
Reported in : AIR1967P& H339
..... in schedule iii to the central rules run as below:--'schedule iii(see rule 30 (2))1. where it appears to the central government that a citizen of india has voluntarily acquired the citizenship of any other country ft may require him to prove within such period as may be fixed by it in this behalf, that he has not voluntarily acquired ..... taken up permanent residence in that country; and(c) any ether circumstances relevant to the purpose.5. notwithstanding anything contained in paragraph 4, a citizen of india shall be deemed to have voluntarily acquired the citizenship of pakistan:--(a) if he has migrated to pakistan with the intention of making it his permanent home or(b) if he has obtained any certificate ..... date a passport from the government of any other country shall be conclusive proof of his having voluntarily acquired file citizenship of the country before that date.4. in determining whether a citizen of india has or has not voluntarily acquired tike citizenship of any other country, the central government may take the following circumstances into consideration, namely:(a) whether the person has ..... the central government that shri mohd. ibra-him son of late shri elahi bux, by caste musalman, resident of lachhmangarh distt. sikar (rajasthan) has claimed indian citizenship notwithstanding his having obtained a pakistan passport and a short term visa for entry into india from pakistan, and whereas a question has arisen as to whether the said shri mohd. ibrahim has acquired the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-28-1966
..... ingress and regress to the privileges and immunities clause of the articles of confederation, it has long been declared that the right is a privilege and immunity of national citizenship under the constitution. in the influential opinion of mr. justice washington on circuit, corfield v. coryell, 4 wash.c.c. 371 (1825), the court addressed itself to the question -- "what are ..... was argued straightforwardly in terms of whether the right to free ingress and page 383 u. s. 767 egress, admitted by both parties to be a right of national citizenship, was constitutionally guaranteed against private conspiracies. the brief for the defendants in error, whose counsel was charles evans hughes, later chief justice of the united states, gives as one of its ..... main points: "so far as there is a right pertaining to federal citizenship to have free ingress or egress with respect to the several states, the right is essentially one of ..... means which are appropriate, which are plainly adapted to that end, page 383 u. s. 784 which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." it seems to me that this is also the standard that defines the scope of congressional authority under 5 of the fourteenth amendment. indeed, south carolina v. katzenbach approvingly .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-28-1966
..... color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any state . . . to the deprivation of any rights, privileges, or immunities secured or protected by the constitution or laws of the united states. . . ." the indictment in no. 60 contains four counts, each of which names as defendants the three officials and 15 nonofficial persons. the first count ..... hope that the senate will not hesitate in doing so." "mr. president, the liberty of a citizen of the united states, the prerogatives, the rights, and the immunities of american citizenship, should not be and cannot be safely left to the mere caprice of states either in the passage of laws or in the withholding of that protection which any emergency ..... delegated powers in express terms; but to go into the states for the purpose of securing and protecting the liberty of the citizen and the rights and immunities of american citizenship is in accordance with the spirit and whole object of the formation of the union and the national government." "there are, mr. president, various ways in which the right ..... to a narrow and relatively unimportant category of rights. [ footnote 18 ] we cannot doubt that the purpose and effect of 241 was to reach assaults upon rights under the entire constitution, including the thirteenth, fourteenth and fifteenth amendments, and not merely under part of it. this is fully attested by the only statement explanatory of 241 in the recorded congressional proceedings .....Tag this Judgment!