Court : Supreme Court of India
Decided on : Mar-13-1969
Reported in : AIR1969SC1234; (1969)1SCC771; 3SCR1006
..... of the constitution a person had voluntarily acquired the citizenship of any foreign state he was not entitled to claim the citizenship of india by virtue of articles 5 and 6 or 8. this article thus deals with cases ..... the commencement of the constitution (vide izhar ahmed khan v. union of india  supp.235 s.c.r.244 article 11, however, makes it clear that parliament has the power to make ..... where the citizenship of a foreign state had been acquired by an indian citizen prior to ..... be done.5. it must be remembered that article 9 of the constitution 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. this means that if prior to the commencement .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-1969
Reported in : AIR1970Delhi76
..... to the period subsequent to the commencement of the constitution. section 9 provides that the acquisition of foreign citizenship can be the result either of naturalisation or registration or any other method of voluntarily acquiring such citizenship. just as the citizenship of india can be acquired by naturalisation, or registration, so can the citizenship of a foreign country be similarly acquired by naturalisation ..... the citizenship rules was challenged, but without success. after reproducing section 9 of the citizenship act, it was thus observed by gajendragadkar, j., (as he ..... of the act and the rules contemplates dual citizenship.5. on behalf of the respondents, shri s.s. chadha has relied on the decision of the supreme court in izhar ahmad khan v. union of india : air1962sc1052 . before the supreme court in this case, the constitutional validity of section 9(2) of the citizenship act and of rule 3 sch. iii of ..... in regard to the acquisition of indian citizenship and also the fact that the petitioner visited india on several occasions, have been described to visit india on the strength of a valid passport. the petitioner being a foreigner according to the reply, the fundamental rights guaranteed to citizens under art. 19 of the constitution are stated not to be available to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-26-1969
Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; 1SCR87
..... goa was included in union territories and a reference to goa was inserted in article 240 of the constitution. many acts in force in india were then extended to goa and many regulations and orders were promulgated. among the acts so extended were the citizenship act of 1955, the foreigners act 1946 and the registration of foreigners act, 1939. the central government also ..... a late stage was not possible. he relies upon article 77 and says that 'liberated' means when the occupation comes to an end. the amendment of the constitution only legalises annexation so far as india is concerned but in international law the territory remains occupied. the occupation is not at an end and it cannot be brought about unilaterally. the words of ..... birth enjoy.the geneva conventions ceased to apply after december 20, 1961. the indian government offered rev. father monteiro indian nationality and citizenship which he refused and retained his portuguese nationality. as a portuguese national he could only stay in india on taking out a permit. he was, therefore, rightly prosecuted under the law applicable to him. since no complaint is made ..... of stay expired and he did not ask for its extension or renewal. he was ordered to leave india by the lt. governor of goa. the lt. governor is empowered by a notification of the president of india issued under article 239 of the constitution to discharge the functions of the central government and his order has the same force and validity as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-02-1969
Reported in : AIR1970SC259; 1970(0)BLJR241; (1969)1SCC863; 1SCR172
..... the persons who took part in establishing the school in 1854 were 'indian citizens'. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority community. it is true that the minority competent to ..... with power to frame rules. section 8(1) provides :the state government may, after previous publication and subject to the provisions of articles 29, 30 and 337 of the constitution of india, make rules not inconsistent with this act for carrying out the purposes of this act.in 1964 rules were framed under the act by the state government of bihar. rule ..... be proved to have been established by persons who would, if the institution had been set up after the constitution, have claimed indian citizenship, is to whittle down the protection of article 30 in a manner not warranted by the provisions of the constitution.21. the order passed by the educational authorities requiring the secretary of the church missionary society higher secondary school ..... school started in the year 1854 was started by the church missionary society, london, and such a society cannot be said to be a citizen of india and that in any event the persons who constituted the society were aliens and on that account it cannot be said that the church missionary society higher secondary school is an educational institution established by .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-03-1969
Reported in : AIR1970AP236
..... dealing with the exceptions contained in those clauses. surely this is a matter of some significance. it solemnly emphasises the great importance given by the constitution to the common citizenship concept and effectively prevents state legislature and state governments from making laws prescribing requirements as to residence within their states as qualification for appointment in those ..... , or which we propose to establish by this constitution. therefore in my judgment, the argument that residence should not be a qualification to hold appointments under the state is ..... india, irrespective of the local jurisdiction of the provinces and the indian states, it is only a concomitant thing that residence should not be required for holding a particular post in a particular state because, in so far as you make residence a qualification, you are really subtracting from the value of a common citizenship which we have established by the constitution ..... india, irrespectivce of the local jurisdiction of the provinces and the indian states, it is only a concomitant thing that residence should not be required for holding a particular pose in a particular state because, in so far as you make residence a qualificiation, you are really subtracting from the value of a common citizenship which we have established by this constitution .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-16-1969
..... the equal protection clause, or for making an unpopular speech protected by the first amendment. . . . [e]xclusion of the member-elect on grounds other than age, citizenship, or inhabitancy could raise an equally serious constitutional issue." h.r.rep. no. 27, 90th cong., 1st sess., 30 (1967). see also 113 cong.rec. 4994. [ footnote 2/5 ] case of victor ..... suit in federal district court, claiming that the house could exclude him only if it found he failed to meet the standing requirements of age, citizenship, and residence contained in art. i, 2, of the constitution -- requirements the house specifically found powell met -- and thus had excluded him unconstitutionally. the district court dismissed petitioners' complaint "for want of ..... emmanuel celler, chairman of the house select committee which inquired into the qualifications of adam clayton powell, jr., and which recommended seating him: "the constitution lays down three qualifications for one to enter congress -- age, inhabitancy, citizenship. mr. powell satisfies all three. the house cannot add to these qualifications." 113 cong.rec. 4998. [ footnote 2/3 ] baker v. ..... that the resolution barring his seating violated art. i, 2, cl. 1, of the constitution as contrary to the mandate that house members be elected by the people of each state, and cl. 2, which sets forth the qualifications for membership of age, citizenship, and residence (all concededly met by powell), which they claimed were exclusive. the complaint alleged .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-1969
Reported in : 5(1969)DLT671
..... indifference in this respect may only tend to foster bitterness between landlords and tenants and such hostile attitude between them is likely to have serious adverse impact on their good citizenship. (2) turning to the facts of this case, the present application for eviction on the ground of bona fide personal requirement for residence of the landlord-owner and of his ..... ration and wastage of time to which they must find themselves to be subjected. in a welfare state like ours, where the fundamental right to property is guaranteed by the constitution, and where, inter alia, making provision for adequate means of livelihood and decent standard of living are the fundamental principles laid by the ..... had also been held that one of the petitioner's sons who was studying in england, was nto dependent on him. that son had since returned to india, but the fact of his return to india was nto considered in detail. (4) on appeal, the learned tribunal, before dealing with merits. observed in the impugned order that since apart from the ejectment ..... constitution in the governance of the country, one can legitimately look up to the authorities concerned to see that reasonably adequate provisions for decent residential accommodation for the citizens is provided, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-21-1969
..... , j.). however, even under this rationale, the clause would appear to oppose no obstacle to congressional delineation of the rights of national citizenship, insofar as congress may do so without infringing other provisions of the constitution. mr. justice jackson explicitly recognized in edwards that: "the right of the citizen to migrate from state to state . . . ..... on travel insubstantial, i conclude that residence requirements can be imposed by congress as an exercise of its power to control interstate commerce consistent with the constitutionally guaranteed right to travel. without an attempt to determine whether any of congress' enumerated powers would sustain residence requirements, the court holds that congressionally imposed ..... . under this standard, the waiting period requirement clearly violates the equal protection clause. [ footnote 21 ] v connecticut and pennsylvania argue, however, that the constitutional challenge to the waiting period requirements must fail because congress expressly approved the imposition of the requirement by the states as part of the jointly funded afdc program ..... 11 ] in sum, neither deterrence of indigents from migrating to the state nor limitation of welfare benefits to those regarded as contributing to the state is a constitutionally permissible state objective. iv appellants next advance as justification certain administrative and related governmental objectives allegedly served by the waiting period requirement. [ footnote 12 ] they argue .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-31-1969
..... brought suit in any state court of competent jurisdiction, or, if there was a sufficient jurisdictional amount and the requisite diversity of citizenship existed or the case arose under the constitution, laws, or treaties of the united states, he could have brought suit in the circuit court of the united states. act ..... s. 484 to the southern car & foundry company, which was a citizen of the state of new jersey. the amount involved and the diverse citizenship of the parties were such that the car company might have sued the defendant, a citizen of the state of alabama, in the circuit court of ..... bankruptcy had not been instituted. that is, while the jurisdiction of the courts was not to be extended because of the bankruptcy proceedings or the citizenship of the trustee, it was preserved to the trustee, in the jurisdiction where the bankrupt might have brought or prosecuted the suit but for the ..... the act of 1898, that right is preserved to the trustee, and the citizenship of the latter is wholly immaterial to the jurisdiction of the court in such a case. the facts are stated in the opinion. mr. justice ..... error to the circuit court of the united states for the northern district of alabama syllabus where, by reason of the amount involved and the diverse citizenship existing, the bankrupt might have sued the defendant in the circuit court of the united states, independently of the bankruptcy proceedings, under 23 of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-25-1969
..... at 394 u. s. 341 . however, in at least one vitally important type of federal question case -- an action alleging that governmental action, state or federal, violates constitutional limits -- the task of demonstrating the existence of federal jurisdiction would in many instances be significantly complicated if 28 u.s.c. 1331 were not available. there are, to ..... the first judiciary act, congress has included in certain grants of jurisdiction to the federal courts -- notably the grants of jurisdiction based on diversity of page 394 u. s. 347 citizenship, [ footnote 2/6 ] and the later-established grant of a general jurisdiction to consider cases raising federal questions [ footnote 2/7 ] -- a requirement that the "matter in ..... while the class action device serves a useful function across the entire range of legal questions, the jurisdictional amount requirement applies almost exclusively to controversies based upon diversity of citizenship. a large part of those matters involving federal questions can be brought, by way of class actions or otherwise, without regard to the amount in controversy. suits involving ..... the united states district court for the district of kansas against the gas service company, a corporation marketing natural gas in kansas. jurisdiction was predicated upon diversity of citizenship. the complaint alleged that the gas service company had billed and illegally collected a city franchise tax from coburn and others living outside city limits. coburn alleged damages .....Tag this Judgment!