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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1970 Page 1 of about 13 results (0.033 seconds)

Sep 29 1970 (HC)

Mahua Vs. Union of India (Uoi) and anr.

Court : Kolkata

Decided on : Sep-29-1970

Reported in : AIR1971Cal507

..... continues to be an indian citizen. the petitioner was born as an indian citizen and was an indian citizen at the commencement of the constitution of india and continues to be an indian citizen. the indian citizenship of the petitioner was never terminated. the fact that the father of the petitioner obtained a chinese passport in 1952 could not affect the ..... the 26th january, 1950. the petitioner became an indian citizen under article 5(a) and (c) of the constitution of india.4. the petitioner's case is that the petitioner's parents by long residence in india acquired indian citizenship. the said citizenship was never terminated. in any event the petitioner continued to be indian citizen. the petitioner's father settled down at ..... the affidavit-in-opposite filed on behalf of the state of west bengal, it is denied that the parents of the petitioner were domiciled in india or that the petitioner was domiciled in india when the constitution of india came into force. both the father and the mother of the petitioner were chinese nationals. the father held a chinese passport bearing no. 1 ..... , in my opinion do not entitle the applicant for equitable relief of injunction claimed in the instant application. section 9 of the citizenship act provides as follows:--'9. termination of citizenship--(1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, and the commencement of this act voluntarily acquired .....

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Jul 08 1970 (HC)

In Re: Mrs. Aga Begum

Court : Chennai

Decided on : Jul-08-1970

Reported in : (1971)1MLJ18

..... her being an iranian national, that would not certainly have the effect of obliterating her status as a citizen of india under article 5 of the constitution of india. it is not the case of the prosecution that she ever renounced her indian citizenship.12. the learned public prosecutor brought to my notice the true legal position enunciated by the supreme court in paragraph ..... of the constitution. - at the commencement of this constitution, every person who has his domicile in the 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 india; or(c) who has been ordinarily resident in. the territory of india for not less ..... that she was born in india and had never left india and that, therefore, she cannot be called a foreigner. on these facts, proved on behalf of the prosecution and the petitioner, i am inclined to scrutinise the question that arises for determination in the light of article 5 of the constitution of india and the provisions of the citizenship act of 1955.article 5 .....

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Mar 06 1970 (SC)

Mohd. Ilyas Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Mar-06-1970

Reported in : (1970)3SCC61

..... in rule 30(2). clauses 1, 2 and 3 of that schedule are relevant. they read: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 ..... conducive to arrive at a just conclusion.7. article 9 of the constitution provides that no person shall be a citizen of india by virtue of article 6, 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. hence if the appellant is said to have ..... , upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india:provided that nothing in this sub-section shall apply to a citizen of india who, during any war in which india may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs.(2) if any question arises as to whether, when ..... on any report or information received in 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.10. if we hold that the appellant had obtained the passport, to .....

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Jun 22 1970 (FN)

Williams Vs. Florida

Court : US Supreme Court

Decided on : Jun-22-1970

..... v. wong kim ark, 169 u. s. 649 (1898), where the court was called upon to define the term "citizen" as used in the constitution. "the constitution nowhere defines the meaning of these words [the citizenship clause]. . . . in this, as in other respects, it must be interpreted in the light of the common law, the principles and history of ..... however, casts aside workability and relevance and substitutes uncertainty. the only reason i can discern for today's decision that discards numerous judicial pronouncements and historical precedent that sound constitutional interpretation would look to as controlling, is the court's disquietude with the tension between the jurisprudential consequences wrought by "incorporation" in duncan and baldwin and the counter ..... for the trial of misdemeanors, concludes that three jurors are adequate "interposition between the accused and his accuser of the common sense judgment of a group of laymen," and constitute adequate "community participation and [provide] shared responsibility which results from that group's determination of guilt or innocence"? the court's elaboration of what is required provides no ..... which were familiarly known to the framers of the constitution." 169 u.s. at 169 u. s. 654 . history continues to be a wellspring of constitutional interpretation. indeed, history was .....

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1970

BaldwIn Vs. New York

Court : US Supreme Court

Decided on : Jan-01-1970

..... . wong kim ark, 169 u.s. 649 (1898), where the court was called upon to define the term 'citizen' as used in the constitution. 'the constitution nowhere defines the meaning of these words (the citizenship clause) .... in this, as in other respects, it must be interpreted in the light of the common law, the principles and history of which ..... however, casts aside workability and relevance and substitutes uncertainty. the only reason i can discern for today's decision that discards numerous judicial pronouncements and historical precedent that sound constitutional interpretation would look to as controlling, is the court's disquietude with the tension between the jurisprudential consequences wrought by 'incorporation' in duncan and baldwin and the counter ..... the trial of misdemeanors, concludes that three jurors are adequate 'interposition between the accused and his accuser of the common-sense judgment of a group of laymen,' and constitute adequate 'community participation and (provide) shared responsibility which results from that group's determination of guilt or innocence'? the court's elaboration of what is required provides no ..... were familiarly known to the framers of the constitution.' 169 u.s., at 654. history continues to be a wellspring of constitutional interpretation. indeed, history was even invoked .....

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Nov 30 1970 (SC)

Delhi Administration Vs. Mohd. Iqbal

Court : Supreme Court of India

Decided on : Nov-30-1970

Reported in : AIR1971SC472; 1971CriLJ509; (1970)3SCC498; 1971(III)LC91(SC)

..... invited this court to-re-assess the facts and to come to the conclusion that he was in india upto 1953 and therefore he merely 'renounced the citizenship and that when he returned to india, his citizenship revived. we are unable to hold so on the facts.11. the magistrate's court correctly held ..... another whether or not with the intention of permanent residence in the latter place this court gave the word 'migrated' in article 7 of the constitution that wider connotation and referred to migration to pakistan after 1 march, 1947 in that case.9. the present case falls within a short compass ..... decision of this court shanno devi v. mangal sen (supra) because the respondent had not migrated from india, and, finally, that the evidence was overwhelming that he left india in 1953 and therefore there was renunciation of citizenship.8. this court in kulathil m. v. the state of kerala : 1966crilj1217 held that in ..... whereby all foreigners were required to obtain residential permits by 5 january, 1960.6. counsel for the appellant contended that the respondent came to india on a pakistani passport in which he was described as a pakistani national and he overstayed after the expiry of visa and inspite of being ..... article 134(i)(c) of the constitution against the judgment dated 2nd august, 1965 of the circuit bench of the punjab high court at delhi. the certificate was given on the principal ground whether the respondent had migrated to pakistan or was a citizen of india.2. the respondent mohd. iqbal was .....

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Dec 21 1970 (FN)

Oregon Vs. Mitchell

Court : US Supreme Court

Decided on : Dec-21-1970

..... president and vice president, and the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections -- " " * * * *" "(2) denies or abridges the inherent constitutional right of citizens to enjoy their free movement across state lines;" " * * * *" "(6) does not bear a reasonable relationship to any compelling state interest in the conduct of ..... of this compromise reveals that those who favored national authority over national elections prevailed. six states included in their resolutions of ratification the recommendation that a constitutional amendment be adopted to curtail the power of the federal government to regulate national elections. such an amendment was never adopted. a majority of the delegates ..... have retained throughout our history. of course, the original design of the founding fathers was altered by the civil war amendments and various other amendments to the constitution. the thirteenth, fourteenth, fifteenth, and nineteenth amendments have expressly authorized congress to "enforce" the limited prohibitions of those amendments by "appropriate legislation." the solicitor ..... residency provisions of the act are constitutional because congress, while it does not have general authority to establish qualifications for voting in congressional or presidential elections, page 400 u. s. 115 does have the power under the necessary and proper clause to protect the privileges of united states citizenship, including the freedom to travel and .....

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Jun 01 1970 (FN)

Chandler Vs. Judicial Council

Court : US Supreme Court

Decided on : Jun-01-1970

..... circuit. whether that characterization is valid or not, we find no indication that congress intended to or did vest traditional judicial powers in the councils. we see no constitutional obstacle preventing congress from vesting in the circuit judicial councils, as administrative bodies, authority to make "all necessary orders for the effective and expeditious administration of the business of ..... trustee or executor." [ footnote 3/6 ] commentaries on equity jurisprudence (2 vols., 1836); commentaries on equity pleadings (1838); commentaries on the conflict of laws (1834); commentaries on the constitution of the united states (3 vols., 1833); commentaries on the law of agency (1839); commentaries on the law of bailments (1832); commentaries on the law of bills of exchange (1843 ..... the needs of ecology and of conservation? page 398 u. s. 140 judges who still have a "plantation" state of mind and relegate many minorities to second-class citizenship? judges who have a narrow view of freedom of expression or a broad view of due process? public issues deal with a vast contrariety of views, and judges, like ..... council relied, does not authorize the placing of restrictions upon the functioning of a district judge, even temporarily, and that, if it does, the statute is unconstitutional because the constitutional provisions [ footnote 2/16 ] vesting in congress authority to impeach federal officers, including judges, establish the exclusive means of inquiry into the fitness of a federal judge to .....

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Jun 01 1970 (FN)

Adickes Vs. S. H. Kress and Co.

Court : US Supreme Court

Decided on : Jun-01-1970

..... or conventions regarded as prescribing norms for conduct, and supported by common consent, or official or unofficial community sanctions -- in short, customs and usages. where violation of constitutional rights is customary, the violation is, by definition, widespread and enduring, and therefore worthy of congressional response. as i read 1983, that response was made in the ..... purely individual discrimination. as i read 1983, together with the other sections, against the background of the congressional debates, i understand them to protect the exercise of constitutional rights by reaching three kinds of interference that are sufficiently "major" in their effects to have warranted congressional action. the first category is that involving action under color ..... no doubt that the mere existence of efforts by the state, through legislation or otherwise, to authorize, encourage, or otherwise support racial discrimination in a particular facet of life constitutes illegal state involvement in those pertinent private acts of discrimination that subsequently occur. see, e.g., peterson v. city of greenville, supra; lombard v. louisiana, supra; robinson ..... house select committee which drafted the ku klux klan act, said that 1 was, " in its terms, carefully confined to giving a civil action for such wrongs against citizenship as are done under color of state laws which abridge these rights. [ footnote 27 ]" (emphasis added.) senator edmunds, chairman of the senate committee on the judiciary and .....

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Jun 01 1970 (FN)

Boys Markets, Inc. Vs. Retail Clerks Union

Court : US Supreme Court

Decided on : Jun-01-1970

..... dissents for the reasons stated in the majority opinion in sinclair refining co. v. atkinson, 370 u. s. 195 (1962). * other members of the court have drawn the distinction between constitutional and statutory matters, and indicated that the correction of this court's errors in statutory interpretation is best left to congress. for example, mr. justice douglas noted in dissent in ..... no different in effect from a judicial alteration of language that congress itself placed in the statute. altering the important provisions of a statute is a legislative function. and the constitution states simply and unequivocally: "all legislative powers herein granted shall be vested in a congress of the united states. . . ." u.s.const. art. i. it is the congress, not ..... and no-strike clauses: from lincoln mills to avco and beyond, 15 vill.l.rev. 32 (1969). [ footnote 11 ] section 301(a) suits require neither the existence of diversity of citizenship nor a minimum jurisdictional amount in controversy. all 301(a) suits may be removed pursuant to 28 u.s.c. 1441. [ footnote 12 ] the view that state court jurisdiction would ..... labor organizations, may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties." 61 stat. 156, 29 u.s.c. 185(a). [ footnote 3 ] " article xiv" " adjustment and arbitration" "a. controversy, dispute or disagreement." "any and all matters of controversy .....

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