Court : Gujarat
Decided on : Feb-03-1975
Reported in : (1976)17GLR1177
..... of that it is hereby clarified that if it is the case of the defendant-state that after the commencement of the constitution of india on january 26, 1950, the appellant-plaintiff has abandoned the citizenship of india or has acquired the citizenship of pakistan or any other country, it will be open to the state to obtain an adjudication on this question from the ..... -plaintiff being a minor acquired the domicile of birth from his parents and became a citizen of india. he was admittedly born in india. therefore, both the conditions of article 5 of the constitution of india are satisfied. the question, however, is whether his claim to citizenship of india is jeopardized by reason of the fact that in 1948 one abdul gafur with whom the appellant ..... january 26, 1950. it is not the case of the defendant-state in the written statement that the plaintiff had acquired the citizenship of pakistan after the commencement of the constitution of india though an issue on this point has been raised. in the present state of pleadings it is not necessary to remand the matter to the trial court and to stay ..... central government under section 9(2) of the citizenship act.the appeal is, therefore, allowed. it is declared that the appellant-plaintiff was a citizen of india on the date of the commencement of the constitution on 26th january 1950. the respondents are restrained from deporting the appellant-plaintiff from out of the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-15-1975
Reported in : 1976CriLJ1419
..... a court of law is void is normally part of the judicial function and is not a legislative function. although there is in the constitution of india no rigid separation of powers, by and large the spheres of judicial function and legislative function have been demarcated and it is not permissible ..... of separation of powers as recognised in america is not applicable to our country.... the rigid separation of powers as under the american constitution or under the australian constitution does not apply to our country. many powers which are strictly judicial have been excluded from the purview of the courts.similarly ..... become necessary to enquire whether obtaining a passport from a foreign government is or is not inherently relevant in proving the voluntary acquisition of the citizenship of that foreign state ' applying the test for determining whether a particular rule is a rule of evidence or not as indicated in the ..... of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of the country before that date. in paragraph 29, after examining all ..... with the validity of rule 3 of schedule 3 of citizenship rules, 1956, made by the government under the citizenship act, 1955. under rule 3 which was the impugned rule, it was provided that the fact that a citizen of india has obtained on any date a passport from the government .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; 2SCR347
..... important.555. this impels me to consider such theories of sovereignty as we may find embedded in our constitution. the term 'sovereign' is only used in the preamble of our constitution, which says:we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic and to secure to all its citizens..in our constituent assembly this twenty ..... relations between the union and the states it deals with maters not normally considered constitutionally important like the salaries of high dignitaries, the power of the supreme ..... of topics it covers would bemuse any student of foreign constitutions which do not even skirt the problems with which our constitution deals in copious details. in fact, there is hardly any important facet of national life which our constitution does not touch. along with matters of high priority like citizenship. fundamental rights, directive principles of state policy and the ..... profit or because of his unsoundness of mind or because of his being an undischarged insolvent or because of his being not a citizen of india, or because of his having voluntarily acquired the citizenship of a foreign state, or because of his being under any acknowledgment of allegiance or adherence to a foreign state, as contemplated by sub- .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-30-1975
..... -- for the protection of an officer investigating suspicious behavior of persons he reasonably believed to be armed and dangerous. the court approved such a search on facts that did not constitute probable cause to believe the suspects guilty of a crime, requiring only that "the police officer . . . be able to point to specific and articulable facts which, taken together ..... basis. [ footnote 8 ] the government also contends that the public interest in enforcing conditions on legal alien entry justifies stopping persons who may be aliens for questioning about their citizenship and immigration status. although we page 422 u. s. 884 may assume for purposes of this case that the broad congressional power over immigration, see klendienst v. mandel, 408 ..... later that their only reason for doing so was that its three occupants appeared to be of mexican descent. the officers questioned respondent and his two passengers about their citizenship and learned that the passengers were aliens who had entered the country illegally. all three were then arrested, and respondent was charged with two counts of knowingly transporting illegal ..... circuit syllabus the fourth amendment held not to allow a roving patrol of the border patrol to stop a vehicle near the mexican border and question its occupants about their citizenship and immigration status, when the only ground for suspicion is that the occupants appear to be of mexican ancestry. except at the border and its functional equivalents, patrolling .....Tag this Judgment!
Court : Orissa
Decided on : Oct-21-1975
Reported in : AIR1976Ori103
..... (2) mentioned above, the intention has been made clear that all cases which come up for determination where an indian citizen has voluntarily acquired the citizenship of a foreign country after the commencement of the constitution have to be dealt with and decided in accordance with its provisions. in this view of the matter the entire argument which prevailed with the allahabad ..... as to affect pending litigation. as against this it was argued on behalf of the government that by reason of the citizenship rule 30 which was enforced in 1956 the civil court had no jurisdiction to decide the question of citizenship. in these rival contentions their lordships of the supreme court said as follows :--'counsel for respondent no. 1 has relied on ..... he was not a foreigner and that he was still a citizen of india. the suit was dismissed, but was allowed in the first appellate court. the union of india came to the high court in a second appeal. during the pendency of this second appeal rule 30 under the citizenship act came into operation which ran as follows:--'authority to determine question ..... of citizenship of another country.-- (1) if any question arises as to whether, when or .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-12-1975
..... , 395 u. s. 621 (1969), we held that, in an election of general interest, restrictions on the franchise other than residence, age, and citizenship must promote a compelling state interest in order to survive constitutional attack. the appellant in kramer challenged a new york statute that limited eligibility to vote in local school board elections to persons who owned or ..... 213 -215, and we agree with the district court's determination not to give its ruling retroactive effect. since the portion of the district court's judgment invalidating the state constitutional and statutory provisions has been in full effect since that time, [ footnote 10 ] and since some local bond elections may subsequently have been conducted in reliance on that ..... three-judge district court was convened; it heard argument, and, on march 25, 1974, it entered judgment for the appellees. the court declared the relevant provisions of the texas constitution, the texas election code, and the fort worth city charter unconstitutional "insofar as they condition the right to vote in bond elections on citizens' rendering property for taxation." 377 f ..... finance construction of a city library was defeated in fort worth, tex., appellee fort worth residents brought an action in the federal district court challenging the provisions of the state constitution, election code, and city charter limiting the right to vote in city bond issue elections to persons who have "rendered" or listed real, mixed, or personal property for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-04-1975
Reported in : AIR1975SC972; (1975)1SCC544; 3SCR425; 1975(7)LC169(SC)
..... that in view of the information supplied by the chief secretary, there was no objection to the respondent being treated as a citizen of india under the citizenship order. on december 15, 1964 a communication was sent to the respondent by the under secretary, home department of the government of goa, ..... daman and diu that prima facie the respondent had become a citizen of india by virtue of the citizenship order. more than four and a half years thereafter on july 1, 1969 the inspector general of police addressed a letter to the ..... special adviser goa for reasons which had no connection with any intention on his part to retain the portuguesenationality and citizenship or to lose indian citizenship. the respondent admits that ho left india in may 1962 and got his passport renewed from the portuguese consulate in london. the respondent was, however, advised ..... . bhandare and though we agree with him that as provided in article 84 of the constitution, a person shall not be qualified to be chosen to fill a seat in parliament unless he is a citizen at india, we find it difficult to accept his other contentions11. ex. p3 is declaration dated ..... the respondent was not qualified to be chosen to fill a parliamentary seat under the constitution of india and the representation of the people act, 1951 as the respondent on that date was not a citizen of india and not an elector as contemplated by the representation of the people act, 1951. .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-15-1975
Reported in : (1976)78BOMLR1
..... discuss these topics, and to communicate respecting them, whether orally or in writing, is a privilege inherent in citizenship of the united states which the amendment protects.cooley in his treatise on the constitutional limitations has stated thus (p. 349) : right to discussion and petition.-the right of the people peaceably ..... arising out of or connected with the existing emergency declared under the proclamation of emergency issued under clause (1) of article 352 of the constitution of india on the 25th day of june 1975 is to be or likely to be discussed or referred to, or is discussed or referred to, ..... arising out of or connected with the existing emergency declared under the proclamation of emergency issued under clause (1) of article 352 of the constitution of india on the 25th day of june 1975 is to be or likely to be discussed or referred to or is discussed or referred to, ..... to or arising out of or connected with the existing emergency declared under the proclamation of emergency issued under article 352(7) of the constitution of india on june 25, 1975 was to be or likely to be discussed or referred to or is discussed or referred to by any speaker ..... civil liberties unions, of a purely non-party character, have been established to resist all such encroachments and their activities have borne substantial fruit. in india the necessity for such a joint effort embracing all groups and individuals, who believe in civil liberties, is obviously even more necessary than elsewhere.92. .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-1975
Reported in : ILR1976Delhi753
..... be so vital as to necessitate severance of employment, then the liability of damages and the extent thereof is only to be determind. reference was also invited to the constitution of all india newspapers editors conference (hereinafter referred to as the 'conference') relating to editor's charter, wherein para 33(h) provides that 'in the event of disagreement between the board of ..... thus see no substance in the preliminary objections, and we proceed to consider the merits of the other contentions raised in the writ petition. (20) article 19 of the constitution of india guarantees to all citizens freedom of speech and expression but does not specifically or separately provide for the liberty of the press. it has, however, been authoritatively held that the ..... a person who will be prejudicially affected by the opinion of the press council has sufficient legal interest to invoke the jurisdiction of this court under article 226 of the constitution of india. in exceptional cases, as the expression ordinarily indicates, a person who has been prejudicially affected by an act or omission of an authority, can file a writ petition ..... on the part of newspapers and news agencies and journalists the maintenance of high standards of public taste and foster a due sense of both the right and responsibilities of citizenship; (d) to encourage the growth of a sense of responsibility and public service among all those engaged in the profession journalism; (e)to keep under review any development likely .....Tag this Judgment!
Court : Delhi
Decided on : Sep-15-1975
Reported in : ILR1977Delhi23; 1977RLR312
..... was also not noticed in smt. manekben, gajendragadkar, cj. speaking for the supreme court, repelled the contention that a petition under aricle 32 of the constitution challenging an order purporting to be made under the defense of india rules, was one not made under the act/rules, was not maintainable. (43) the upshot of all these cases is that what is unlawful ..... it may have to take note of several political factors which may not even be within the reach of the judicial power. prof. carl. j. frienderick explain this idea in constitutional government and democracy (revised first indian edition 1966, pp. 595-596) : 'constitutionaldictatorship, on the surface a contradiction in terms, is the final test of constitutionalism. for a government which cannot ..... not made in obedience to anything ordered from any higher authority. it has been made sufficiently clear in the said affidavit that the report regarding the activities of the detenu constituted the information and material, on which the third respondent was satisfied, concerning the necessity for detention ; the third respondent considered it was against public interest to disclose such information and ..... view that it is necessary to remove any misapprehension in the minds of muslims about their future in this country in order that they may develop a sense of indian citizenship. his impartiality in this respect could be judged from the young imam of jama masjid, during the recent dispute between the imam and the government of .....Tag this Judgment!