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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1976 Page 1 of about 12 results (0.034 seconds)

Jul 16 1976 (HC)

Abdul Rahim Khan Vs. the Union of India and anr.

Court : Mumbai

Decided on : Jul-16-1976

Reported in : AIR1977Bom274; (1977)79BOMLR105

..... the plaintiff's suit with costs. this was on the footing that although the court had found him to be a citizen of india at the commencement of the constitution, the central government had given its decision that his citizenship had been terminated by the act of obtaining a pakistani passport on 25th may 1953 and therefore he was not entitled to the ..... another country, but the only authority to so decide is the government of india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) of the citizenship act and para 3 of the citizenship rules are intra vires the constitution and valid law,(iv) the proposition that as soon as it is alleged ..... 11 of the petition, and are as follows (1) it is alleged in the first place that rule 30 of the citizenship rules is void and ultra vires the provisions contained in article 14 of the constitution of india. (2) secondly, it is submitted that rule 30 of the citizenship rules and para. 3 of schedule iii thereto are bad and ultra vires the ..... citizenship act, 1955. (3) the said para 3 of schedule iii has been attacked as constituting an unreasonable restriction on the petitioner's fundamental rights under .....

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Mar 05 1976 (HC)

Arun Narayan Vs. the State of Karnataka and anr.

Court : Karnataka

Decided on : Mar-05-1976

Reported in : AIR1976Kant174; 1976(1)KarLJ349

..... unlike in united states where there is dual citizenship, namely, citizenship of the united states and citizenship of any of the individual states, our constitution envisages only a single citizenship of entire india and not citizenship of any individual state in india. mr. iyengar maintained that from the concept of the single citizenship of the whole of india, it follows that there can be only ..... not residing in this state, would take away or abridge his right of citizenship of india.48. to examine the above contention, it is necessary to ascertain what are the rights attached to citizenship of india. such rights have been expressly specified in part iii of the constitution. art. 15 which prohibits discrimination on the grounds of race, religion, caste ..... mr. iyengar referred to articles 5 to 11 in part ii of the constitution. article 5 deals with citizenship at the commencement of the constitution. article 6 deals with the rights of citizenship of certain categories of persons who migrated to india from pakistan. article 8 deals with rights of citizenship of a certain category of persons of indian origin residing outside ..... thereof, such barriers would affect the quality and content of the citizenship of india, attenuate the rights and privileges of a citizen and would also infringe articles 301 to 304 of the constitution which ensure freedom of trade, commerce and intercourse throughout the territory of india and also interfere with the rights of citizens to move freely throughout .....

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Jun 17 1976 (FN)

Examining Bd. Vs. Flores De Otero

Court : US Supreme Court

Decided on : Jun-17-1976

..... "within our union with the united states of america," and that among the "determining factors in our life" were considered "our citizenship of the united states of america" and "our loyalty to the principles of the federal constitution." preamble of the constitution of puerto rico, 1 p.r.laws ann. p. 207 (196). see note following 48 u.s.c. 731d. congress ..... the licensing of an engineer. appellants' second argument is that the commonwealth courts should be permitted to adjudicate the validity of the citizenship requirement in the light of 1 and 7 of art. ii of the puerto rico constitution. 1 p.r.laws ann., const., art. ii, 1, 7 (1965). section 1 provides: "no discrimination shall be made on account of ..... abstention was unnecessary, because 689 was unambiguous, and not susceptible of an interpretation that would obviate the need for reaching the constitutional question. on the merits, with one judge dissenting, it rejected the justifications proffered by the defendants for the citizenship requirement. it found that requirement unconstitutional, page 426 u. s. 580 and directed the defendants to license flores as an ..... rico, claiming jurisdiction under 28 u.s.c. 1343(3) and alleging that the statute's citizenship requirement violated 42 u.s.c. 1983. section 1343(3) gives district courts jurisdiction of actions "[to] redress the deprivation, under color of any state law" of federal constitutional rights, privileges, or immunities, and 1983 provides that "[e]very person who, under color of .....

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Jun 01 1976 (FN)

Hampton Vs. Mow Sun Wong

Court : US Supreme Court

Decided on : Jun-01-1976

..... works appropriations act, 1971, 502, pub.l. 91-439, 84 stat. 902. in deciding the present case, we intimate no view as to whether these federal citizenship requirements are or are not susceptible of constitutional challenge. see jalil v. hampton, 148 u.s.app.d.c. 415, 460 f.2d 923, cert. denied, 409 u.s. 887 (1972); comment, ..... footnote 38 ] in the district court, respondents argued that the exemptions from the limitations included in the appropriations acts had become so broad by 1969 as to constitute a congressional determination of policy repudiating the narrow citizenship requirement in the commission rule. though not controlling, there is force to this argument. on the other hand, the fact that congress repeatedly identified ..... . 531 . as such, the only judicial review of those policies is to insure that the government has respected the demands of procedural due process not whether the policies themselves are constitutionally valid. [ footnote 2/2 ] also, 5 u.s.c. 1302 directly authorized the civil service commission, subject to rules prescribed by the president, to "prescribe regulations for . . ..... president, acting under this grant of authority as well as the "authority vested in [him] by the constitution," promulgated executive order no. 10,577, 3 cfr 218 (1951958 comp.), in which he authorized the civil service commission "to establish standards with respect to citizenship, age, education . . . and for residence or other requirements which applicants must meet to be admitted .....

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Jun 24 1976 (FN)

Aldinger Vs. Howard

Court : US Supreme Court

Decided on : Jun-24-1976

..... rejection of the amendment, as stated by mr. poland, house manager of the conference committee report, was that "the house had solemnly decided that, in their judgment, congress had no constitutional power to impose any obligation upon county and town organizations, the mere instrumentality for the administration of state law." cong.globe, 42d cong., 1st sess., 804 (1871) (emphasis supplied). see ..... say in this opinion disturbs it in the slightest. all that we hold is that, where the asserted basis of federal jurisdiction over a municipal corporation is not diversity of citizenship, but is a claim of jurisdiction pendent to a suit brought against a municipal officer within 1343, the refusal of congress to authorize suits against municipal corporations under the cognate ..... society brought a second suit in federal court seeking to protect that judgment as against an identical state court action brought by members of "class a" who were of indiana citizenship. since, under dunham, "intervention of the indiana citizens in the [original] suit would not have defeated the jurisdiction already acquired," 255 u.s. at 255 u. s. 366 , the ..... prevent injustice in the diversity suit, would not have been "an original suit, but ancillary and dependent, supplementary merely to the original suit," and thus maintainable irrespective of diversity of citizenship. id. at 65 u. s. 460 . a similar approach was taken in stewart v. dunham, 115 u. s. 61 (1885), where, after a creditors' suit to set aside an .....

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Jan 20 1976 (FN)

thermtron Products, Inc. Vs. Hermansdorfer

Court : US Supreme Court

Decided on : Jan-20-1976

..... is pending." "(b) any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the constitution, treaties or laws of the united states shall be removable without regard to the citizenship or residence of the parties. any other such action shall be removable only if none of the parties in interest properly joined and ..... remand in approximately 28 other actions, which actions either were removed to the united states district court for the eastern district of kentucky, at pikeville, in 1973, or which actions constitute all cases removed to said court during the year 1973." id. at 9. at oral argument, before this court, petitioners' counsel stated that, during 1973, 14 cases had been removed .....

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Jun 01 1976 (FN)

Mathews Vs. Diaz

Court : US Supreme Court

Decided on : Jun-01-1976

..... does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. for a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify ..... citizens and aliens has no apparent justification, whereas a comparable classification by the federal government is a routine and normally legitimate part of its business. furthermore, whereas the constitution inhibits every state's power to restrict travel across its own borders, congress is explicitly empowered to exercise that type of control over travel across the borders of ..... to appellees' characterization, it is not "political hypocrisy" to recognize that the fourteenth amendment's page 426 u. s. 87 limits on state powers are substantially different from the constitutional provisions applicable to the federal power over immigration and naturalization. finally, we reject the suggestion that u.s. dept. of agriculture v. moreno, 413 u. s. 528 , ..... a "current cost" basis, half by appropriations from the general revenues and half by premiums from enrolled individuals; because aliens who do not meet the residence requirement would constitute no greater burden on the general revenues than enrolled citizens who have not paid federal taxes or who pay their premiums from federally subsidized welfare benefits; because aliens, .....

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Jun 25 1976 (FN)

Runyon Vs. Mccrary

Court : US Supreme Court

Decided on : Jun-25-1976

..... while "[i]nvidious private discrimination may be characterized as a form of exercising freedom of association protected by the first amendment . . . it has never been accorded affirmative constitutional protections. and even some private discrimination is subject to special remedial legislation in certain circumstances under 2 of the thirteenth amendment; congress has made such discrimination unlawful in other significant ..... co., 414 u. s. 86 , 414 u. s. 91 (1973): "suffice it to say that we cannot conclude congress would at once continue the practice of requiring citizenship as a condition of federal employment, page 427 u. s. 205 and, at the same time, prevent private employers from doing likewise." thus, the legislative history of 1981 unequivocally ..... different construction. the net result of the enactment in 1866, the reenactment in 1870, and the codification in 1874 produced, i believe, a statute resting on the constitutional foundations provided by both the thirteenth and fourteenth amendments. an attempt to give a fundamentally different meaning to two similar provisions by ascribing one to the thirteenth and ..... have a right to attend such schools, it does not follow that the practice of excluding racial minorities from such schools is also protected by the same principle. the constitution places no value on discrimination, and while "[i]nvidious private discrimination may be characterized as a form of exercising freedom of association protected by the first amendment . . .....

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Jul 06 1976 (FN)

United States Vs. Martinez-fuerte

Court : US Supreme Court

Decided on : Jul-06-1976

..... a type of stop familiar to all motorists) is confined to permanent checkpoints. we understand, of course, that neither longstanding congressional authorization nor widely prevailing practice justifies a constitutional violation. we do suggest, however, that, against this background and in the context of our recent decisions, the rhetoric of the dissent reflects unjustified concern. the dissenting ..... of a checkpoint stop. finally, the court's argument fails for more basic reasons. there is no principle in the jurisprudence of fundamental rights which permits constitutional limitations to be dispensed with merely because they cannot be conveniently satisfied. dispensing with reasonable suspicion as a prerequisite to stopping and inspecting motorists because the inconvenience ..... in the record. less than 1% of the motorists passing the checkpoint are stopped for questioning, whereas american citizens of mexican ancestry and legally resident mexican citizens constitute a significantly larger proportion of the population of southern california. the 1970 census figures, which may not fully reflect illegal aliens, show the population of california to ..... , the "point" agent will conclude that further inquiry is in order. he directs these cars to a secondary inspection area, where their occupants are asked about their citizenship and immigration status. the government informs us that, at san page 428 u. s. 547 clemente, the average length of an investigation in the secondary inspection area .....

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Jan 13 1976 (FN)

Barrett Vs. United States

Court : US Supreme Court

Decided on : Jan-13-1976

..... , 490 f.2d 557 (1974), we granted certiorari limited to the 922(h) issue. 420 u.s. 923 (1975). ii petitioner concedes that congress, under the commerce clause of the constitution, has the power to regulate interstate trafficking in firearms. brief for petitioner 7. he states, however, that the issue before page 423 u. s. 216 us concerns the scope of ..... the indictment on the ground that, on june 20, 1969, the governor of kentucky, by executive order in the nature of a pardon, had granted petitioner "all the rights of citizenship denied him in consequence of said judgment of conviction." it was suggested that this served to wipe out petitioner's state felony conviction of january, 1967. the motion to quash ..... . 39 u.s. at 319 u. s. 467 -468. the court could not have reached that decision without first determining what set of facts needed to exist in order to constitute a violation of the statute. the tot case did not go unnoticed when 18 u.s.c. 922(h) was enacted in its present form in 1968, as the legislative .....

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