Court : Kolkata
Decided on : Jun-08-1977
Reported in : AIR1978Cal252,81CWN1090
..... stated hereinbefore, also took place here, as a result whereof he has contended that he is an indian citizen under article 5 of the constitution of india.5. it has also been stated by the petitioner that towards the beginning of 1963 he received an information that his father was alive at ..... of the petitioner was a pakistan national when the constitution of india was promulgated and being a minor and as per law, he acquired the domicile of his father. ft has also been contended with reference to the petitioner's application for citizenship that he acquired pakistan nationality and secured his passport ..... be evidence of rebuttal against the presumption that he had gone to pakistan with the desire or intention to abandon his citizenship of india. (iii) he could not be deemed to be a foreigner even under the foreigners laws (amendment) act 1957 because the question of renunciation ..... to reside in india. he filed a petition under article 226 of the constitution praying for a writ of prohibition restraining the state from expelling him on the expiry of visa. it was contended by the state that the petitioner had voluntarily migrated to pakistan and had renounced his citizenship. there was ..... citizenship act declaring him a foreigner, and on such facts it has been held:(i) that the petitioner being a minor at the time of migration to pakistan could not be said to have voluntarily migrated to pakistan so as to make article 7 of the constitution applicable to his case. (ii) as petitioner's entry into india .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-26-1977
Reported in : 1978CriLJ208
..... re-entered and was then prosecuted and deported. when the applicant himself declared that he had left india in 1947, it would mean that he was not an indian citizen on 26-1-1950 when the constitution of india came into force. it is not a case in which it can be said that he was ..... fat p. 621 of air)it is only where there is proof that a person is. to start with, a citizen of india and it is alleged that he has lost his indian citizenship by reason of acquiring the nationality of foreign state that any question of invoking the provisions of section 9(2) of the ..... originally an indian citizen under the constitution and then lost his nationality thereafter. in that case only a decision by the central government might have been necessary under p 9 of the indian citizenship act and ..... april, 1957. on those facts there is no question of section 9(2) of the citizenship act being invoked or coming into play, the offence charged was that having been deported once out of india he again entered india without proper travel documents in violation of the provisions of section 8(2) of the foreigners act. ..... citizenship act arises. that is not the case here. the case of the prosecution was that the appellant was a pakistani national who had come over to india on a valid pakistani passport in 1957 and had been legally de-1978 cri. .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-08-1977
Reported in : AIR1978Raj72
..... of the supreme court in kesavananda bharati v. state of kerala, (air 1973 sc 1461).114. in state of west bengal v. union of india, (air 1963 sc 1241, at page 1252, para 27) a contention was raised that the states constituting india were fully sovereign states. the court examined at considerable length the nature and effect of the provisions of the indian ..... people of india who as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects specified therein. the political sovereignty is distributed between, as we will presently demonstrate, the union of india and the states with greater weightage in favour of the union.'115. our ..... constitution and whether sovereignty is vested in it. the majority expressed the view as under:--'legal sovereignty of the indian nation is vested in the ..... be eligible for appointment as governor unless he is a citizen of india and has completed his age of 35 years. the eligibility of a person, therefore, depends on citizenship and age. it bars a person at the very threshold unless he possesses these two qualifications. article 158 of the constitution provides for conditions of governor's office. it lays down, inter .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-08-1977
Reported in : AIR1978SC68; (1977)4SCC608; 2SCR1
..... the suit is such that it does not affect any legal right of the state.222. under article 1 of the constitution, india is a union of states. the state of karnataka is one of the constituent units of the union of india. the concept of state is that by itself it is an ideal person, a legal entity. it is intangible, invisible ..... as falling within power of the parliament under entry 42, list iii and entries 52 and 54 of list i. but with very great respect the observation that 'the constitution of india is not truly federal in character... that only those powers which are concerned with the regulation of local problems are vested in the states' is not in accordance with the ..... issue is interlinked with other issues settled for adjudication, it can be dealt with separately also.221. what, in substance, is this suit filed under article 131 of the constitution of india certain allegations of corruption, nepotism and favouritism in relation to the administrative actions of the chief minister and some other ministers of the state of karnataka were made by some ..... the special provisions of article 370 in relation to the state of jammu & kashmir, there is no dual citizenship; there are no different nationalities.243. while assailing the impugned notification mr. lal narayan sinha has strenuously contended that article 164(2) of the constitution which makes the council of ministers collectively responsible to the legislative assembly of the state indicates that a .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-13-1977
..... civil service limited to citizens); takahashi v. fish & game comm'n, 334 u. s. 410 (1948) (state statute denied fishing license to persons "ineligible to citizenship"); truax v. raich, 239 u. s. 33 (1915) (state constitution required employers to hire "not less than eighty (80) per cent qualified electors or native-born citizens of the united states"); yick wo v. hopkins, 118 ..... as to those aliens who are unwilling to declare their commitment to the community in which they reside by declaring their intent to acquire citizenship. such simple declaration is all that the statute requires. in my view, the constitution of the united states allows states broad latitude in carrying out such programs. where a fundamental personal interest is not at stake -- and ..... united states. beyond the specific case, i am concerned that we not obliterate all the distinctions between citizens and aliens, and thus depreciate the historic values of citizenship. if a state desires -- and has the means -- nothing in the united states constitution prevents it from voluntarily giving page 432 u. s. 15 scholarships to aliens, even to those who reject united states ..... the united states from the date of the petition up to the time of admission to citizenship, and (3) during all the period referred to in this subsection has been and still is a person of good moral character, attached to the principles of the constitution of the united states, and well disposed to the good order and happiness of the united .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-13-1977
Reported in : AIR1978AP106
..... to the concept of a 'family unit' under the andhra pradesh act, violated the second proviso to art. 31-a(1) of the constitution. in paras. 12 and 18 of the judgment (as reported in the all india reporter) the learned judge, after a full discussion held that there was no contravention of the right given by the second proviso to art ..... , belief and expression; or equality of status and opportunity, or some invisible radiation form them. it was not suggested by the learned counsel that any specific provision of the constitution was contravened by the creation of tribunals. we are therefore, unable to hold that the creation of tribunals consisting of revenue officials is illegal.38. another general argument which was ..... , appeared to us, on a first impression, to support the contention of sri p.a. chowdary. the following observation of sir ivor jennings in 'some characteristics of the indian constitution' page 61, also supports his contention:-'some authorities consider that this article applies only to subjects in the concurrent list, but it is not so phrased.' so also the following ..... is implicit in every one of the items enumerated in the various legislative lists. for example, item 17 of list is 'citizenship, naturalisation and aliens'. implicit in this legislative item is the power to create tribunals for determining questions of citizenship, naturalisation, etc. again, item 61 is 'industrial disputes concerning union employees'. implcit in this item is power to create tribunals .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-06-1977
..... or transportation of a firearm by felons, veterans who are discharged under dishonorable conditions, mental incompetents, aliens who are illegally in the country, and former citizens who have renounced their citizenship, constitutes -- " "(1) a burden on commerce or threat affecting the free flow of commerce," "(2) a threat to the safety of the president of the united states and vice ..... and" "(4) a threat to the continued and effective operation of the government of the united states and of the government of each state guaranteed by article iv of the constitution." [ footnote 11 ] in bass, the court suggested that there might be a distinction between receipt and possession and that possession might require a stricter nexus with commerce. while ..... "affecting commerce" are somewhat more helpful. in the findings at the beginning of title vii, congress expressly declared that "the receipt, possession, or transportation of a firearm by felons . . . constitutes . . . a burden on commerce or threat affecting the free flow of commerce," 18 u.s.c.app. 1201(1). [ footnote 10 ] it then implemented those findings by prohibiting possessions ..... a "clearer statement of intention," ibid., that congress meant to dispense entirely with a nexus requirement in individual cases. it was unnecessary in bass for us to decide what would constitute an adequate nexus with commerce, as the government had made no attempt to show any nexus at all. while we did suggest some possibilities, [ footnote 7 ] the present .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-02-1977
Reported in : AIR1978SC851; (1978)1SCC405; 2SCR272
..... has a very wide connotation commencing from the presidential notification calling upon the electorate to elect and culminating in the final declaration of the returned candidate.2(a) the constitution contemplates a free and fair election and vests comprehensive responsibilities of superintendence, direction and control of the conduct of elections in the election commission. this, responsibility may cover ..... marriage protection by the laws, freedom of contract, trial by jury, etc...or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state of community. rights capable or being enforced or redressed in a civil action. also a term. 'applied to certain rights secured to citizens of the ..... summarised skeletal fashion, this scheme following the pattern adopted by fazal ali, j. in ponnuswami. : 1scr218 . he explained :the concept of democracy as visualised by the constitution presupposes the representation of the people in parliament and state legislatures by the method of election. and, before an election machinery can be brought into operation, there are three requisites ..... what is the scope and ambit of article 324 of the constitution the constitution of our country ushered in a democratic republic for the free people of india. the founders of the constitution took solemn care to devote a special chapter to elections niched safely in part xv of the constitution. originally there were only six articles in this part opening with .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-23-1977
..... ground that the injuries alleged in the complaint were not causally related to any deception by the majority shareholder: "assuming arguendo that the merger information statement did not constitute adequate disclosure, the amended complaint does not demonstrate a causal connection between the alleged deception and plaintiffs' damages. plaintiffs did not tender their shares for cancellation and payment ..... footnote 8 ] the court concluded its discussion thus: "whether full disclosure has been made is not the crucial inquiry, since it is the merger and the undervaluation which constituted the fraud, and not whether or not the majority determines to lay bare their real motives. if there is no valid corporate purpose for the merger, then even the most ..... under state law, and asserted that the federal court had both diversity and pendent jurisdiction over this claim. the district court found an absence of complete diversity of citizenship between the plaintiffs and defendants because of the defendant morgan stanley and refused to exercise pendent jurisdiction because it held that the complaint failed to state a claim ..... claim that gross undervaluation of the minority stock itself violated rule 10b-5; and second, that, "without any misrepresentation or failure to disclose relevant facts, the merger itself constitutes a violation of rule 10b-5" because it was accomplished without any corporate purpose and without prior notice to the minority stockholders. id. at 1285. as to the first .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-27-1977
Reported in : AIR1978AP200
..... , policy, laizzes faire state to what it has come to be a positive, modern welfare state, is bring assisted and accelerated. this is the contribution to mid-20th century constitution of india to world constitutional jurisprudence.welfare legislation ---- principles of construction : ----this aspect of the discussion may be summed up : (i) the andhra pradesh state is one of the legal units in the ..... union of india where the legal system prevalent consists of (a) the constitution of india including its preamble and the directive principles of state policy chapter, (b) laws made by parliament applicable within and throughout the territory of andhra pradesh ..... laws (art, 37) and those laws shall not take away or abridge the rights conferred by part iii and all laws in force in the territory of india immediately before the commencement of the constitution in so far as they are inconsistent with part iii are to the extent of inconsistency void.76. all the law in force in the territory of ..... play to the individual that often it secures very little fair play to the public. even our body of constitutional law is more concerned with the rights of the subject rather than with the claims of the community or the obligations of citizenship.some change in the administration of law indubitably needed if the new world of social control was to be .....Tag this Judgment!