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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1978 Page 1 of about 21 results (0.035 seconds)

Feb 22 1978 (HC)

State of Gujarat and anr. Vs. Saiyad Aga Mohmed Saiyedm Ohmed

Court : Gujarat

Decided on : Feb-22-1978

Reported in : (1979)1GLR71

..... in cloth as a hawker. the plaintiff asserted that he never migrated to pakistan with intention to stay there permanently, nor had acquired pakistan citizenship. he was in india, according to the plaintiff, on the independence day when the constitution was enacted. as a matter of fact, his case is that, he had never gone to pakistan at all. however, to his surprise ..... , the government of india called upon him by its notice of march 5, 1963 to show cause, under section 9 of the citizenship act, why the central government should not determine ..... december 20, 1955, and to submit material, if any, in support of his claim that he has not voluntarily acquired the citizenship of india.4. the plaintiff objected to the central government determining his status under section 9 of the citizenship act since he was acquitted by the additional sessions judge, surat in criminal appeal no. 33 of 1958 filed by the state ..... against the principles of natural justice and, therefore, restrained the union government as well as state government from deporting the plaintiff from india till a legal order is made by the union government under section 9(2) of the citizenship act.7. the state government, therefore, carried the matter in appeal before the district court at surat by its regular civil appeal .....

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Mar 22 1978 (FN)

Foley Vs. Connelie

Court : US Supreme Court

Decided on : Mar-22-1978

..... these duties should be limited to persons who can be presumed to share in the values of its political community, as, for example, those who possess citizenship status. new york, therefore, consistent with the federal constitution, may preclude aliens from serving as state troopers. * one of the appellees in nyquist v. mauclet, 432 u. s. 1 (1977), listed a ..... u. s. 647 (emphasis added). in the enforcement and execution of the laws, the police function is one where citizenship bears a rational relationship to the special demands of the particular position. a state may, therefore, consonant with the constitution, confine the performance of this important public responsibility to citizens of the united states. [ footnote 10 ] accordingly, the judgment ..... change is qualitatively different from any incremental increase in economic benefits that may accrue to holders of citizenship papers. the new citizen's right to vote and to participate in the democratic decisionmaking process is the honorable prerogative which no alien has a constitutional right to enjoy. in final analysis, therefore, our society is governed by its citizens. but ..... succession of new york statutes requiring citizenship, or a declaration of intent to become a citizen, for no fewer than 37 occupations. brief for appellee mauclet, o.t. .....

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May 23 1978 (FN)

BaldwIn Vs. Fish and Game Comm'n of Montana

Court : US Supreme Court

Decided on : May-23-1978

..... in analysis in the earlier cases from the analysis in later ones: "as has been said, prior to the adoption of the fourteenth amendment, there had been no constitutional definition of citizenship of the united states, or of the rights, privileges, and immunities secured thereby or springing therefrom. . . . " "at one time, it was thought that ..... an attempt to import the natural rights doctrine into the constitution by way of the privileges and immunities clause of article iv. by attaching the fundamental rights of state citizenship to the privileges and immunities clause, justice washington would have created federal judicial protection against state encroachment upon the ..... 'natural rights' of citizens." l. tribe, american constitutional law 405-406 (1978) (footnotes omitted). what is surprising, however, is the ..... to strike down any law 'contrary to the first great principles of the social compact.' they were the proponents of the natural rights doctrine, which, without specific constitutional moorings, posited 'certain vital principles in our free republican governments which will determine and overrule an apparent abuse of legislative powers.'" " corfield can be understood as .....

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Jun 06 1978 (FN)

Monell Vs. Department of Soc. Svcs.

Court : US Supreme Court

Decided on : Jun-06-1978

..... also to all people where, under color of state law, they or any of them may be deprived of rights to which they are entitled under the constitution by reason and virtue of their national citizenship." globe app. 68. by extending a remedy to all people, including whites, 1 went beyond the mischief to which the remaining sections of the 1871 act ..... point. since monroe, municipalities have had the right to expect that they would not be held liable retroactively for their officers' failure to predict this court's recognition of new constitutional rights. no doubt innumerable municipal insurance policies and indemnity ordinances have been founded on this assumption, which is wholly justifiable under established principles of stare decisis. to obliterate those ..... (1978). today the court recognizes page 436 u. s. 708 that this principle also applies to a local government when implementation of its official policies or established customs inflicts the constitutional injury. ii this court traditionally has been hesitant to overrule prior constructions of statutes or interpretations of common law rules. " stare decisis is usually the wise policy," burnet v. ..... louisiana power & light co., 435 u. s. 389 (1978) (plurality opinion); chattanooga foundry v. atlanta, 203 u. s. 390 , 203 u. s. 396 (1906); cf. pfizer inc. v. government of india, 434 u. s. 308 (1978). [ footnote 2/4 ] see, e.g., continental t.v., inc. v. gte sylvania inc., 433 u. s. 36 (1977); machinists v. wisconsin emp. rel. comm .....

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Jan 09 1978 (FN)

Chase Manhattan Bank Vs. South Acres Dev. Co.

Court : US Supreme Court

Decided on : Jan-09-1978

..... s jurisdiction, contains no provision for diversity jurisdiction, and the first clause of that statute granting the court federal question jurisdiction cannot be construed as also encompassing diversity jurisdiction, the constitution itself distinguishing between these two types of jurisdiction. (b) nor does the fact that congress, in 48 u.s.c. 1421b(u), extended the privileges and immunities clauses ..... u.s.c. 1331, and the federal question clause of art. iii, 2. the second clause establishes original jurisdiction over local causes of action without regard to diversity of citizenship. the second clause is not applicable to this case however, because in 1974 the guam legislature transferred jurisdiction of all cases arising under the laws of guam from the district ..... district court would have the following jurisdiction: "the district court of guam shall have the jurisdiction of a district court of the united states in all causes arising under the constitution, treaties, and laws of the united states, regardless of the sum or value of the matter in controversy, shall have original jurisdiction in all other causes in guam, ..... court of guam to exercise federal diversity jurisdiction. respondent brought suit in the guam district court, claiming that the court had jurisdiction over its action on the basis of diverse citizenship. the court agreed, denied petitioner's motion to dismiss for lack of jurisdiction, [ footnote 1 ] mailloux v. mailloux, 417 f.supp. 11 (1975), and a divided court of .....

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Jun 21 1978 (FN)

Owen Eqpt. and Erection Co. Vs. Kroger

Court : US Supreme Court

Decided on : Jun-21-1978

..... [ footnote 15 ] see c. wright, law of federal courts 23 (3d ed.1976), for a discussion of the various theories that have been advanced to explain the constitutional grant of diversity of citizenship jurisdiction. [ footnote 16 ] notably, congress enacted 1332 as part of the judicial code of 1948, 62 stat. 930, shortly after rule 14 was amended in 1946. ..... law. the court of appeals in the present case believed that the "common nucleus of operative fact" test also determines the outer boundaries of constitutionally permissible federal jurisdiction when that jurisdiction is based upon diversity of citizenship. we may assume without deciding that the court of appeals was correct in this regard. see also n 13, infra. [ footnote 11 ] ..... claim against the third-party plaintiff. . . ." furthermore, the substantiality of the claim mrs. kroger asserted against oppd is unquestioned. accordingly, as far as art. iii of the constitution is concerned, the district court had power to entertain mrs. kroger's claim against owen. the majority correctly points out, however, that the analysis cannot stop here. as aldinger v ..... "between . . . citizens of different states." it is a fundamental precept that federal courts are courts of limited jurisdiction. the limits upon federal jurisdiction, whether imposed by the constitution or by congress, must be neither disregarded nor evaded. yet under the reasoning of the court of appeals in this case, a plaintiff could defeat the statutory requirement of complete .....

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Jun 06 1978 (FN)

Agosto Vs. Ins

Court : US Supreme Court

Decided on : Jun-06-1978

..... incorporated into 106(a)(5)(b). pet. for cert. ii. we disagree. although congress intended 106(a)(5) page 436 u. s. 754 to satisfy any constitutional requirements relating to de novo judicial determination of citizenship claims, supra, the statute clearly does not restrict de novo review to cases in which the "substantial evidence" test is met. rather than incorporating the specific ..... kessler "substantial evidence" standard. pp. 436 u. s. 752 -757. page 436 u. s. 749 (a) although 16(a)(5)(b) was intended to satisfy any constitutional requirements relating to de novo judicial determination of citizenship claims, the statute clearly does not restrict de novo review to cases in which the "substantial evidence" test is met. rather than incorporating the language of ..... origin of the term in this context seems to have been ng fung ho v. white, 259 u. s. 276 (1922), where the court articulated the constitutional requirement of a judicial hearing when the petitioner "claims citizenship and makes a showing that his claim is not frivolous. . . ." id. at 259 u. s. 284 . the threshold requirement that the claim not be frivolous ..... to be a united states citizen. in carving out this class of cases, congress was aware of our past decisions holding that the constitution requires that there be some provision for de novo judicial determination of claims to american citizenship in deportation proceedings. see h.r.rep. no. 1086, supra at 29; h.r.rep. no. 565, 87th cong., 1st sess., 15 .....

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Jun 28 1978 (FN)

Regents of Univ. of California Vs. Bakke

Court : US Supreme Court

Decided on : Jun-28-1978

..... that the university could not take race into account in making admissions decisions, the trial court held the challenged program violative of the federal constitution, the state constitution, and title vi. the court refused to order bakke's admission, however, holding that he had failed to carry his burden of proving ..... century, yield to that view. had the court, in that decision and others, been willing to "do for human liberty and the fundamental rights of american citizenship what it did . . . for the protection of slavery and the rights of the masters of fugitive slaves," 109 u.s. at 109 u. s ..... move negroes from a position of legal inferiority to one of equality. the legacy of years of slavery and of years of second-class citizenship in the wake of emancipation could not be so easily eliminated. page 438 u. s. 395 ii the position of the negro today ..... his emancipation at the end of the civil war. but the long-awaited emancipation, while freeing the negro from slavery, did not bring him citizenship or equality in any meaningful way. slavery was replaced by a system of "laws which imposed upon the colored race onerous disabilities and burdens ..... explicitly indicating that congress intended neither to require nor to prohibit the remedial use of racial preferences where not otherwise required or prohibited by the constitution. representative macgregor addressed directly the problem of preferential treatment: "your mail and mine, your contacts and mine with our constituents, indicates a .....

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Jan 25 1978 (SC)

Mrs. Maneka Gandhi Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jan-25-1978

Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621

..... application does not arise.160. in order to decide this question, i may consider the various provisions of the constitution, which throw some light on this point. the preamble to the constitution provides that the people of india have solemnly resolved to constitute india into a sovereign socialist secular democrative republic and to secure to all its citizens :justice, social, economic and political ..... with sri justice bhagwati, notwithstanding this supplementary.p.s. kailasam, j.153. this petition is filed by mrs. maneka gandhi under article 32 of the constitution of india against the union of india and the regional passport officer for a writ of certiorari for calling for the records of the case including in particular the order dated july 2, 1977 made ..... to the world for centuries to come.112. from the point of view of comparative law too, the position is well established. for, one of the essential attributes of citizenship, says prof. schwartz, is freedom of movement. the right of free movement is a vital element of personal liberty. the right of free movement includes the right to travel ..... are close- commercially as well as culturally. our concerns are planetary beyond sunrises and sunsets. citizenship implicates us in those problems and paraplexities, as well as in domestic ones. we cannot exercise and enjoy citizenship in world perspective without the right to travel abroad.and, in india, satwant : [1967]3scr525 set the same high tone through shri justice subba rao although .....

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Nov 02 1978 (HC)

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Nov-02-1978

Reported in : 1978(11)WLN435

..... jurisdiction of the confirming authority, whether authority was properly delegated to the inspector general, border security force, in accordance with the provisions of the constitution and the provisions of the act. but so far as the second contention is concerned, it may be stated that even assuming that a ..... this state. their lordships of the supreme court held that this was in their opinion substantial compliance with the directory provisions of article 166 of the constitution. dattatreya moreshwar v. state of bombay referred to supra was referred it & was observed that:clauses (1) and (2) of article 166 ..... letter was an assistant secretary and under rule 12 of the rules of business made by the government of bombay under article 166 of the constitution, was authorised to sign orders and instruments of the government of bombay. the validity of this confidential letter came up for consideration before their ..... of the court are not open to scrutiny in the petition under article 226 of the constitution.7. we have heard the learned counsel for the petitioner & the learned counsel for the union of india at length. we now proceed to consider the arguments advanced before us.8. on behalf ..... .22. reference may also be made to the case rahmat ullah v. state : air1969all165 . the citizenship of the applicant was determined by the central government under rule 30 of the citizenship rules 1956 and the validity of the government order was challenged on the ground of non-compliance of article .....

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