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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1979 Page 1 of about 26 results (0.033 seconds)

Jul 17 1979 (HC)

Shamim Bano Vs. the Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Jul-17-1979

Reported in : AIR1980Raj98

..... would exceed in its jurisdiction if it tries to enter into the question whether citizenship should be conferred on these children or not. as stated earlier, this is the exclusive domain of the ..... an overall view of the entire facts and circumstances of the case, this court in exercise of the extraordinary jurisdiction under article 226 of the constitution of india cannot enter into the disputed arena of facts whether the petitioner has been divorced or not. moreover, it is the function of the central ..... children and his wife to saudi arabia. it has been contended by him that shamim bano, the petitioner, wanted him to stay in india, and obtain the citizenship of this country. as he was unable to accede to her request, the whole trouble had started. it was also contended that he ..... has got a large family at macca, and it is not possible for him to come to india, remain with her and obtain the citizenship of this country. the learned counsel for mr. beg also contended that he is prepared to take his wife back to pakistan ..... citizenship should be conferred on the minor children or not. human factor that the minor children who are of the age of 6 months to 4 years, are being taken away from the mother, is a matter of consideration for the central government. 23. this court in exercise of the powers under article 226 of the constitution of india .....

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Sep 04 1979 (HC)

inder Mohan Bhardwaj Vs. Union of India and ors.

Court : Delhi

Decided on : Sep-04-1979

Reported in : AIR1980Delhi20

..... either house of parliament and mentions various eventualities. sub-clause (d) of clause (1) of the article contemplates an eventuality if he is not a citizen of india or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state. clause (c) provides that if he is so disqualified by or ..... civically militant electorate. in a democratic society like ours, relief must come through an aroused popular conscience that scars the conscience of the people's representatives(5) framers of the constitution also recognised this limitation. thus when dr. ambedkar was asked to introduce a disqualification against a convicted person being appointed a minister of state he disagreed on the ground that ..... . lekhi's case that respondent no. 2 is disqualified under any provision of the said act. the sole argument of mr. lekhi on which he seeks a declaration about the constitutional ineligibility .of respondent no. 2 to remain a minister is on the ground of the alleged disqualification mentioned in article 102(1)(d) i.e. under any acknowledgment of allegiance ..... written. the question however still remains whether these letters result in malring respondent no. 3 ineligible to remain a member of the council of ministers.(3) article 74 of the constitution provides for a council of ministers to aid and advise the president. article 75(1) provides for the appointment of ministers on the advice of the prime minister. no qualification .....

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Apr 02 1979 (HC)

Habib Ullah and anr. Vs. Gh. Ahmed Baba and ors.

Court : Jammu and Kashmir

Decided on : Apr-02-1979

Reported in : AIR1980J& K23

..... that the right of prior purchase act and the restrictions levied on the fundamental right of holding, acquiring and disposing of the property as envisaged under article 19 of the constitution of india were reasonable restrictions, therefore the constitutionality of the provisions of section of the right of prior purchase act was no longer open to challenge. this contention however is fallacious ..... position in so far as the state of j & k is concerned. this will be obvious from sub-section (7) which has been added to article 19 of the constitution of india. this sub-section lays down that it was the concerned legislature which was competent to say whether a certain restriction was or was not reasonable. sub-section (7) of article ..... general and in clause fifthly in particular were or were not reasonable restrictions and as such could be held to be in accordance with the constitution. article 19 of the constitution of india guarantees to the citizens of india what are termed as seven pillars of freedom, one of these pillars was contained in sub-clause (f) of clause (1) of article 19 ..... citizens of india certain fundamental rights including the right to acquire, hold, and dispose of property. all laws whether anterior or posterior were declared void under article 13 to the extent they were inconsistent with these rights though these rights too were subjected to certain restrictions. the constitution preached fraternity not on the basis of religion but on the basis of citizenship and .....

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Jun 11 1979 (FN)

Great American Fed. Sav. and Loan Assn. Vs. Novotny

Court : US Supreme Court

Decided on : Jun-11-1979

..... or go in disguise on the highway," 1985(3) afforded redress. thus, the former authorized a remedy for state action depriving an individual of his constitutional rights, the latter for private action. some privileges and immunities of citizenship, such as the right to engage in interstate travel and the right to be free of the badges of slavery, are protected by the ..... by appropriate legislation." id. at 403 u. s. 105 -106. by contrast, this court has never held that the right to any particular private employment is a "right of national citizenship," or derives from any other right created by the constitution. indeed, even congress, in the exercise of its page 442 u. s. 381 powers under the commerce clause of the ..... ) without regard to any state involvement. [ footnote 2/4 ] page 442 u. s. 384 other privileges and immunities of citizenship such as the right to due process of law and the right to the equal protection of the laws are protected by the constitution only against state action. shelley v. kraemer, 334 u. s. 1 , 334 u. s. 13 . if a state ..... constitution against interference by private action, as well as impairment by state action. private conspiracies to deprive individuals of these rights are, as this court held in .....

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Apr 17 1979 (FN)

Ambach Vs. Norwick

Court : US Supreme Court

Decided on : Apr-17-1979

..... s. 86 our society rests. [ footnote 2/6 ] after then observing that teachers play a critical part in all this, the court holds that new york's citizenship requirement is constitutional because it bears a rational relationship to the state's interest in furthering these educational goals. i perceive a number of difficulties along the easy road the court takes ..... light of the foregoing considerations, we think it clear that public school teachers come well within the "governmental function" principle recognized in sugarman and foley. accordingly, the constitution requires only that a citizenship requirement applicable to teaching in the public schools bear a rational relationship to a legitimate state interest. see massachusetts board of retirement v. murgia, 427 u. s. ..... teachers come well within the "governmental function" principle recognized in sugarman v. dougall, 413 u. s. 634 , and foley v. connelie, supra, and, accordingly, the constitution requires only that a citizenship requirement applicable to teaching in the public school bear a rational relationship to a legitimate state interest. pp. 441 u. s. 75 -80. page 441 u. s. 69 ..... unusual punishment for the crime of desertion in time of war. in afroyim v. rusk, 387 u. s. 253 (1967), the court held that the constitution forbade congress from depriving a person of his citizenship against his will for any reason. [ footnote 6 ] the dissenting opinion of mr. justice blackmun, in reaching an opposite conclusion, appears to apply a .....

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May 14 1979 (FN)

Chapman Vs. Houston Welfare Rights Organization

Court : US Supreme Court

Decided on : May-14-1979

..... 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." ibid. see also id. at app. 216-217 (sen. thurman): "this section relates wholly to civil suits. . . ..... that, because the right of peaceable assembly was an attribute of national citizenship, 92 u.s. at 92 u. s. 551 , rather than a right granted initially by the constitution, deprivation of this right was not proscribed by the "constitution or laws" language of 6 of the civil rights act of ..... law, suit in equity, or other proper proceeding for redress." [ footnote 7 ] article vi, cl. 2, of the united states constitution provides: "this constitution, and the laws of the united states which shall be made in pursuance thereof; and all treaties made, or which shall be made, ..... for equal rights of citizens" -- plainly negates the notion that jurisdiction over all statutory claims had already been conferred by the preceding reference to constitutional claims. thus, while we recognize that there is force to claimants' argument that the remedial purpose of the civil rights legislation supports an ..... . its whole effect is to give to the federal judiciary that which does not now belong to it. . . . it authorizes any person who is deprived of any right, privilege, or immunity secured to him by the constitution .....

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Jun 26 1979 (FN)

Hutchinson Vs. Proxmire

Court : US Supreme Court

Decided on : Jun-26-1979

..... . . . . we interpret the footnote to the court of appeals opinion in this case, where jurisdiction is based upon diversity of citizenship, to indicate its view that . . . the appeal could not be decided without reaching the constitutional question." in light of the necessity to do so, we therefore reach the first amendment issue as well as the speech or debate ..... grants for research could be classified as a public figure -- a conclusion that our previous opinions have rejected. the "use of such subject matter classifications to determine the extent of constitutional protection afforded defamatory falsehoods may too often result in an improper balance between the competing interests in this area." time, inc. v. firestone, supra, at 424 u. s. ..... made outside the chamber. in brewster, supra at 408 u. s. 507 , we observed: "the immunities of the speech or debate clause were not written into the constitution simply for the personal or private benefit of members of congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators." claims under the ..... were employed by crown authority to intimidate legislators. yet we cautioned that the clause "must be interpreted in light of the american experience, and in the context of the american constitutional scheme of government, rather than the english parliamentary system. . . . [t]heir parliament is the supreme authority, not a coordinate branch. our speech or debate privilege was designed .....

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Jun 18 1979 (FN)

Torres Vs. Puerto Rico

Court : US Supreme Court

Decided on : Jun-18-1979

..... to govern the territories. id. at 195 u. s. 148 . the doctrine that the constitution does not guarantee grand and petit juries in unincorporated territories was applied to puerto rico, notwithstanding that its residents theretofore had been granted united states citizenship, in balzac v. porto rico, 258 u. s. 298 (1922). on the other hand, this court ..... frontier of the united states; virtually all have international airport facilities subject to federal customs controls. we therefore hold that the search pursuant to public law 22 violated constitutional guarantees; accordingly, evidence obtained in the search of appellant's luggage should have been suppressed. the judgment of the supreme court of puerto rico is therefore reversed, ..... 2 ] torres made an untimely motion for reconsideration in the puerto rico supreme court, asserting that the application of art. v, 4, to his appeal violated federal constitutional guarantees of due process. presumably because of the untimeliness, the court denied the motion without opinion. torres seeks to renew this contention here. since the judgment of conviction must ..... s. 14 (1957) (plurality opinion): "[n]either the cases nor their reasoning should be given any further expansion. the concept that the bill of rights and other constitutional protections against arbitrary government are inoperative when they become inconvenient or when expediency dictates otherwise is a very dangerous doctrine, and, if allowed to flourish, would destroy the benefit .....

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Symm Vs. U.S

Court : US Supreme Court

Decided on : Jan-01-1979

..... , and the district court may have been justified in concluding that the appellant registrar violated rights guaranteed to prairie view students under the twenty-sixth amendment to the united states constitution. if the case were here, therefore, on a petition for certiorari and fell within our discretionary jurisdiction, i would have no hesitation in voting to deny certiorari. but this case ..... ,4 and therefore from the corresponding grant of jurisdiction in 1343(3), we held 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 ..... v. kroger, 437 u.s. 365 d 274 (1978), we must carefully inquire not only into the existence of a case or controversy under art. iii of the united states constitution but also into the statutory grant of jurisdiction to the district court. in aldinger this court observed that "as against a plaintiff's claim of additional power over a 'pendent ..... states, such actions against states or political subdivisions, including actions for injunctive relief, as he may determine to be necessary to implement the twenty-sixth article of amendment to the constitution of the united states." 42 u.s.c. 1973bb(a)(1) (emphasis added). suits brought under the statute "shall be heard and determined by a court of three judges . . . ." .....

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Mar 23 1979 (HC)

The Superintendent of Police, Cachar and ors. Vs. Abdul Rashid

Court : Guwahati

Decided on : Mar-23-1979

..... permanent residence, which is his ancestral home, within silchar town in the district of cachar and that at no point of time he lost his citizenship of india.4. the appellants contested the suit by filing two separate written statements -- one purported to be on behalf of the state of assam and ..... december, 1947, as he opted to serve in pakistan, but in the year 1949 he left his service in east pakistan and came to india and since then he has been residing illegally at tikarbasti in silchar town. it was further alleged that in the year 1952 the respondent by ..... their agents from deporting him from india and also from removing him from the post of jail warder. the facts necessary for the purpose of disposal of this appeal may be stated ..... against the appellants namely (1) the superintendent of police, dist. cachar (2) the deputy commissioner, cachar and (3) secretary to the government of india, ministry of home affairs (appellants 1 to 3 herein) for a declaration that he is an indian citizen and for a perpetual injunction restraining them and ..... foreigners act on the respondent, his wife and six daughters asking them to quit india on the allegation that they are pakistani nationals. thereafter, on the representation of the respondent, the matter was referred to the foreigners tribunal, constituted under the foreigners (tribunal) order 1964, for opinion as to whether the respondent .....

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