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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1983 Page 1 of about 21 results (0.039 seconds)

Sep 28 1983 (HC)

K. Mohammad Ahmed Vs. State of Kerala and ors.

Court : Kerala

Decided on : Sep-28-1983

Reported in : AIR1984Ker146

..... government. for this, it is necessary to briefly survey the relevant provisions of the constitution and also the citizenship act.5. under article 5 of the constitution any person who, at the commencement of the constitution, had his domicile in the territory of india, and (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of ..... be renounced under section 8 and can be deprived under section 10. sections 5, 6 and 7 apply to persons who are not citizens of india. section 6 provides for citizenship by nationalisation and section 7 relates to citizenship by incorporation of territory to the indian union.8. section 5, relevant here, states that subject to its provisions and such conditions and restrictions ..... blank papers, got his travel docu-ments and reached his homeland. he state that he did not have any intention to change his domicile or acquire the citizenship of pakistan. he desires to remain in india he was sought to be deported to pakistan. he took advice from his friends; and he filed applications before the central government. he filed an application ..... india; or (c) who have been ordinarily resident in the territory of india for not less than .....

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Apr 29 1983 (HC)

K.S. Haja Shareff Vs. the Governor of Tamil Nadu, Madras and ors.

Court : Chennai

Decided on : Apr-29-1983

Reported in : AIR1985Mad55

..... , country under the proposed amendment, or the commonwealth agreement, all such people who are inhabitants of those countries would ipso facto acquire all the rights of citizenship which are being conferred by this ' constitution upon the people of this country. i want to tell my friends that no such consequence need jbilow. the position under commonwealth relationship would be this : ..... citizen of this country and has taken oath as a member of the tamil nadu legislative assembly (hereinafter referred to as the assembly), under art. 188 of the constitution of india and has never functioned detrimental to the interests of this country. it is further alleged that the norms laid down by respondent 2 in the impugned order show that ..... , in the counter affidavit, had stated that the impugned order was passed strictly in accordance with the provisions of the constitution of india. on behalf of respondent 2, in the counter affidavit it is claimed that the constitution of india having vested exclusive jurisdiction in the governor and the election commission to decide the question of a post-election disqualification of ..... comprehended. the said appointment does not interfere with his domestic functioning in the assembly and that the petitioner has not functioned in any manner detrimental to the government of india. the impugned order having proceeded on the basis that accepting the order of appointment has itself resulted in disqualification only reflects the patent error on the face of the .....

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Sep 01 1983 (HC)

Sugandha Roy Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Sep-01-1983

Reported in : AIR1983Cal468

..... at the relevant time a part of raisahi division. after the partition. berubari union formed part of the state of west bengal and has been governed as such. the constitution of india was declared to be passed on 26th nov., 1949. as provided by article 394. only certain articles came into force as from that date and the remaining provisions came ..... to be in force from jan. 26 1950. article 1 of the constitution provided that india, that is, bharat shall be a union of states and that the states and the territories thereof shall be thestates and their territories specified in parts a, b ..... implementation of the indo-pakistan agreement familiary known as the nehru-noon agreement in terms of the provision providing for the merger of india enclaves in east pakistan with pakistan and the merger of pakistan enclaves in india with india. the constitution (ninth amendment) act, 1960 provided for its implementation. section 2 (a) of the saidamendment defined the appointed day for transfer as ..... of the proposed demarcation on the ground, inter alia, that the petitioners would be deprived of their right of citizenship and also of their property without payment of compensation. the constitutional question involved was whether compensation under article 31(2) of the constitution has to be provided for in respect of the petitioners before demarcation in implementation of the 9th amendment. calcutta .....

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Sep 30 1983 (HC)

Rajashri Yeshwant Jadhav and Etc. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-30-1983

Reported in : AIR1985Bom31; ILR1985Bom356

..... said movement was merely a movement for reorganisation of the state on linguistic basis and nothing more. it cannot be forgotten that though indian constitution had adopted a federal structure, it has not adopted the principle of dual citizenship, which is in vogue in america. a person may be resident of any place, might belong to any caste, creed or religion or ..... all the petitioners and the candidates getting the marks more than them by creating additional seats. a statement is also made that the government will approach the medical council of india for necessary permission. this being the position, we direct the state government to increase number of seats in the respondent medical college so as to accommodate the students whose total ..... productive and socially useful employment and simultaneously develop all other faculties. it is the plinth and foundation of education that it will satisfy the demands of the present situation in india. mere vocational training in itself is not sufficient nor it is desirable. vocational skill can be developed even at the cost of human values. medical college is not an educational ..... be taken into consideration, so as to judge the development of integrated personality of the candidate concerned. further as observed by the supreme court in chitra ghosh v. union of india : [1970]1scr413 . it is for the government which bears the financial burden of running medical college to lay down criteria for eligibility. the questions of policy must depend inter .....

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May 23 1983 (FN)

Verlinden B.V. Vs. Central Bank of Nigeria

Court : US Supreme Court

Decided on : May-23-1983

..... constitutionality of the act, held that the present action does not fall within any specified exception. the court of appeals, reaching a contrary conclusion as to jurisdiction under the constitution, did not find it necessary to address this statutory question. [ footnote 23 ] accordingly, on remand, the court of appeals must consider whether jurisdiction exists under the act ..... schooner exchange made clear, however, foreign sovereign immunity is a matter of grace and comity on the part of the united states, and not a restriction imposed by the constitution. accordingly, this court consistently has deferred to the decisions of the political branches -- in particular, those of the executive branch -- on whether to take jurisdiction over actions ..... a confirmed letter of credit for the purchase price. subsequently, petitioner sued respondent bank, an instrumentality of nigeria, in federal district court, alleging that certain actions by respondent constituted an anticipatory breach of the letter of credit. petitioner alleged jurisdiction under the provision of the foreign sovereign immunities act of 1976 (act), 28 u.s.c. 1330( ..... standards of the act, it may be brought in federal court regardless of the citizenship of the plaintiff. [ footnote 16 ] iv we now turn to the core question presented by this case: whether congress exceeded the scope of art. iii of the constitution by granting federal courts subject matter jurisdiction over certain civil actions by foreign plaintiffs against .....

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Jul 05 1983 (FN)

Carpenters Vs. Scott

Court : US Supreme Court

Decided on : Jul-05-1983

..... enclave subject to united states jurisdiction. [ footnote 4 ] in support of his bill, the congressman argued that congress had constitutional authority to legislate against private action in order to protect and secure the rights of national citizenship. referring page 463 u. s. 842 to justice washington's statement of national privileges and immunities in coreld v. coryell ..... , which, being committed within a place under the sole and exclusive jurisdiction of the united states, would, under any law of the united states then in force, constitute the crime of either murder, manslaughter, mayhem, robbery, assault and battery, perjury, subornation of perjury, criminal obstruction of legal process or resistance of officers in discharge of ..... history provides little assistance, probably because the congressional majority had little disagreement on the need to halt conspirational klan violence, and was far more concerned with its constitutional authority to criminalize such conspiracies. the general statements of the act's purpose give some indication of the breadth of the remedy congress provided. contrary to the court ..... on the basis of that allegation, and paid it scant attention. instead, we upheld the application of 1985(3) to private conspiracies aimed at interfering with rights constitutionally protected against private, as well as official, encroachment. neither is respondents' position helped by the assertion that, even if the fourteenth amendment does not provide authority to .....

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Aug 05 1983 (HC)

State of Kerala Vs. R. Sudarsan Babu and ors.

Court : Kerala

Decided on : Aug-05-1983

Reported in : AIR1984Ker1

..... 1)(a) does not control article 194(1) has been held by the supreme court in the reference made by the president of india under article 143 of the constitution, special reference no. 1 of 1964 (opinions reported in air 1065 sc 745). clause (2) of article 194 makes the freedom ..... of article 1, clause (5), discloses, a determination of petitioner powell's right to sit would require no more than an interpretation of the constitution. such a determination falls within the traditional role accorded courts to interpret the law, and does not involve a 'lack of the respect due ( ..... court. his case was that he could be excluded only if the house found that he failed to meet the standing requirements of age, citizenship and residence. these requirements he did meet. therefore it was claimed that he was excluded unconstitutionally. the district court dismissed his complaint for ..... discussion by the legislature despite the very wide amplitude of the right of discussion by the legislature has been conferred by article 211 of the constitution. true democratic spirit calls for mutual respect by these institutions and avoidance of trespass. the decision in the reference case has, to a ..... by the secretary of the legislative assembly that publication of expugned portions amounted to breach of privilege conferred by article 194(3) of the constitution and therefore the editor of 'searchlight' who was responsible for such publication was liable to be proceeded against. in answer the petitioner relied .....

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Jun 24 1983 (FN)

Franchise Tax Bd. Vs. Construction Laborers

Court : US Supreme Court

Decided on : Jun-24-1983

..... 738, 22 u. s. 823 (1824), and its limited legislative history suggests that the 44th congress may have meant to "confer the whole power which the constitution conferred," 2 cong.rec. 4986 (1874) (remarks of sen. carpenter). nevertheless, we have only recently reaffirmed what has long been recognized -- that "art. ..... their jurisdiction. when concerned as we are with the power of the inferior federal courts to entertain litigation within the restricted area to which the constitution and acts of congress confine them, 'jurisdiction' means the kinds of issues which give right of entrance to federal courts. jurisdiction in this ..... : "the district courts shall have original jurisdiction of all civil actions arising under the constitution, laws, or treaties of the united states." 28 u.s.c. 1331 (1976 ed., supp. v). [ footnote 7 ] since the first version ..... which it was removed. see 28 u.s.c. 1447(c). for this case -- as for many cases where there is no diversity of citizenship between the parties -- the propriety of removal turns on whether the case falls within the original "federal question" jurisdiction of the united states district courts ..... u.s.c. 1441. pp. 465 u. s. 7 -28. page 463 u. s. 2 (a) where there is no diversity of citizenship between the parties, as in this case, the propriety of removal turns on whether the case falls within the original "federal question" jurisdiction of united states .....

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Apr 13 1983 (HC)

In Re: Prison Reforms Enhancement of Wages of Prisoners Etc.

Court : Kerala

Decided on : Apr-13-1983

Reported in : AIR1983Ker261

..... during the period of imprisonment to be revived on his release? the answer to this, in the context of the indian constitution, is simple. a prisoner does not forfeit his citizenship nor does he lose his civil rights, except such rights as freedom of movement, which are necessarily lost because of the ..... and non-payment of such remuneration would also amount to 'forced labour' within the meaning of that term in article 23(1) of the constitution of india should not the prisoners be entitled to claim that by extracting not only hard labour but also free labour from them the provision in article ..... will proceed to examine how far their right to receive remuneration for their labour will be available to them as a constitutional right. article 23(1) of the consitution of india prohibits forced labour. our attempt here is to examine how far labour taken from the prisoners and not properly remunerated ..... this provision shall be an offence punishable in accordance with law'. though a restricted meaning was being given by some of the high courts in india to the terms 'forced labour' in this article treating that as something analogous to begar such an approach would not be warranted now. the ..... had also the benefit of hearing the arguments of advocates sri k. a. abdul salam and sri m.p. krishnan nair repersenting the law society of india. we also heard mr. vincent panikulangara, the secretary of the public interest law service society (pilss). the learned advocate general fairly placed before us the .....

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Jun 22 1983 (FN)

Karcher Vs. Daggett

Court : US Supreme Court

Decided on : Jun-22-1983

..... religion, or economic status, but other characteristics may become politically significant in a particular context. see clinton, further explorations in the political thicket: the gerrymander and the constitution, 59 iowa l.rev. 1, 38-39 (1973) (cognizable interest group with coherent and identifiable legislative policy); comment, political gerrymandering: a statutory compactness standard as ..... partisan or more in accord with various apportionment criteria. the state legislature necessarily must have discretion to accommodate competing considerations. i do believe, however, that the constitutional mandate of "fair and effective representation," reynolds, supra, at 377 u. s. 565 , proscribes apportionment plans that have the purpose and effect of substantially ..... arrange legislative districts so that each one has an identical number of residents, or citizens, or voters. mathematical exactness or precision is hardly a workable constitutional requirement." the states responded to wesberry by eliminating gross disparities between congressional districts. nevertheless, redistricting plans with far smaller variations were struck by the court ..... basic changes caused by the civil war amendments. they planted the roots that firmly support today's holding. the abolition of slavery and the guarantees of citizenship and voting rights contained in the thirteenth, fourteenth, and fifteenth amendments effectively repealed art. i, 2's requirement that some votes be given greater weight .....

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