Court : Supreme Court of India
Decided on : Apr-25-1986
Reported in : AIR1986SC1534; (1986)88BOMLR301; 1986(1)SCALE606; (1986)4SCC78; 2SCR823
..... . while it was not disputed that the respondent was a citizen of india by virtue of article 5 of the constitution, there was no allegation that there had been a decision given on the question whether he had ceased to be a citizen of india by the competent authority under the citizenship act, 1955 nor was it the case of the appellant before us ..... the citizenship of a foreign state or (iii) is under any acknowledgement of allegiance or ..... constitution reads thus : 11. parliament to regulate the right of citizenship by law - nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.5. section 9 of the citizenship act, 1955 reads thus: 9. termination of citizenship. - (1) any citizen of india ..... as regards the termination of indian citizenship on the acquisition of the citizenship of a foreign country. sub-clause (d) of clause (1) of article 102 of the constitution provides that a person shall be disqualified for being chosen as and for being a member of either house of parliament (i) if he is not a citizen of india, (ii) or has voluntarily acquired .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-17-1986
Reported in : AIR1987Guj4
..... the territory, not connection with the membership of the community which is at the root of the notion of citizenship or nationality.13. at the time of the coming into force of the constitution of india, the petitioner's father was a domicil of gujarat both by birth as well as by choice. he was ..... of what is referred to above, i have to consider whether the family of a nayi of uttar pradesh who has migrated to gujarat before the constitution of india came into force can, be said to be a family not belonging to gujarat? in other words, whether the family of the petitioner and the ..... in the accompanying annexure i should be considered as socially and educationally backward for the purposes of art. 15(4) and art. 16(4) of the constitution of india.'annexure 'i' to the said resolution shows the castes/classes and groups recommended by the bakshi commission. entry no. 76 of the said annexure 'i' ..... in annexure 'i' to the said resolution to be s.e.b. class for the purpose of arts. 15(4) and 16(4) of the constitution of india. the said recommendation of the commission has been accepted by the government by the said resolution. the operative portion (i.e. para 2) of the said ..... 'citizenship by domicile', which is as under:'the term 'domicile' is not defined in the constitution. every person is born with a domicile of origin. in other words, every person has a domicile at his birth, which is called domicile of origin, this continues to prevail until he acquires a new domicile central bank of india .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-24-1986
Reported in : AIR1986AP204
..... it means that no man shall be so placed in the society that he can over-reach his neighbour to that extent it constitutes a denial of the latter's citizenship. (vide harold laski's 'grammer of polities' - 1979 india reprint page 153). equality means adequate opportunities laid open to all. by adequate opportunities, we cannot imply equal opportunity in the formal ..... to police appears to emanate from behind smoke screen, as motivated. from a conspectus of the above consideration, i am constrained to hold that the authorities have derelicted their constitutional and statutory duties under s. 20 of the act. accordingly the show cause notice is quashed and there shall be a direction to the respondents to recognise the institution ..... civil rights protection act providing rigorous punishment, the practice thereof is being perpetrated remorsely unabated. the dalits are in abject poverty with sub-human conditions. the preamble of the constitution assures social and economic justice with right to equality of opportunity and of status with dignity of person. article 14 provides right to equality and art. 19 provides seven ..... (3) (a) admittedly the people in the locality are the dalits, rickshaw pullers and daily wage earners. the school going children are 167 in number. article 45 of the constitution enjoins the state to provide compulsory free education. article 46 mandates the state to promote with special care the educational and economic interests of the dalits and to protect them .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-14-1986
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; 1SCR731; 1986(2)LC319(SC)
..... of our independence was the indian independence act, 1947, and it was in the exercise of power conferred by that act that the constituent assembly adopted and enacted the constitution of india. the setting up of the constituent assembly itself was an act of the british parliament. in 1940 the coalition government in great britain recognized the principle that indians should themselves ..... went in revision to the maharashtra revenue tribunal at nagpur and the tribunal allowed the said revision application. thereupon the first respondent filed a petition under article 227 of the constitution of india before the nagpur bench of the high court of bombay being special civil application no. 1392 of 1974. by reason of the provision of rule 18 of chapter xvii ..... bench of two judges of that high court from the judgment of a single judge of that high court in a petition filed under article 226 or 227 of the constitution of india?'3. the facts which have given rise to this appeal by special leave granted by this court need to be briefly stated. the first respondent, radhikabai, is a widow ..... position of the civil servants who act under them; the armed forces and the power to control them; the relations between the central government and local authorities; treaty-making power; citizenship; the raising and spending of public money; the general system of courts, and the tenure and immunities of judges; civil liberties and their limitations; the parliamentary franchise and electoral boundaries .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-07-1986
..... : "(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 ..... district courts are well known. first, congress recognized "the importance, and even necessity, of uniformity of decisions throughout the whole united states, upon all subjects within the purview of the constitution." martin v. hunter's lessee, 1 wheat. at 347-348 (story, j.) (emphasis in original). see also comment, federal preemption, removal jurisdiction, and the well-pleaded complaint ..... u.s.c. 1331 provides, in language that parrots the language of article iii, that the district courts shall have original jurisdiction "of all civil actions arising under the constitution, laws, or treaties of the united states." although this language suggests that congress intended in 1331 to confer upon federal courts the full breadth of permissible "federal question" ..... provide adequate page 478 u. s. 806 warning that its use was potentially dangerous. paragraph 26 alleged that the violation of the fdca "in the promotion" of bendectin "constitutes a rebuttable presumption of negligence." paragraph 27 alleged that the "violation of said federal statutes directly and proximately caused the injuries suffered" by the two infants. app. 22, 32 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-19-1986
Reported in : AIR1986AP209
..... fundamentally certain levelling process. it means that no man shall be so placed in the society that he can over-reach his neighbour to that extent which constitutes a denial of the latter's citizenship. (vide herold laski's 'grammer of politics', 1979 indian re-print, page 153). equality means adequate opportunities are laid open to all. by adequate opportunities, we cannot ..... of law, we have to see whether the petitioner, on adoption, becomes a member of the backward class. as indicated earlier, we would always keep in mind the constitutional march of making india secular casteless and classless state and enough leeway would be allowed for free mobility and interaction of all sections of the society into an integrated class. but we should ..... light of the discussion i have made, the conclusions reached by the mysore high court are in consonance with the scheme of the constitution and i respectfully agree with the same. with regard to khazan singh v. union of india, air 1980 delhi 60, the sheet anchor of sri hanumantha rao, the delhi high court confined the effect of adoption of jatt ..... aimed to end exploitation of the indian masses which meant that political freedom must include the economic freedom of the starving millions.'9. on january 26, 1950, the people of india set out their voyage with resolution to reach the temple of socio economic justice in democratic socialist secular republic charging the state i.e., the legislature, executive and judiciary to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-07-1986
..... the "fundamental values necessary to the maintenance of a democratic political system" disfavor the use of terms of debate highly offensive or highly threatening to others. nothing in the constitution prohibits the states from insisting that certain modes of expression are inappropriate and subject to sanctions. the inculcation of these values is truly the "work of the schools." tinker, ..... . justice black, dissenting in tinker, made a point that is especially relevant in this case: "i wish therefore, . . . to disclaim any purpose . . . to hold that the federal constitution compels the teachers, parents, and elected school officials to surrender control of the american public school system to public school students." 393 u.s. at 526. iv respondent contends that ..... . the determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board. the process of educating our youth for citizenship in public schools is not confined to books, the curriculum, and the civics class; schools must teach by example the shared values of a civilized social order. consciously ..... by 600 students. iii the role and purpose of the american public school system were well described by two historians, who stated: "[p]ublic education must prepare pupils for citizenship in the republic. . . . it must inculcate the habits and manners of civility as values in themselves conducive to happiness and as indispensable to the practice of self-government .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-19-1986
Reported in : AIR1988Raj2; 1987(1)WLN134
..... affects the life of the citizen and invites the death at an earlier date than the natural death.2. article 51a of the constitution has been inserted in the constitution of india vide 42nd amendment in 1976. we can call article 51a ordinarily as the duty of the citizens, but in fact it is the ..... perform the obligatory duties cast on the state. maintenance of health, preservation of the sanitation and environment falls within the purview of article 21 of the constitution as it adversely affects the life of the citizen and it amounts to slow poisoning and reducing the life of the citizen because of the hazards created ..... the state cannot be compelled by the citizens to disclose the facts, does not survive now to a great extent. under article 19(a) of the constitution there exists the right of freedom of speech. freedom of speech is based on the foundation of the freedom of right to know. the state can ..... also. the right cannot exist without a duty and it is the duty of the citizen to see that the rights which he has acquired under the constitution as a citizen are fulfilled.3. citizen has a right to know about the activities of the state, the instrumentalities, the departments and the agencies of ..... higher levels of endeavour and achievement. parliament in its wisdom has correctly used the word citizen instead of the word subject to create a feeling of citizenship amongst the masses and also to see that the persons living in the country do not feel that they are subjects. we were used to be .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-29-1986
Reported in : AIR1987Guj176; 1987(14)ECC81; (1987)1GLR537
..... not be saved by art. 19(2) or art. 19(6), because the impounding of the passport for an indefinite length of time would clearly constitute an unreasonable restriction. the union contended that though the period for which the impugned order was to operate was not specified in so many terms, it ..... indian territory on the basis of a foreign passport issued by the republic of south africa nor does he dispute that he is a foreign national having citizenship of south africa. as he admits this position, his passport becomes totally irrelevant for the inquiry under s. 51 of the act for infraction of ..... mentioned in the order, need to look at the original passport may arise for the appellate board and in the meantime, if the petitioner leaves india on his foreign passport the appellate board may not be able to look at the said passport. this apprehension is more imaginary than real. if ..... therein. we may in this connection refer to the observations of the majority judgment of the supreme court in the case of maneka gandhi v. union of india, (1978) 1 scc 248: (air 1978 sc 597), bhagwati, j. (as he then was) speaking for the majority has made the following pertinent ..... totally irrelevant. he, however, rightly conceded that question whether he was a foreign national who had entered into indian territory and who had resided in india may involve a question whether he had entered the indian territory armed with foreign passport and to that extent his foreign passport may become relevant. however, .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-11-1986
Reported in : 1986(3)BomCR681
..... to his interests. the petitioner was permitted to appear before the appropriate authority, viz., the central government, to decide whether or not the 1st respondent had voluntarily acquired iranian citizenship. this permission did not recognise or confer upon the petitioner the right to challenge the order when made.11. it was submitted that the fate of the petitioner's ..... respondent and, on the orders of the supreme court, the petitioner, had passed the order dated 1st may, 1986 holding that the 1st respondent had not voluntarily acquired iranian citizenship. when the special leave petition reached hearing thereafter, the supreme court vacated the injunction granted in the election petition and directed the court to proceed with its hearing on ..... central government under the provisions of the said section 9.6. the central government passed an order on 21st march, 1986 holding that the 1st respondent had voluntarily acquired iranian citizenship. thereafter, upon the special leave petition being called out, the supreme court was informed by the central government that it was rescinding its order dated 21st march, 1986 ..... comes up before us for admission today, challenges the order of government of india, ministry of home affairs, dated the 1st may, 1986 passed under the provisions of section 9(2) of the citizenship act, 1955. the order holds that the first respondent had not voluntarily acquired iranian citizenship.4. we propose to dismiss the petition in limine and set out briefly .....Tag this Judgment!