Court : Allahabad
Decided on : Feb-06-1987
Reported in : AIR1990All9
..... be traced for a long time and was ultimately arrested on 8-3-1975 from the house of his father at maghar.4. article 7 of the constitution is as follows:--'7. rights of citizenship of certain migrants to pakistan -- notwithstanding anything in articles 5 and 6, a person who has after the first day of march, 1947, migrated ..... also a minor on 26-1-1950 when the constitution of india came into force but this is of no importance in view of the decision of the supreme court in kulathil mammu v. state of kerala : 1966crilj1217 in ..... resettlement or permanent return issued by orunder the authority of law he shall not be deemed to be a citizen of india in view of art. 7 of the constitution of india. he was thus not a citizen of india on 26-1-1950. it is true that he was a minor in 1948 when he migrated to pakistan and was ..... pakistani pass-port and an indian visa.6. as a decision under s. 9(2) of the indian citizenship act is necessary only in those cases in which a citizen of india on 26-1-1950 has acquired the citizenship of any other country it was obviously not required to be obtained in the case of the applicant who was ..... the applicant was born on 5-6-1932 in village maghar, police station khalilabad in the district of basti and migrated to pakistan in 1948. he came to india on 16-9-1954 on pakistani passport no. 199376 dated 24-7-1954 and indian visa of category c no. 48284 dated 25-8-1954 valid till 24- .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-24-1987
Reported in : 1987WLN(UC)238
..... relied on in view of the circumstances explained above. when this is not proved that he was in india at the time of partition, then the presumption regarding citizenship under article 5(1) of the constitution is not available to him. he has stated that he served in bombay and remained therefor about 7 ..... national. he of course, entered on a pak passport but he contended that he is a citizen of india and he applied to the government of india under section 9 of the citizenship a to grant him citizenship. the facts of this case had no application to the present case. here, the accused has failed ..... the border. had any permission been sought from the competent authority it would certainly have been refused. he was found indulging in smuggling the goods from india to pakistan and, therefore, the courts below were right in holding him quilty for contravention of clause (3) of the foreigners order, 1948. as observed ..... but he has been charged for contravention of clause (5) of the foreigners order, 1948. it has been alleged against him that he entered into india without any permission of the competent authority and without possession of any valid passport or travel documents. it was on him to prove that he possessed ..... to prove that he was in india at the time, the partition took place on the basis of ex. d .....Tag this Judgment!
Court : Chennai
Decided on : Apr-08-1987
Reported in : (1988)1MLJ97
..... the territory of india, and to settle, acquire, hold and dispose of property in any part of that territory. as the supreme ..... the state for which it was being used immediately before the commencement of the constitution, until the legislature of the state otherwise provides by law. in other words, such a legislation must expressly exclude the use of english.18. our constitution has established a single indian citizenship throughout india. article 19 guarantees to every citizen the fundamental right to move freely throughout ..... , the argument that it is violative of arts. 15 and 16 cannot be accepted. nor again is there any infringement of article 21.19. if the constitution is to function in the spirit in which it was ..... equality provisions of article 15 of our constitution forbid discrimination against citizens on the ground of religion, race, caste, sex and place of birth. language is not included in this list, but a discrimination on the ground of language is opposed to the basic concept of the unity of india to which a common indian citizenship and a common country testify. therefore .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-08-1987
Reported in : (1987)89BOMLR263
..... foreign adoption and on permission being granted, selected gulab and laxmi for being considered to be given in foreign adoption. mrs. rao thereafter, as constituted attorney of one lidrot of sweden, filed miscellaneous petition no. 365 of 1980 for appointment as guardian of gulab in accordance with provisions of ..... of mr. eriksson and his wife, and that decree of adoption has become final. the swedish department of immigration granted the adopted children swedish citizenship on august 3, 1981 and on being adopted gulab and laxmi were granted swedish names of anna and sofia respectively. the swedish authorities forwarded ..... at home and in school with good peer-relations and is totally integrated in the present family with no recollections of her time in india. as regards the elder girl, the psychiatrist has opined that see has certain neurological handicaps which can be best treated and compensated in her ..... the values and mode of living prevalent there. both have formed many friendship and have spare time interests. sophia does not remember anything of india as she was too young when she left the country; while anna remembers her childhood home, but has no clear recollections of her natural ..... them to be allowed to remain in settled and secured conditions with their adoptive parents in sweden. it was also opined that visit to india would be positively harmful to their mental health and therefore the social committee opposed the demand of removing the children from sweden and bringing .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1987
Reported in : 1988CriLJ1627
..... of wife is that of her husband, the petitioner relied on the following case laws apart from depending upon the commentary on the constitution of india by dr. durga das basu (vol. a) (sixth ed 1982) (article 5) (section on 'domicile') (page 196 - '3 domicile may also ..... enquiry under section 125 read with section 126 of the criminal p.c.10. section 125 of the cri.p.c. can be applied irrespective of citizenship and of personal law of the petitioner husband. in : 1985crilj875 commonly known as shabano's case (mohd. ahmed khan v. shah bano begun) ..... citizen of that state, which is now non-existent or was a domicile therein, to continue to arrogate even after its disappearance, either a citizenship or a domicile with reference to that quondam state.7. in support of his contention that in accordance with the private international law the domicile ..... contentions but he wanted to produce certain documents like passport, visa, naturalisation certificate etc. in this court to prove acquisition of his u.s. citizenship. it is an admitted position that the husband and wife had lived together and had their matrimonial home in the united states of america between ..... 7,8,9,10, 11 and 23) and further domicile of a legitimate minor is that of the father and further that citizenship and domicile represent two different concepts. citizenship has reference to political status of a person and domicile relates to his civil rights. classic statement on the subject was made .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1987
Reported in : (1987)0CALLT491(HC),92CWN352
..... her husband the petitioner relied on the following case laws apart from depending upon the commentary on the constitution of india by dr. durga das basu (volume a) (sixth edition--1982) (article 5) (section on 'domicile') (page 196--'(3) domicile may also be.........by remarriage.').a.i.r. commentaries on ..... the trial or enquiry under section 125 read with section 126 of the code of criminal procedure.9. section 125 of the code of criminal procedure code can be applied irrespective of citizenship and of personal law of the petitioner husband. in : 1985crilj875 commonly known as shah bano's case (mohd. ahmed khan v. shah bano begum and ors.) at paragraph 10 of ..... open to a person who was a citizen of that state which is now nonexistent or was a domicile therein to continue to arrogate even after its disappearance either a citizenship or a domicile with reference to that quondam state.6. in support of his contention that in accordance with the private international law the domicile of wife is that of ..... trial court in support of his contentions but he wanted to produce certain documents like passport, visa, nationalisation certificate, etc., in this court to prove acquisition of his u/s. citizenship. it is an admitted position that the husband and wife had lived together and had their matrimonial home in the united states of america between july 1972 and may 1978 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-20-1987
Reported in : AIR1987SC1169; JT1987(1)SC520; 1987(1)SCALE385; (1987)2SCC223; 2SCR369; 1987(2)LC81(SC)
..... , the government may make these persons eligible by issuing appropriate executive directions without even having to introduce any legislation. the petitioners have a justifiable grievance. we are told that they constitute nearly seven to eight per cent of the population of the state of jammu & kashmir. surely they are entitled to expect to be protected by the state of jammu & ..... the electoral roll, to acquire land, to be elected to the panchayat, etc. etc. this can be done by suitably amending the legislations without having to amend the jammu & kashmir constitution. in regard to providing employment opportunities under the state government, it can be done by the government by amending the jammu & kashmir civil services, classification of control and appeal rules ..... not open to challenge as inconsistent with the rights guaranteed by part iii of the constitution of india because of 'the constitution (application to jammu & kashmir) order, 1954' issued by the president of india under article 370(1)(d) of the constitution by which article 35(a) was added to the constitution in relation to the state of jammu & kashmir. this article states:35-a. ..... the advancement of the cultural, economic and educational rights of these persons. we do hope that the claims of persons like the petitioner and others to exercise greater rights of citizenship will receive due consideration from the union of india and the state of jammu & kashmir. we are, however, unable to give any relief to the petitioners. .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-24-1987
Reported in : AIR1988AP295
..... is that extraction of work by the state from the prisoners convicted of rigorous imprisonment without paying for such work is contrary to the mandate of. art. 23 of the constitution of india which has forbidden the -practice of forced labour in our republic. the petitioner argues that even those prisoner convicted to hard labour are entitled to be paid for the ..... labour. it is difficult to believe that art. 23 of the constitution is designed to away silently and stealthily with these well-known avid well- established systems of punishment involved in imposition of rigorous imprisonment and recognised by the civilised world, or ..... be rejected to. it must, therefore, be accepted that forced labour is different from labour extracted as punishment. it is for this reason that the will amendment to the american constitution excepts by way of abundant caution punishment imposed for crimes from the category of involuntary, servitude and that even art. 8 of the covenant human rights as forced or compulsory ..... purpose cannot be considered as trafficking in human beings or begar. that is the incidence of citizenship. the justification for enacting sub-clause ,to art. 23 has to be found in the anxiety of the constitution to foreclose. a possible argument that such an incidence of citizenship may also fall under the prohibited category of the forced labour. 6. a prisoner in serving .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-22-1987
..... into any capital sentencing decisions or that race was a factor in petitioner's case. the likelihood of racial prejudice allegedly shown by the study does not constitute the constitutional measure of an unacceptable risk of racial prejudice. the inherent lack of predictability of jury decisions does not justify their condemnation. on the contrary, it is ..... today holds that, even though the fourteenth amendment was aimed specifically at eradicating discrimination in the enforcement of criminal sanctions, allegations of such discrimination supported by substantial evidence are not constitutionally cognizable. but see batson v. kentucky, 476 u. s. 79 , 476 u. s. 85 (1986) (allegations of racially discriminatory exercise of peremptory challenges by ..... apply a lesser standard of scrutiny under the equal protection clause. the court concludes that "legitimate" explanations outweigh mccleskey's claim that his death sentence reflected a constitutionally impermissible risk of racial discrimination. the court explains that mccleskey's evidence is too weak to require rebuttal "because a legitimate and unchallenged explanation for the decision ..... 407 (1857). only 130 years ago, this court relied on these observations to deny american citizenship to blacks. ibid. a mere three generations ago, this court sanctioned racial segregation, stating that "[i]f one race be inferior to the other socially, the constitution of the united states cannot put them upon the same plane." plessy v. ferguson, 163 .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-19-1987
Reported in : AIR1988Cal259,92CWN539
..... is not necessary to enable a foreigner to institute such a suit and there is also nothing in law to prevent a foreigner from acquiring a domicle in india notwithstanding his non-indian citizenship. may we remind ourselves of tagore's celebrated message to the effect that 'everyone will have to join here with bowed, heads, on the shore of this vast ..... 32 of the constitution for the enforcement of the right, he can have recourse to all other courts, and thereafter also to the supreme court, for protection of that right. under section 83 of ..... right not to be deprived of his property save by authority of law and while it was a fundamental right under article 31(1) till 1979, the right, though still constitutionally guaranteed under article 300a, has lost the earlier label of fundamentality, with this resultant difference that while a foreigner can no longer rush directly to the supreme court under article ..... to a five judge bench decision of the supreme court in chunilal v. mehta v. century spg. and mfg. co. : air1962sc1314 , where the provisions of article 133(1) of the constitution, as it stood then, were being construed which provided that where the judgment, decree or final order appealed from affirmed the decision of the court immediately below in any case .....Tag this Judgment!