Court : Madhya Pradesh
Decided on : Oct-31-1988
Reported in : AIR1989MP254; 1989MPLJ121
..... education in the districts of betul and hoshangabad alone could conferon them the rights of indian citizenship. they did not take any steps for acquiring indiancitizenship as provided under the citizenship act. on facts stated by the petitioners, article 7 of the constitution of india is not attractedbecause their sole contention is that they are indian citizens on basis of ..... that, the petitioners had never been citizens of india by virtue of the provisions in part ii of the constitution of india, nor they ever applied for acquiring indian citizenship under the citizenship act, 1955; that, they have an efficacious remedy for approaching the government of india for determining whether they were or not citizens of india, but instead of (resorting to) specific provisions ..... in exercise of the extraordinary jurisdiction under article 225 of the constitution of india cannot enter into the disputed area of whether citizenship should be conferred or not, which is the exclusive domain of the government of india. it seems clear that the petitioners have not taken any steps under the citizenship act; and if there are any humanitarian considerations, as ..... the purview of articles 5, 6 and 8 as aforesaid, may still not be citizens of india if they have migrated from india to pakistan, as laid down in article 7, or if they have voluntarily acquired the citizenship of any foreign state (article-9). the constitution has vested parliament with the power to regulate, by legislation, the rights to .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-11-1988
Reported in : 1989CriLJ1163; 1988(2)WLN303
..... in the instant case to establish by credible evidence that he was born in the territory forming part of india before the constitution of india came into force and that he had migrated or had gone to pakistan after the commencement of the constitution of india, in the instant case no such credible evidence has been produced. the version of the petitioner is that he ..... with his father. these findings of fact were arrived at by the courts. clearly therefore, the basic conditions that the person concerned should be citizen of india as envisaged by section 8 of the citizenship act 1955 were satisfied.4. it is clear from the provisions contained in section 9 of the foreigners act, 1946 that the onus of proving that the ..... arisen as to whether, when or how the petitioner had acquired the citizenship of pakistan and this question could only be determined by competent authority prescribed under the said provision.2. article 5 of the constitution provides that at the commencement of the constitution every person who has his domicile in the territory of india and (a) who was born in the territory of ..... the onus which rested upon him to prove that he was no foreigner. the petitioner having failed to establish that he was citizen of india, no question arises of the applicability of section 9(2) of the citizenship act, 1955.5. no other point was pressed. however, the learned counsel for the petitioner has urged that the petitioner has already remained in .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-02-1988
..... he never would have qualified for naturalization, and thus now would be properly subject to denaturalization. i respectfully dissent. [ footnote 3/1 ] prior to 1952, "illegal procurement" constituted grounds for revoking a citizen's naturalization. when congress enacted 340 of the immigration and nationality act of 1952, it dropped, without explanation, the "illegal procurement" provision, adding ..... erred in importing a materiality requirement into 1101(f)(6). nevertheless, we cannot affirm denaturalization under that section, because the question whether any misrepresentation made by kungys constituted "false testimony for the purpose of obtaining" immigration or naturalization benefits cannot be answered without resolving an additional question of law and an additional question of fact. ..... cannot be answered without resolving the additional question of law -- which this court will not resolve because the case must be remanded -- as to whether petitioner's misrepresentation constituted "testimony." moreover, an additional question, which must be resolved by the trier of fact, is whether, in making the misrepresentations, petitioner possessed the subjective intent of ..... states from the date of the petition up to the time of admission to citizenship, and (3) during all the period referred to in this subsection has been and still is a person of good moral character, attached to the principles of the constitution of the united states, and well disposed to the good order and happiness .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1988
..... component. see hampton v. mow sun wong, 426 u. s. 88 , 426 u. s. 100 (1976). assuming that these respondents can properly invoke the protections of the united states constitution, and granting that they are members of a special class that congress intended to favor with statutory entitlements to naturalization, they were not deprived of those entitlements without due process ..... reviewing naturalization petitions, federal courts sit as courts of equity," 796 f.2d at 1102, it is well established that "[c]ourts of equity can no more disregard statutory and constitutional requirements and provisions than can courts of law." hedges v. dixon county, 150 u. s. 182 , 150 u. s. 192 (1893). "a court of equity cannot, by avowing ..... naturalized "in the manner and under the conditions prescribed in this subchapter, and not otherwise." pp. 486 u. s. 882 -885. 2. assuming that respondents can properly invoke the constitution's protections, and granting that they had statutory entitlements to naturalization, there is no merit to their contention that the revocation of the vice consul's naturalization authority deprived them ..... powers, nor by any other means does a court have the power to confer citizenship in violation of the limitations imposed by congress in the exercise of its exclusive constitutional authority over naturalization. page 486 u. s. 876 since respondents have no current statutory right to citizenship under the expired provisions of the 1940 act, the ninth circuit lacked authority to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-1988
..... the court has considered whether, within the full panoply of legislative choices otherwise available to the state, there exist alternative means of furthering the state's purpose without implicating constitutional concerns. see piper, supra, at 470 u. s. 284 . appellants offer two principal justifications for the rule's requirement that applicants seeking admission on motion reside ..... burdened the right to practice law, a privilege protected by the privileges and immunities clause, by discriminating among otherwise equally qualified applicants solely on the basis of citizenship or residency. we conclude it has. b our conclusion that the residence requirement burdens a privilege protected by the privileges and immunities clause does not conclude the matter ..... examining claims that a citizenship or residency classification offends privileges and immunities protections, we undertake a two-step inquiry. first, the activity in question must be " sufficiently basic to the livelihood of the nation' . . ..... treatment." austin v. new hampshire, 420 u. s. 656 , 420 u. s. 660 (1975). while the privileges and immunities clause cites the term "citizens," for analytic purposes, citizenship and residency are essentially interchangeable. see united building & construction trades council v. mayor and council of camden, 465 u. s. 208 , 465 u. s. 216 (1984). when .....Tag this Judgment!
Court : Delhi
Decided on : May-16-1988
Reported in : AIR1989Delhi17; 1988(2)ARBLR167(Delhi); 35(1988)DLT294; 1988(16)DRJ345
..... not awarding the contracts in question to the petitioner is in clear violation of petitioner's fundamental rights guaranteed under articles 14 & 19 of the constitution of india.(7) the admission order made by the division bench dated december 17, 1985, reads as follows : 'mr.sibal states that castigating his work ..... which the government reserves the right to select any tender or reject all tenders without assigning any reason, is not vocative of article 14 of the constitution. lastly, he has cited a division bench judgment in sri rama engineering contractors v. construction engineer, civil engineering, department of space, which is ..... term applied to certain rights secured to the citizens of the united states by 13th and 14th amendments to the constitution and by various acts of congress made in pursuance thereto.(15) counsel for the petitioner has vehemently argued that to get a contract awarded ..... laws, freedom of contract, trial by jury etc. or as otherwise defined civil rights are rights appertaining to a person by virtue of his citizenship in a state or community. it was also laid down that rights capable of being enforced or redressed in a civil action and also a ..... petitioner was given contracts of the value of rs. 35.55 lakhs thereafter but the petitioner's performance has been unsatisfactory and a committee was constituted for reviewing his performance which in its meeting held on march 8, 1984, decided to debar the petitioner and one of the members of .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-29-1988
Reported in : (1989)1CALLT293(HC)
..... a hearing applies alike to judicial tribunals and bodies of persons invested with authority to adjudicate upon matters involving civil consequences. it is one of the fundamental rules of our constitutional set-up that every citizen is protected against exercise of arbitrary authority by the state or its officers, duty to act judicially would, therefore, arise from the very nature of ..... a hearing applies alike to judicial tribunals and bodies of persons invested with authority to adjudicate upon matters involving civil consequences. it is one of the fundamental rules of our constitutional set-up that every citizen is protected against exercise of arbitrary authority by the state or its officers. duty to act judicially would, therefore, arise from the very nature of ..... . or as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. rights capable of being enforced or redressed to a civil action. also a term applied to certain rights and fourteenth amendment to the constitution, and by various acts of congress made in pursuance thereof.'22. all the impugned orders suffer .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-13-1988
Reported in : ILR1989KAR615; 1989(3)KarLJ254
..... in all these petitions the common questions that arise for consideration are:1) whether the impugned orders violate the petitioners' fundamental rights under article 19(l)(g) of the constitution of india?2) whether these impugned orders impose a reasonable restriction on the petitioners' fundamental rights?3) are the petitioners entitled to plead that the impugned orders are violative of the ..... relied heavily on the document known as 'national policy on education - 1986' prepared by the ministry of human resources development, government of india. this report was aimed to promote national pride and progress, a sense of common citizenship and culture and to strengthen national integration. it laid stress on the need for radical reconstruction of the education system in our country ..... turning out substandard teachers.''the contention of the petitioners that the rules providing for centralised selection of candidates is violative of articles 14 and 19(1)(g) of the constitution of india is untenable inasmuch as centralised selection is evolved so as to remove the mal practices indulged in by the t.c.h. institutions by admitting un eligible candidates and ..... do not take away the right of the institutions or the societies to run the institutions and as such, it is well within the constitutional power conferred on the state under article 19(6) of the constitution of india. the rules are also not arbitrary inasmuch as there is a direct nexus to the object that is sought to be achieved viz., .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-1988
..... advisory committee, this court, and congress erred in their prima facie judgment that the rule in question transgresses neither the terms of the enabling act nor constitutional restrictions"). [ footnote 6 ] thus, a district court, sitting in diversity, must apply a federal statute that controls the issue before the court and ..... id. at 380 u. s. 467 -468, and n. 9. the decision of an important legal issue should not turn on the accident of diversity of citizenship, see, e.g., walker, 446 u.s. at 446 u. s. 753 , or the presence of a federal question unrelated to that issue. it ..... judge-made rule fails the second part of the twin-aims test as well, producing inequitable administration of the laws. the best explanation of what constitutes inequitable administration of the laws is that found in erie itself: allowing an unfair discrimination between noncitizens and citizens of the forum state. 304 u. ..... co. v. stentor electric mfg. co., 313 u. s. 487 , 313 u. s. 496 (1941). this rests upon a perception of the constitutional and congressional plan underlying the creation of diversity and pendent jurisdiction in the lower federal courts, which should quite obviously be carried forward into our interpretation of ambiguous ..... jurisdiction in this case was alleged to rest both on the existence of an antitrust claim, see 28 u.s.c. 1337, and diversity of citizenship, see 28 u.s.c. 1332. respondent does not suggest how the presence of a federal claim should affect the district court's analysis of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-13-1988
..... 's official stance might subvert the administration's legitimate inculcation of its own perception of community values. if mere incompatibility with the school's pedagogical message were a constitutionally sufficient justification for the suppression of student speech, school officials could censor each of the students or student organizations in the foregoing hypotheticals, converting our public schools into ..... 284 to reach that conclusion; we need only apply it. the enumerated criteria reflect the skills that the curricular newspaper "is designed to teach." the educator may, under tinker, constitutionally "censor" poor grammar, writing, or research, because to reward such expression would "materially disrup[t]" the newspaper's curricular purpose. the same cannot be said of official ..... tailored to serve its purpose. i public education serves vital national interests in preparing the nation's youth for life in our increasingly complex society and for the duties of citizenship in our democratic republic. see brown v. board of education, 347 u. s. 483 , 347 u. s. 493 (1954). the public school conveys to our ..... the adopted curriculum and its educational implications." app. 22. one might reasonably infer from the full text of policy 348.51 that school officials retained ultimate control over what constituted "responsible journalism" in a school-sponsored newspaper. although the statement of policy published in the september 14, 1982, issue of spectrum declared that "spectrum, as a student .....Tag this Judgment!