Court : Gujarat
Decided on : Feb-24-1989
Reported in : (1989)2GLR865
..... submitted that the matter has to be referred to the central government as the decision as to whether the petitioner is a citizen of india or not has to be taken only by such authority constituted under the citizenship act. nevertheless mr. desai, distinguishing the case cited by mr. g.d. bhatt, appearing for respondents nos 1 and 3, which is reported in ..... are not prevented from determining other question concerning nationality of a person,... the appellants, claim 10 the citizenship of india was registered on the ground that having migrated to pakistan in 1948. they had never acquired indian citizenship. that might follow from art of the constitution of india. the jurisdiction of a civil court to decide that question is not in any way affected by ..... . in this connection we can usefully refer to article 5 of the constitution of india. article 5 reads as under:5. citizenship at the commencement of the constitution: at the commencement of this constitution every person who has his domicile in the territory of india and:(a) who has bom in the territory of india; or(b) either of whose parents was bom in the territory of ..... municipalities act, 1963 are ultra vires the provisions of articles 245 and 246 of the constitution of india read with schedule vi, list v, entry 17 thereof and section 9 of the citizenship act, 1955.3. it is an admitted fact that the petitioner herein uas born outside india i.e. in campala in africa, that the petitioner holds british passport, that the petitioner .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-25-1989
Reported in : AIR1989Kant226; ILR1989KAR457
..... this would take us to the question : is it freedom from state intervention or is it freedom through state action ?75. the concept of single citizenship, single integrated judiciary, single all india services under a constitution which is unitary in structure though federal in facade. to be conserved and nurtured in order to preserve the unity and integrity of the nation calls ..... is also a clear infringement of the fundamental right guaranteed to linguistic minorities under arts.29 and 30 of the constitution. (ii) the people of india constitute one nation. there is only one citizenship though there are innumerable languages spoken by them. out of these languages 18 or even 22 as recognised by the central sahitya academy are having rich literary heritage ( ..... the children that they are outsiders; though they are in their own country and is injurious to the feeling, of fraternity and inconsistent with one citizenship and one people, as we are, under the constitution.40. it is a matter of common knowledge that persons whose mother tongue is different from the official or regional language of a state reside ..... see page 17 of the dr. gokak committee report). however, major languages of india are fifteen which are specified in the 8th schedule to the constitution. .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-29-1989
Reported in : 1989CriLJ2044; 1989MPLJ451
..... there is a great deal of controversy between the parties, which requires a detailed examination of evidence and the writ court cannot exercise its jurisdiction under article 226 of the constitution of india, on serious disputed questions of fact as observed by the supreme court in : 1961crilj703 (supra). but after considering the contentions of the learned counsel and the material placed before ..... , 1956, sch. iii, rule 3 by the central government, before taking an action for deportation. section 9 of the act reads as under:9. termination of citizenship - (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th jan., 1950 and the commencement of this act voluntarily acquired or, as the ..... cause notice nor was afforded an opportunity of hearing to show that he has not migrated to pakistan, obtained a passport on declaration of that nationality and lost his indian citizenship by virtue of the act. the person affected ought to have been given a reasonable opportunity of hearing before deportation and an enquiry was necessary by the central government about ..... mohammad jalil khan.' the petitioner also contended that as aziz khan claimed to be an indian national, unless and until that question is determined under section 9(2) of the citizenship act, 1955 (hereinafter referred to as 'the act') aziz ahmed cannot be deported.4. the respondents resisted the petition and contended that the petitioner's father is not a .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-22-1989
..... statutes, that federal courts have "pendent" claim jurisdiction -- that is, jurisdiction over nonfederal claims between parties litigating other matters properly before the court -- to the full extent permitted by the constitution. mine workers v. gibbs, supra; hurn v. oursler, 289 u. s. 238 (1933); siler v. louisville & nashville r. co., 213 u. s. 175 (1909). [ footnote 1 ] ..... statute conferring diversity jurisdiction, leaving intact this rule of complete diversity. whatever may have been the original purposes of diversity of citizenship jurisdiction, this subsequent history clearly demonstrates a congressional mandate that diversity jurisdiction is not to be available when any plaintiff is a citizen of the same state as any ..... or value of $10,000 . . . and is between . . . citizens of different states." "this statute and its predecessors have consistently been held to require complete diversity of citizenship. that is, diversity jurisdiction does not exist unless each defendant is a citizen of a different state from each plaintiff. over the years, congress has repeatedly reenacted or amended the ..... against the united states, even though this would require the district court to extend its authority to additional parties for whom an independent jurisdictional base -- such as diversity of citizenship, 28 u.s.c. 1332(a)(1) -- is lacking. in 1807, chief justice marshall wrote for the court that "courts which are created by written law, .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-1989
Reported in : 177ITR61(Mad)
..... bikram sah, : 3scr793 . though the question that arose for decision before the supreme court was whether the respondent before it was a citizen of india regarding his qualification under article 173 of the constitution of india to contest the legislative assembly elections in bihar. the deciding that question, the supremn court had to consider the principles governing the change of domicile. the ..... us and there is, therefore, no knowing whether the deceased, m. t. veerappa pillai, had made any clear and unequivocal declaration under his hand to acquire citizenship to totally severing all his ties and connections with india including his domicile of origin. what is, however, significant is that the application stated to have been made by the deceased, m. t. veerappa pillai ..... without any evidence of an intention to abandon the domicile of origin would not be of any significance and that the circumstance that the deceased made an application for acquiring citizenship in ceylon, which however, was not granted would not also avail the accountable person to claim that the domicile of origin has been lost and a domicile of choice in ..... 1949, for registration as a citizen of ceylon. but, this application was not granted till he died on march 7, 1965. however, his ceylonese wife and children were later granted citizenship on the basis of the application filed by the deceased, m t veerappa pillai. he also left a will dated february 18, 1959 under which he bequeathed lifetime annuities of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-03-1989
Reported in : 30ITD275(Mum)
..... preponderance of evidence in this case, pointing to a definite decision taken by the deceased to domicile in usa by the act of applying for us citizenship. the commentaries on the indian succession act are very clear in stating that even a few hours stay in a foreign country is sufficient to establish ..... decision of settling down in usa. holding of a green card does not change the citizenship of a person. in the present case it is seen that even though the deceased was stating in usa he used to visit india for about 3-4 weeks every year up to his date of death. he has ..... death of the deceased and this issued should not be clouded by subsequent transfers or annual visits to india which were not to meet his parents at all as they were there ..... that early part of his life changed from india to usa then the annual visits to india or the 3 years postings in india or france will not alter the fact that the domicile of the deceased was in usa till 1976 and wherein his two sons had citizenship. the change of domicile was long before the ..... indian domicile all his movable property outside india is liable to estate duty. the indian legislature has in this respect adopted the same principle as is applied in the united kingdom (see phillips on prabate-duty, 5th edn. page 322).distinction between nationality and domicile. under the indian citizenship act of 1955 (act 57 of 1955 .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-13-1989
Reported in : AIR1990Kant87; ILR1989KAR3027; 1989(2)KarLJ540
..... selective basis to favour the trust notwithstanding its laudable objects and it was clearly violative of the rights guaranteed under art. 14 of the constitution to the citizens of india.30. in this context, it will not be inappropriate to extract the following passage in the judgment of the supreme court in thecase of ..... impugned in the writ petition was not in accordance with law and was in violation of the provisions of the b.d.a. act and the constitutional rights of the citizens. we therefore set aside the learned single judge's order under appeal and allow the writ petition and direct that rule ..... column (3) gives the following meaning to the word ;'civic -- adj. 1 of or pertaining to a city; municipal; civic problems 2 of or pertaining to citizenship; civil, civic duties; 3.....28. it is in this context, we have to again refer to cl. (f) of the deed of trust on which the ..... ilr (1986) 2 kant 3023) supra). in vani education centre's case, a division bench of this court did not more than state what may constitute an improvement in a scheme under the improvement act presumably and nothing more. putting it in another way that decision laid down that if vacant space ..... the learned single judge are as follows : the city improvement trust board of bangalore (hereinafter referred to as c.i.t.b.) which had been constituted under the provisions of the city of bangalore improvement act, 1945 (hereinafter referred to as the improvement act) prepared a development scheme to bring into existence .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1989
..... contention that the allowance of damages suits by private citizens against unconsenting states impermissibly expands the jurisdiction of federal courts beyond the bounds of article iii, since, by ratifying the constitution containing the commerce clause, the states consented to suits against them based on congressionally created causes of action. cf. fitzpatrick v. bitzer, supra. pp. 491 u. s. ..... beyond its precise terms -- then it would unquestionably be most reasonable to interpret it as providing immunity only when the sole basis of federal jurisdiction is the diversity of citizenship that it describes (which of course tracks some of the diversity jurisdictional grants in u.s.const., art. iii, 2). for there is no plausible reason why ..... (1890), which held that the eleventh amendment precludes individuals from bringing damages suits against states in federal court even where the asserted basis of jurisdiction is not diversity of citizenship, but the existence of a federal question. ii eight members of the court addressed the question whether to overrule hans only two terms ago -- but inconclusively, since ..... and forbids " constru[ing] " that power to extend to the enumerated suits -- language plainly intended to rein in the judiciary, not congress. it would be a fragile constitution indeed if subsequent amendments could, without express reference, be interpreted to wipe out the original understanding of congressional power. justice scalia attempts to avoid the pull of our prior .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-01-1989
Reported in : AIR1990SC111a; JT1989(2)SC254; 1989(1)SCALE1155; 1989Supp(1)SCC484; 2SCR853
..... meeting be called to sort out the difficulties in the disbursal of pension by the department of posts and that on issues such as grant of citizenship, loans etc. the position indicated in the minutes of the inter-ministerial meeting held on 6 july, 1987 should be maintained.5. the report ..... on 20 february, 1987 and after hearing the parties we were satisfied that settlement and habitation in that region should be encouraged. the region constitutes part of indian territory and is located on the indian border with china and burma. it is in the public interest and for the benefit ..... to them are provided. we had directed in our order of 20 february, 1987 that the final order should be made by the government of india after consideration of the report. it seems that the government considered the recommendations at an inter-ministerial meeting held in the home ministry of 6 ..... sides of longitude 97e., within the former tirup district in the nefa area (now in arunachal pradesh) lies substantial territory which is a part of india. it is claimed that major general guraya as inspector general assam rifles prepared a programmer for settling retired defence personnel, specially of the assam rifles ..... 32 of the constitution has been filed by two petitioners, the assam rifles multi-purpose co-operative society sited and major general a.s. guraya, avsm (retd.). vice-chairman of the said co-operative society. it is stated in this petition that on the north-eastern extremity of india, between latitudes 27n .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-01-1989
Reported in : AIR1990SC111; 1989(2)LC210(SC)
..... be called to sort out the difficulties in the disbursal of pension by the department of posts and that on issues such as grant of citizenship, loans etc. the position indicated in the minutes of the inter-ministerial meeting held on 6 july, 1987 should be maintained.5. the report ..... on 20 february, 1987 and after hearing the parties we were satisfied that settlement and habitation in that region should be encouraged. the region constitutes part of indian territory and is located on the indian border with china and burma. it is in the public interest and for the benefit ..... them are provided. we had directed in our order of 20 february, 1987 that the final order should be made by the government of india after consideration of the report. it seems that the government considered the recommendations at an inter-ministerial meeting held in the home ministry on 6 ..... sides of longitude 97e., within the former tirup district in the nefa area (now in arunachal pradesh) lies substantial territory which is a part of india. it is claimed that major general guraya as inspector general assam rifles prepared a programme for settling retired defence personnel, specially of the assam rifles, ..... article 32 of the constitution has been filed by two petitioners, the assam rifles multi-purpose co-operative society limited and major general a.s. guraya, avsm (retd.), vice-chairman of the said co-operative society. it is stated in this petition that on the north-eastern extremity of india, between latitudes 27n. .....Tag this Judgment!