Court : Karnataka
Decided on : Oct-05-1990
Reported in : AIR1991Kant194; 1991CriLJ1408; 1991(32)ECC332
..... of the act.13. to therefore the contention, it is urged that neither arts. 5 to 10 of the constitution of india nor ss. 3 to 6 of the citizenship act, 1955 provide for status of citizenship by origin to the wife of an indian citizen and that the notification issued is violative of the provisions of ..... is no substance in the claim of the petitioner that she being a citizen of u.s. a. cannot be treated as a resident of india and that the citizenship act has no relevance to the question involved. it is contended that the restrictions imposed under s. 8 of the act and the power ..... of appeal and not having exhausted the same, the petitioner cannot invoke the writ jurisdiction under art. 226 of the constitution.19. the question is whether the petitioner is a 'person resident in india' as defined under s. 2(p) of the act and whether the impugned action should fail as legally impermissible.20 ..... u.s. a. and the operation of the accounts continued even subsequent to her marriage. after her marriage, she did not renounce her citizenship of america and when she came to india, she registered herself as a foreigner under the foreigners act, 1946. her visa is being extended from time to time by the concerned ..... arts. 5 to 10 of the constitution and also ss. 3 to 6 of the citizenship act and the rules thereunder. .....Tag this Judgment!
Court : Chennai
Decided on : Mar-29-1990
Reported in : AIR1991Mad203
..... adduced before the election tribunal.9. it is necessary now to find out whether the election tribunal has arrived at a correct finding with regard to the citizenship, under art. 5 of the constitution of india.10. it is to be mentioned at this stage, that after remand in the election petition, the first respondent's mother was further examined through an ..... . it will be seen from art. 5 of the constitution of india that at the commencement of the constitution domicile formed a basic condition among others for the acquisition of citizenship. article 5 of the constitution reads as follows :--'5. at the commencement of this constitution, every person who has his domicile in the territory of india and... (a) who was born in the territory of ..... territory of india; or (c) who has been ordinarily resident ..... india; or (b) either of whose parents was born in the .....Tag this Judgment!
Court : Chennai
Decided on : Mar-29-1990
Reported in : (1990)2MLJ90
..... adduced before the election tribunal.9. it is necessary now to find out whether the election tribunal has arrived at a correct finding with regard to the citizenship, under article 5 of the constitution of india.10. it is to be mentioned at this stage, that after remand in the election petition, the first respondent's mother was further examined through an ..... . it will be seen from article 5 of the constitution of india that at the commencement of the constitution domicile formed a basic condition among others for the acquisition of citizenship. article 5 of the constitution reads as follows:5. at the commencement of this constitution, every person who has his domicile in the territory of india and..(a) who was born in the territory of ..... of india; orc) who has been ordinarily resident in ..... india; or (b) either of whose parents was born in the territory .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-17-1990
Reported in : AIR1991Cal289,(1991)2CALLT246(HC),95CWN907
..... et forma and, when so accepted, there cannot be any scope for escaping from the inescapable, and resisting the irresistible, conclusion that the petitioner was a citizen of india at the commencement of the constitution. in fact, in support of the impugned order, what has been mainly, if not solely, urged for and on behalf of the respondents is that the petitioner ..... though the person was an indian citizen, the central government has determined under the aforesaid provision that he has ceased to be so having voluntarily acquired a foreign citizenship, and the order to quit india is pursuant to and follows such determination. it is not possible to countenance the view that any officer or authority, other than the central government, can determine ..... is disposed of.6. i would accordingly direct that the petitioner, if he so chooses, may make an application u/s. 5(1)(c) of the citizenship act, 1955 for registration as a citizen of india to the prescribed authority within two months from this date and on his making any such application within the period as aforesaid, the authorities concerned shall ..... , though originally a citizen of india, has voluntarily acquired citizenship of pakistan by obtaining pakistani passport(s), and that it has now been so determined by the central government under section .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-12-1990
Reported in : 1991CriLJ613
..... he then was) and p. a. choudary jj. in contempt case nos. 27, 29 and 31 of 1977, dealing with an identical question, after noticing the relevant provisions in the constitution of india, the indian penal code, the criminal procedure code, the judicial officers' protection act and the contempt of courts act, came to the conclusion that : '...... a judge of the high court discharging ..... act, 1971. 10. r. 24 of the rules framed by this court u/s. 23 of the contempt of courts act read with arts. 215 and 227 of the constitution of india says that this court may determine the matter of contempt either on the affidavits filed or after taking such further evidence as may be necessary and this court may direct ..... ) observed that 'the indian federation is an artificial federation ......' the result of his critical study of the constitution is that it leans heavily in favour of a strong centre : 'the power given the union to alter state boundaries, the universal and single indian citizenship, the concurrent legislative powers for the union and the states with overriding powers to the centre, the vesting ..... . american federalism is not our prototype : the contrast stares in the eye. our federation is not the result of a compact between the states, we do not have a dual citizenship, we have no two tier judicial system to interpret union and state laws, neither our governors nor our judges are elected by the people, the residuary powers are not vested .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1990
Reported in : AIR1990SC1692; JT1990(2)SC297; 1990(1)SCALE924; 1990Supp(1)SCC545; 3SCR24
..... reported in air 1983 cal. at p. 483. it was held therein that there being no gazette notification fixing any 'appointed day' within the meaning of ninth constitution amendment in respect of the eastern india, particularly the berubari union and the pakistani enclaves, and no gazette notification having yet been issued, it was clear that 9th amendment so far as it related ..... certain articles came into force as from that date and the remaining provisions came to be in force from january 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 the states and their territories specified in parts a, b ..... act, 1960, it provided the definitions and amendments to the first schedule to the constitution. in 1966, writ petitions were filed challenging the validity of the proposed demarcation as also raised the question as to whether the proposed transfer of berubari union would result in deprivation of citizenship and property without compensation. the writ petitions were dismissed eventually by this court. the ..... said decision is reported in ram kishore sen and ors. v. union of india and ors. : 1scr430 .5. in 1971, a sovereign independent state known as 'bangladesh' came .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-01-1990
..... respect to petitioners' jurisdictional challenge, the court of appeals found complete diversity, reasoning that arkoma's citizenship should be determined by reference to the citizenship of the general, but not the limited, partners. we granted certiorari. 490 u.s. 1045, (1989). ii article iii of the constitution provides, in pertinent part, that "the judicial power shall extend to . . . controversies . . . ..... plead, only through their representatives or curators. for the purposes of a suit or controversy, the persons represented by a corporate name can appear only by attorney, appointed by its constitutional organs. . . . [t]hey are not really parties to the suit or controversy." ibid . having concluded that the shareholders were not the real parties to the controversy, ..... jurisdiction is strawbridge v. curtiss, 3 cranch 267 (1806), in which the court held that "complete diversity" is required among "citizens" of different states. complete diversity, however, is not constitutionally mandated. see state farm fire & casualty co. v. tashire, 386 u. s. 523 , 386 u. s. 530 -531 (1967) (statutory interpleader need not satisfy complete diversity requirement ..... ("the duties of this [c]ourt, to exercise jurisdiction where it is conferred, and not to usurp it where it is not conferred, are of equal obligation. the constitution, therefore, and the law, are to be expounded, without a leaning the one way or the other, according to those general principles which usually govern in the construction of .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-1990
Reported in : 1991CriLJ2921
..... the government of singapore on foreigners, he was forced by circumstances beyond his control to obtain a singapore passport, without any intention of relinquishing or surrendering his indian citizenship. he returned to india on 5-5-1984 after closing down his establishments at singapore. the petitioner herein also received a communication from the police directing him to produce his travel documents and ..... his livelihood and, by force of circumstances in view of the laws of singapore, he had obtained a singapore passport. he had not surrendered or relinquished his indian citizenship. he had come down to india on 14-6-1984. after summoning the petitioner to produce his travel documents, the district superintendent of police, nagercoil, not acceding to his plea that he was ..... an authority contemplated therein in such a manner and having regard to such rules and evidence as may be prescribed. schedule iii, u/s. 32 of the citizenship rules, under cl. (3) states that 'the fact that a citizen of india has obtained any different passport from the government of any other country shall be conclusive proof of his having voluntarily acquired ..... courts. in ibrahim v. state of rajasthan : 1965crilj506 it was stated that it was only where there was proof that a person was, to start with, a citizen of india and it was alleged that he had lost his indian citizenship by reason of his acquiring the nationality of a foreign state, that the question of invoking s. 9(2) of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-04-1990
..... course, sometimes found it necessary to limit local control over schools in order to protect the constitutional integrity of public education. "that [boards of education] are educating page 496 u. s. 290 the young for citizenship is reason for scrupulous protection of constitutional freedoms of the individual, if we are not to strangle the free mind at its source ..... , against students who wish to meet on school premises during noninstructional time. the remaining statutory question is whether petitioners' denial of respondents' request to form a religious group constitutes a denial of "equal access" to the school's limited open forum. although the school apparently permits respondents to meet informally after school, app. 315-316, respondents ..... (shield) and the student newspaper (lance)"; dramatics "is an extension of a regular academic class"; and orchestra "is an extension of our regular curriculum." these descriptions constitute persuasive evidence that these student clubs directly relate to the curriculum. by inference, however, the fact that the descriptions of student activities such as subsurfers and chess do not ..... the establishment clause. noting that the act extended the decision in widmar v. vincent, supra, to public secondary schools, the court of appeals concluded that "[a]ny constitutional attack on the [act] must therefore be predicated on the difference between secondary school students and university students." 867 f.2d at 1080 (footnote omitted). because "congress .....Tag this Judgment!
Court : Chennai
Decided on : Oct-26-1990
Reported in : 189ITR760(Mad)
..... case, the controversy related to the question whether the respondent before the supreme court was a citizen of indian so as to fulfil the qualification under article 173 of the constitution of india to contest the assembly election in bihar, and in deciding that question, the principles governing the change of domicil came to be considered by the supreme court. the following ..... , which was valid till january 19, 1960, and it is quite possible that being fully posted with the local business conditions, he had thought it worthwhile and prudent to secure citizenship of malaya in 1958 and on that footing, had obtained a malayan passport in 1962. we have not had the benefit of ascertaining the conditions under which malaya ..... citizenship had been granted to the deceased. the application that should have been made by the deceased had not been placed before us, and there is, therefore, no knowing whether he ..... had made any clear and unequivocal declaration under his hand to acquire malayan citizenship by totally servering all his connections with india, abandoning his domicil of origin. for all that, it might have been quite in order to secure citizenship of malaya, if a person had put in a minimum period of residence, that is, physical residence, but .....Tag this Judgment!