Court : Supreme Court of India
Decided on : Jul-24-1991
Reported in : AIR1991SC1886; 1991(2)BLJR1187; JT1991(3)SC306; 1991(2)SCALE127; (1991)3SCC554; 3SCR149
..... main ground urged by the learned counsel is based on article 5 of the constitution, which reads as follows: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 was born in the territory of india, or(b) either of whose parents was born in the territory of ..... directs that if any question arises as to whether, when or how any person has acquired the citizenship of another country, he shall be determined by the prescribed authority. mohd. ayub khan was a citizen of this country at the commencement of the constitution of india and was asked to leave the country for the reason that he had obtained a pakistani passport ..... more than five years immediately preceding the commencement of the constitution, he must be held to have duly acquired indian citizenship.5. one of the necessary conditions mentioned in article 5 of the constitution is that the person concerned must be having his domicile in the territory of india at the commencement of the constitution. the question is as to whether the petitioner fulfils ..... in this country for more than a decade before the commencement of the constitution, he must be deemed to have acquired his domicile in this country and consequently the indian citizenship. although it is impossible to lay down an absolute definition of domicile, as was stated in central bank of india v. ram narain : 1955crilj152 it is fully established that an intention .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-06-1991
Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; Supp3SCR121
..... persons who took part in establishing the school in 1854 were 'indian citizens'. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settle in india and the local christian residents of bhagalpur did not form a minority community. it is true that the minority competent ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority competent to claim the protection of article 30(1) of the ..... article 30 may be availed of only in respect of an institution established before the constitution by persons born and resident in british india. xxxx xxxx xxxxarticle 30 guarantees the right of minorities to establish and administer educational institutions: the article does not expressly refer to citizenship as a qualification for the members of the minorities.and later (at 180):we ..... constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. they must have formed a well-defined religious or .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-09-1991
Reported in : 191ITR381(All)
..... facts and circumstances of the case, the explanation of the assessee constituted, in law, 'reasonable cause' ?'2. the assessee is an individual. the assessment years concerned are 1967-68, 1968-69 and 1969-70. the assessee was previously doing business in india but in 1961 he went to england. he obtained the citizenship of that country. however, towards the end of 1966 or ..... the beginning of 1967, he came to india. during the previous years relevant to the aforesaid assessment years, he was in ..... india. a raid was conducted at his premises and certain cash deposits standing in his name in certain banks werediscovered. the assessee .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-09-1991
Reported in : ILR1991KAR1334; 1991(2)KarLJ453
..... it would be incongruous to stifle the present public interest action by applying truncated standards.the right to life inherent in article 21 of the constitution of india does not fall short of the requirements of qualitative life which is possible only in an environment of quality. where, on account of human ..... sought under article 226 of the constitution of india.10. intelligible in the statement of objections of the k.e.b. are the averments that the writ petition is liable to be dismissed ..... the petitioners have been categorically denied. it is contended that the petitioners have no legal right to seek relief under article 226 of the constitution of india, that the writ petition is barred by laches and that the petitioners have not made out any valid ground for grant of the relief ..... of purpose.' he added:'what is becoming clear is that the restructuring of the democratic process has altered the pattern of citizenship. where once the public official as in the days of washington or jefferson had a deep and honest sense of public sacrifice, we are ..... they express themselves openly and aggressively. when the record of the environmental movement is finally registered, the emphasis will be on the new breed of citizenship it fostered. and it will contrast mightily with the sordid strategy of the corporate board rooms where they scoff at do-gooders and belittle nobility .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-09-1991
Reported in : AIR1992Kant57
..... the petitioners have been categorically denied. it is contended that the petitioners have no legal right to seek relief under article 226 of the constitution of india, that the writ petition is barred by laches and that the petitioners havenot made out any valid ground for grant of the relief sought ..... would be incongruous to stifle the present public interest action by applying truncated standards.the right to life inherent in art. 21 of the constitution of india does not fall short of the requirements of qualitative life which is possible only in an environment of quality. where, on account of human ..... under article 226 of the constitution of india. 10. intelligible in the statement of objections of the k.e.b. are the averments that the writ petition is liable to be ..... purpose.' he added :'what is becoming clear is that the restructuring of the democratic process has altered the pattern of citizenship. where once the public official as in the days of washington or jefforson had a deep and honest sense of public sacrifice, we are ..... they express themselves openly and aggressively. when the record of the environmental movement is finally registered, the emphasis will be on the new breed of citizenship it fostered. and it will contrast mightily with the sordid strategy of the corporate board rooms where they scoff at do-gooders and belittle nobility of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-16-1991
..... and a labor organization. individual union members, who are often the beneficiaries of provisions of collectivebargaining agreements, may bring suit on these contracts under 301. likewise, union constitutions are an important form of contract between labor organizations. members of a collective-bargaining unit are often the beneficiaries of such interunion contracts, and when they are, they ..... contracts; more specifically, he alleged that he had been discriminated against in hiring-hall job referrals, contrary to the applicable collective-bargaining agreements and contrary to the ibew constitution. nevertheless, respondents submit that 301 jurisdiction reaches only suits by the parties to the interunion contract; third-party suits seeking to enforce a violation of the contract ..... organizations, may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties." 29 u. s. c. 185(a). 96 the local and its officers in the united states district court. petitioner's complaint alleged violation ..... referrals in the operation of a hiring hall provided for in the local's collective-bargaining contracts with electrical contractors. he also contended that such conduct constituted violations of the ibew constitution and the local's bylaws, which were allegedly breaches of contract redressable under 301 of the labormanagement relations act, 1947 (lmra). among other things, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-1991
..... of the people of the states to determine the qualifications of their government officials is, of course, not without limit. other constitutional provisions, most notably the fourteenth amendment, proscribe certain qualifications; our review of citizenship requirements under the political function exception is less exacting, but it is not absent. page 501 u. s. 464 here, ..... s. 467 -470. section 5 provides that "[t]he congress shall have power to enforce, by appropriate legislation, the provisions of this article." despite that sweeping constitutional delegation of authority to congress, the majority holds that its plain statement rule will apply with full force to legislation enacted to enforce the fourteenth amendment. the majority ..... the states possess sovereignty concurrent with that of the federal government, subject only to limitations imposed by the supremacy clause." over a hundred years ago, the court described the constitutional scheme of dual sovereigns: "'[t]he people of each state compose a state, having its own government, and endowed with all the functions essential to separate and independent existence ..... validity of the mandatory retirement provision. the judges alleged that the provision violated both the adea and the equal protection clause of the fourteenth amendment to the united states constitution. the governor filed a motion to dismiss. the district court granted the motion, holding that missouri's appointed judges are not protected by the adea, because they are .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-22-1991
Reported in : JT1991(1)SC676; 1991(1)SCALE259; (1991)2SCC412; 1SCR659; 1991(1)LC589(SC)
..... movement and amateur sport, (2) to promote and encourage the physical, moral and cultural education of the youth of the nation for the development of character, good health and good citizenship, (3) to enforce all rules and regulations of the international olympic committee (hereinafter referred to as 'ioc') and the ioa; (4) to be the official organisation in complete and ..... civil appeals nos. 852.853 of 1991 (arising slps 1599 and 1787/91). not content with the litigation in the delhi and madras high courts, the fencing association of india filed a civil suit at jabalpur asking for declaration that shri shukla had been duly elected as president. an application for injunction in support of shri shukla having been rejected ..... teams in the said competitions and tournaments after selection, (9) to undertake with the assistance of national sports federations/associations the financing, management, transportation, maintenance and welfare of teams from india taking part in the olympic games and other games under the patronage of the ioc as well as the ioa; and (10) to simulatethe interest of the people of the ..... patronage of the ioc as well as the ioa, (8) to assist in cooperation with national sports federations/associations the selection, training and coaching of the teams that will represent india in the asian, commonwealth, olympic and other international competitions and tournaments, under the patronage of the ioc as well as ioa and also to supervise and control the participation of .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-28-1991
Reported in : (1992)2GLR1317
..... the hindu marriage act, would be governed by the provisions of that act irrespective of the question whether he had at the same time acquired a domicile in india. it was held that citizenship was not a necessary or imperative qualification for application of that act when the legislature itself had omitted to make such a qualification a condition precedent to hindus ..... of his or her adoptive father or mother for all purposes with effect from the date of the adoption. reference to the law of domicile of the minor child automatically constitutes a reference to the law of domicile of one or both of the child natural parents whose interest in the adoption is very great. the paramount welfare of the child ..... foreign nationals and primarily apply to the persons to whom the pre-codified law applied. these are the hindus who lived in various areas in india and were governed by the customs which developed locally and ultimately constituted the mitakshara, dayabhaga and other schools of law. the rules of personal law which customarily developed and ultimately were codified in the matters of ..... marriage, succession, adoption, maintenance and guardianship among hindus in india are intended to apply to the persons among whom these rules developed and not to aliens .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : May-08-1991
Reported in : (1991)38ITD378(Ahd.)
..... ced v. v. melnikoff  134 itr 583 did not accept the contention and held that the deceased was a domicile in india at the time of his death and his british citizenship, issue of a british passport to him and the statements in the probate issued by the high court of justice, fail to ..... with m/s timsales ltd. until he retired on 12-8-1972.kenya was then a british colony and during the meanwhile sri gandhi had acquired british citizenship on 28-9-1951. kenya was not the country of his domicile of origin and by the conduct of sri gandhi in marrying, there at kenya, ..... in a concern of timber engineers, manufacturers and suppliers known as timsales ltd. in the course of time he applied on 25-9-1951 for grant of citizenship under section 6(1) of the british nationality act, 1940 and was registered on 28-9-1951 as a citizen of the united kingdom and colonies ..... is under consideration in this case. "citizenship" has reference to political status of aperson, "residence" to his physical connection with a particular territory and "domicile" to his civil rights which ..... retevant for our purpose. but the term "domicile" is not to be treated as synonym in meaning to the terms "citizenship" and/or "residence". the distinction between the three statuses of a person viz. citizenship, residence and domicile is necessary to bear in mind in order to appreciate the true status of the deceased, which .....Tag this Judgment!