Court : Delhi
Decided on : Jan-27-1992
Reported in : 46(1992)DLT332
..... of india. in terms of the provisions of section 9 of the citizenship act read with rule 30 read with schedule iii it is within the ..... ) that the respondent at the time of applying for grant of permission under section 21 of the delhi rent control act was a foreigner and had determined citizenship of india and had acquired the citizenship of u.k. this fact was never disclosed to the addl. rent controller while obtaining permission under section 21 and as such the permission is vitiated by fraud ..... domain of the central govt. to return the finding of fact regarding the acquisition of british citizenship by the res' pondent. the addl. rent controller or any other court ..... , (ii) the right to reside and settle anywhere in india is not available to any foreigner or any person other than the citizens of india. all statutes, laws and act are subject to the constitution .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-30-1992
..... occurs in a place then under occupation. under the said act, only those mentioned in the said section can be regarded as citizens of india. the word 'india' mentioned in the constitution of india is the territory which now comprised in india. from the above, it is an admitted fact that the petitioner and other members of the chakma families cannot be regarded as citizens ..... act), every person born in india, on or after the 26-1-1950, but before the commencement of the citizenship (amendment) act, 1985, on or after such commencement and either of whose parents is ..... a writ in the nature of mandamus and/or certiorari or prohibition or any other appropriate writ or direction.4. the petitioner has contended that fundamental rights guaranteed under the constitution of india are violated and the actions of the respondents are violative of principles of natural justice. the impugned annexure 5 notice is illegal, arbitrary and not informed of any reasons ..... they are not citizens of india, whether the authorities concerned have right to give direction to those chakma people to move to another place; and (iii) whether the impugned annexure 5 order dated 15-2-84 is arbitrary, devoid of reason and violative of the provisions of constitution.point no. (i)16. under section 3 of the citizenship act, 1955 (shortly the 1955 .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-21-1992
..... revisional jurisdiction to the high court has been deleted. however, in appropriate case this court can exercise jurisdiction under article 227 of the constitution of india and this petition is treated as a petition under article 227 of the constitution. 2. proceedings under the provisions of foreigners act in f.t. case no. 13/80 was initiated against the petitioners before the ..... foreign national and subjecting him to deprivation of his fundamental right guaranteed under article 21 and the right under article 300a of the constitution, without any authority of law. it is unsafe to adjudge a person residing permanently in india (assam) as foreigner on the sole testimony of the enquiry officer. in the instant case, the learned tribunal solely on the ..... consequent deportation from his permanent residence with the members of his family and throwing them to unknown destination would naturally entail immense suffering. before adjudging the person permanantly residing in india (assam) as foreign national, the tribunal should be cautious, slow, retrospect and should make close scrutiny of the materials on records to see as to whether the state has ..... . the learned tribunal by the judgment and order dated 17-2-86 passed in the i.m.d.t. case no. 8 of 1985, held that the petitioners migrated to india (assam) from bangladesh in the year 1973 and therefore were foreign nationality. the petitioners preferred appeal case no. 10/ 86 impugning the order of the tribunal. the learned appellate .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-18-1992
Reported in : 1993CriLJ938
..... toqueville remarked that a man's passion for equality is greater than his desire for liberty.38. the preamble of the constitution states that the people of india gave to themselves the constitution to secure to all its citizens amongst other things 'equality of status and opportunity.'thus the principle of equality was regarded ..... number of cases quoted with approval the following passage from the case of ajai hasia at page 1866:--unfortunately in early stages of evolution of our constitutional law article 14 came to be identified with the doctrine of classification... in royappa v. state of tamil nadu this court laid bare a new ..... ., air 1991 sc 537 (para 21) the supreme court laid down:--'we have no doubt that the constitution does not envisage or permit unfairness or unreasonableness in ..... as one of the basic attributes of indian citizenship.39. in a recent case of shri lekha vidyar-thi v. state of u.p ..... should also be released. jagjit singh was a captain in the army. at the time of his arrest, he was employed in a delegation in india of a french company. the two other accused were employed in the ministry of defence and army head quarters. it was alleged that they, in .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-20-1992
Reported in : 1993(42)ECC28; 1993(67)ELT260(Kar); 1993(1)KarLJ367
..... respondents from proceedings with any further enquiry in relation to the utilisation and the movement of the goods, etc. was rejected.20. in madanlal steel industries ltd. v. union of india [1991 (56) e. l. t. 705] a division bench of the madras high court also left it to be statutory authorities to consider the question whether the seizure and ..... and prevention of smuggling activities act ('the cofeposa act' for short). petitioner had brought into india certain goods and kept them in the bonded warehouse after assessment to duty; some parts were cleared after payment of duty; warehouse was under the custody of the customs officials ..... finality, obviously the court meant the various jurisdictional facts stated in section 28 such as collusion, wilful misstatement or suppression of facts.14. in n. k. bapna v. union of india [1992 (60) e. l. t. 13], the supreme court was considering the validity of an order directing detention of the petitioner under the provisions of the conservation of foreign exchange ..... assessment. chapter xiv which was highlighted at the outset provides for the confiscation of the goods and imposition of penalties. section 111 details the goods brought from a place outside india which are liable to be confiscated. mr. chander kumar, learned counsel, contended that when the goods are cleared under section 47 the goods cease to be prohibited goods and thereafter .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1992
..... states have no jurisdiction over divorce." 280 u. s., at 383. the court traced this absence of jurisdiction not to the diversity statute but apparently to the constitution itself: "if when the constitution was adopted the common understanding was that the domestic relations of husband and wife and parent and child were matters reserved to the states, there is no difficulty ..... jurisdiction, de la rama's articulation of the "rule" in terms of the statutory requirements for diversity jurisdiction further supports the view that the exception is not grounded in the constitution. moreover, even while citing with approval the barber language purporting to limit the jurisdiction of the federal courts over domestic relations matters, the court has heard appeals from territorial ..... care, for the general good of the community, that hard cases do not make bad law.''' united states v. clark, 96 u. s. 37 , 49 (1878) (dissenting opinion) (quoting east india co. v. paul, 7 moo. 85, 111, 13 eng. rep. 811, 821 (p. c. 1849)). courts should observe similar caution with regard to easy cases. cf. o'bannon v. ..... although divorced, the wife's citizenship necessarily remained that of her former husband; and second, that the whole subject of divorce and alimony, including a suit to enforce an alimony decree, was exclusively ecclesiastical at the time of the adoption of the constitution and that the constitution therefore placed the whole subject of divorce and alimony beyond the jurisdiction of the united .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-26-1992
..... the fourteenth amendment that unequivocally recognizes the equal status of every 'person' subject to the jurisdiction of any of the several states. the constitution's command is that all 'persons' shall be accorded the full privileges of citizenship .... a violation of that command is an injury to the individual rights of the person." ibid. (footnote omitted). when asked in ..... to take "affirmative action including reinstatement of employees with or without back pay"). this court previously has held that backpay awarded under the labor act to an unlawfully discharged employee constitutes "wages" for purposes of the social security act. see social security board v. nierotko, 327 u. s. 358 (1946). 11 respondents' attempts to prove that title ..... court held, "then that is the beginning and end of the inquiry." id., at 1123 (internal quotation marks omitted). the court concluded that tva's unlawful sex discrimination constituted a personal, tort-like injury to respondents, and rejected the government's attempt to distinguish title vii, which authorizes no compensatory or punitive damages,2 from other statutes thought to ..... incomes as "damages received ... on account of personal injuries" under 26 u. s. c. 104(a)(2). the court of appeals reversed, holding that tva's discrimination constituted a personal, tort-like injury to respondents, and rejecting the government's attempt to distinguish title vii, which authorizes no compensatory or punitive damages, from other statutes thought to redress .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-11-1992
Reported in : AIR1993P& H3
..... so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state;(e) if he is ..... 'i, a. b., do..swear.....thatsolemnly affirm i will bear true faith and allegiance to the constitution of india as by law established that i will uphold the sovereignty and integrity of india that i will faithfully and conscientiously discharge my duties as a minister for the state of....... and ..... c. carr. (1962) 369 us 186 : 7 led 2 d 663 at page 716 forcefully expressed as follows :--'......there is not under our constitution ajudicial remedy for every political mischief....'11. we are tempted to quote the divisionbench.-- 'experiments with ministers and ministries are necessary sequel to a developing democracy ..... fundamental code of conduct. nevertheless to hold violation of oath as a disqualification would mean adding another clause in article 191 of the constitution which obviously is neither desirable nor permissible.9. it may further be noticed that such breach of oath is not a permanent disqualification ..... totally unrealistic to characterise any espousal of cause in a court of law by a politician on behalf of the general public complaining of constitutional and statutory violations by the political executive as a politically motivated adventure. if, however, the interests are not personal and the litigation appears .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-19-1992
Reported in : 1993(1)ALT439
..... enquire into the merits, their lordships would be entering into a field of investigation which is more appropriate for a civil court in a properly constituted suit to do rather than for a court exercising the prerogative of issuing writs. since the questions of fact and law which are in dispute ..... the exemption of section 20 of the act.9. in deep chand v. state of rajastlian (5 supra), the case arose under foreigners act and citizenship act. the question involved was whether the respondent was a foreigner or indian citizen. the supreme court while observing that the question whether the respondent is ..... at that conclusion has relied upon the earlier decisions of the supreme court and privy council. in delhi c. & g. mills ltd. v. union of india, air 1983 all. 381., it is held that if there are successive infringements of plaintiff's right, the right to sue would accrue when the defendant ..... the corporation to entertain his claim, the corporation has permitted the petitioner to have a discussion with the deputy general manager of the shipping corporation of india, madras for the purpose of settlement of the claim of the petitioner. it is, therefore, not open to the learned counsel for the respondent to ..... contract, the terms of contract can be spelt out from the conduct and correspondence of the parties. it is held in damodar shah v. union of india : air1959cal526 ., that where the existence of a contract is to be found out from the correspondence, the rule is that the entire bunch of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-27-1992
Reported in : 48(1992)DLT218; II(1992)DMC67; 1992(23)DRJ22
..... that day, the supreme court ordered that this petition shall be transferred to this court, and dealt with as the one under article 226 of the constitution in accordance with law. that is how this petition is being dealt by this court. (3) the petitioner alleged that their two minor children, ..... this and it became one of the causes of their mutual differences. in the same year, both the petitioner and the respondent were granted us citizenship. according to the petitioner, the attitude of the respondent started changing towards the petitioner for the worst after he became us citizen. (7) according ..... bhandari, j. (1) the petitioner had filed a petition under article 32 of the constitution of india for issuance of an appropriate writ, order or direction in the nature of habeas corpus before the supreme court of india. the petitioner prayed for the custody of her two minor children who, according to her, ..... terrible sense of loneliness, while they were there. according to sonika, she and her brother are getting far greater love and affection, here in india, as compared to what they were getting from their mother in the usa. sonika also complains that even the close relations of her mother are ..... the order of the competent foreign court. it is further submitted by the petitioner that these minor children are american citizens and their presence in india is the result of an illegal act of abduction or kidnapping by the respondent. the version of the respondent is quite different. the respondent .....Tag this Judgment!