Court : Gujarat
Decided on : Feb-17-1993
Reported in : AIR1993Guj150; (1993)1GLR602
..... arbitrary, unreasonable or capricious. mr. dave further submitted that the third respondent has rightly observed in the impugned order that the concept of dual citizenship has not been accepted either under the constitution of india or under the citizenship act. mr. dave made a statement under the instructions of the third respondent that if the petitioner will produce necessary certificate in accordance with ..... submitted that if the interpretation of rule 1.4 put forward by the respondent authorities is accepted, the rule would be ultra vires the citizenship act, 1955 as also articles 14 and 21 of the constitution of india being arbitrary and unreasonable. mr. desai also submitted that the impugned action requires to be set aside on the ground that the authorities have ..... to make for the purpose of granting or refusing admission to the applicant, mr. desai submitted that looking to the provisions of the constitution as well as the citizenship act, the petitioner can be said to be a citizen of india and, therefore, is entitled to get admission on that basis. mr. desai, therefore, prayed that the petition requires to be ..... 9 of the act. (xi) the direction of the authority that the petitioner should make application for certificate of acquisition of citizenship is illegal, unreasonable dehors the act and rules and violative of articles 14 and 21 of the constitution of india. 23. a similar question arose before the supreme court in shah mohammad's case 0065/1969 : 3scr1006 (supra). .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-1993
Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; 3SCR401
..... for some time and shifted to arunachal pradesh. to deprive them of the citizenship would be violative of article 14 of the constitution of india. by mere accident of their going over to arunachal pradesh, they cannot lose their citizenship. the learned counsel referred us to the various provisions of the citizenship act, 1955. he urges that there is evidence, in this case, of donation ..... transfer without prior permission of state government. no such permission, in this case, was obtained. the tribals of north-eastern steles are historically protected races. part x of the constitution of india contains provisions and laws governing them. the decision regarding settlement of foreigners is a matter of policy. it is well-settled in law that the court does not interfere in ..... fundamental rights are available to foreigners, as well, including article 21 of the constitution.31. mr. k.k. venugopal, learned senior counsel, appearing for the state of assam contends in opposition:32. the appellants cannot claim to be citizens of india by invoking section 6-a of the citizenship act as amended and incorporated on 7.12.85 in pursuance of the assam ..... before the commencement of the citizenship (amendment) act, 1985; '(d) a person shall be deemed to be of indian origin, if he, or either of his parents, or any of his grandparents was born in undivided india; (e) a person shall be deemed to have been detected to be foreigner on the date on which a tribunal constituted under the foreigners (tribunals) .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-13-1993
Reported in : 1993(2)ALT610
..... 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 ..... they operate as restrictions interfering with the fundamental right of the minorities to establish and administer educational institutions of their choice, guaranteed under article 30 of the constitution of india. therefore, they stress that the minorities can establish educational institutions of their choice even in the absence of a notification issued by the competent authority calling for ..... , the learned counsel appearing for the minority institutions is that the petitioner and the appellant being religious minorities have a fundamental right under article 30 of the constitution of india to establish and administer educational institutions of their choice. the right to establish an educational institution is not subject to any restrictions whatsoever and therefore, the provisions ..... 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 .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-29-1993
..... , 1966 and on fulfilment of the conditions as laid down in section 6a of the citizenship act he shall be deemed to be a citizen of india. but the section also provides that any person seeking registration under the said section 6a, the opinion of the tribunal constituted under foreigners order, 1964 shall be deemed to be the sufficient proof regarding registration. on ..... the other hand if a foreigner enters india after 1-1-1966, but before 25-3-1971 his question has to be determined by the tribunal constituted under the act. 7. as in the case in hand a specific statement has been made in the plaint that the ..... plaintiff no. 1 entered india with his father in the year 1940, the plaintiffs can be deported only after obtaining opinion of the foreigners tribunal constituted under the foreigners act, 1946 and if such an opinion is against the plaintiffs. accordingly, if the concerned authority wants ..... arisen on a representation made by such person against any order under foreigner act, 1946 requiring him not to remain in india or to any other effect or has amen in any other manner whatsoever, refer such question to a tribunal constituted under the act for such decision, section 23 of the act, inter alia, provides that after establishment of the tribunal .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-1993
Reported in : AIR1993Mad328
..... territory of india, and to settle, acquire, hold and dispose of property in any part of that territory. as the supreme ..... the state for which it was being used immediately before the commencement of the constitution, until the legislative of the state otherwise provides by law. in other words, such a legislation must expressly exclude the use of english. our constitution has established a single indian citizenship throughout india. article 19 guarantees to every citizen the fundamental right to move freely throughout the ..... the argument that it is violative of arts. 15 and 16 cannot be accepted. nor again is there any infringement of art. 21. if the constitution is to function in the spirit in which it was conceived, ..... provisions of art. 15 of our constitution forbid discrimination against citizens on the ground of religion, race, caste, sex and place of birth. language is not included in this list, but a discrimination on the ground of language is opposed to the basic concept of the unity of india to which a common indian citizenship and a common country testify. therefore, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1993
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; 1SCR891
..... the election commission, in consultation with the government of sikkim.151. in exercise of the powers conferred on him by clause (1) of article 342 of the constitution of india, the president of india promulgated the constitution (sikkim) scheduled tribes order, 1978 (co. 11) on june 22, 1978 and it was prescribed that bhutias and lepchas shall be deemed to be scheduled tribes ..... new territory are governed by rules of public international law and are non-justiciable on the 'political questions doctrine'?b) whether clause (f) of article 371f of the constitution of india, introduced by the constitution (36th amendment) act, 1975 is violative of the basic features of democracy ?c) whether section 7(1 a) and section 25a of the representation of the people ..... them prior to the accession. what they seek to assert and enforce, are the rights which the indian constitution confers on them upon the accession of their territory into the indian union and as arising from the conferment on them of indian citizenship. in the present cases the question of recognition and enforcement of the rights which the petitioners, as residents ..... of the ceded territory had against their own sovereign or by the obligations of the old sovereign towards it people, do not arise.32. the principal questions are whether there are any constitutional limitations on the 5 .....Tag this Judgment!
Court : Chennai
Decided on : Jan-21-1993
Reported in : (1993)2MLJ50
..... were (framed by the lieutenant governor of pondicherry, in consultation with the high court, madras. it does not supersede the previous rules framed under article 309 of the constitution of india. therefore, the service conditions of respondent 2 to 5 like the method of appointment, probation, confirmation and seniority are governed by the rules which were prevalent at the ..... does not in any way offend the provisions of article 50 of the constitution of india providing for separation of executive from judiciary or independence of judiciary. there is no specific years of service or experience required for promoting a junior scale (grade ii ..... respondent and his promotion in the pondicherry judicial service have been done strictly in accordance with the pondicherry judicial service rules, 1980 framed under article 309 of the constitution of india. the provisions of section 3 of the pondicherry civil courts act have been fully complied with.22. the appointment of the 3rd respondent to the pondicherry judicial service ..... department, pondicherry, and the head of the judicial department, pondicherry.15. rule 11 of the rules prescribes the qualifications for direct recruits to the junior scale specifying, (i) citizenship of india; and (ii) practice as an advocate or qualification for being enrolled as an advocate under the advocates act, 1961. subsequently, by a notification issued in g.o.ms. .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-08-1993
Reported in : 86CompCas231(Kar); 1996(54)ECC56; 1994(2)KarLJ298
..... wife of an indian citizen or person of indian origin is in any way discriminatory or that it does not conform to any other provision of the act or the constitution of india. it that be so, then the argument advanced on behalf of the writ petitioner that the deeming provision incorporated by explanation (c) to the notification is ultra vires cannot ..... the deeming provision incorporated in respect of a wife of indian citizen or person of indian origin by clause (c) of the notification is opposed to other provisions of the citizenship act or the dictionary meaning cannot be countenanced because the authorities have the liberty to explain in what particular sense the particular word has been used in the explanation though ..... person who could not have been deemed to be a person of indian origin either in the popular or literal meaning of the same, or as defined under the indian citizenship act, has been deemed to be a person of indian origin by virtue of the fiction created by clause (c) of the explanation and that is impermissible. if this legal ..... winters national bank and trust company, dayton ohio, u.s.a., and she continued to operate the same even after her marriage. she continued to have her u.s.a. citizenship even after her marriage and she registered herself as a foreigner in this country under the foreigners act and her visa was being extended from time to time. on september .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-04-1993
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; 1SCR594
..... which heard and disposed of the writ petition framed four questions as arising for its consideration viz., (i) is there a 'right to education' guaranteed to the people of india under the constitution? if so, does the concept of 'capitation fee' infarct the same? (ii) whether the charging of capitation fee in consideration of admission to educational institutions is arbitrary, unfair, ..... appropriate amounts from the students who are ready and willing to pay the same for their admission into the medical college, says the petitioner.part - iiquestion no.]: 'whether the constitution of india guarantees a fundamental right wo education to its citizens ?155. right to education is not stated expressly as a fundamental right in part iii. this court has, however, not ..... function of state and local governments.... it is required in the performance of our most basic responsibilities, even service the armed forces. it is the very foundation of good citizenship. today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him at adjust normally to his ..... education to our democratic society. it is required in the performance of our most basic public responsibilities, even service in the armed forces. it is very foundation of good citizenship. today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his .....Tag this Judgment!
Court : Orissa
Decided on : Apr-22-1993
Reported in : 76(1993)CLT924; 1993(II)OLR5
..... (civil) 218. the sanctity attached to education cannot be permitted to be polluted and defiled by anybody, much less by one whose office requires an oath of allegiance to the constitution.9. opposite party nos, 1 to 3 have accepted that opp. party no. 5 is less meritorious than both the petitioners, and opp. party no. 6 is less meritorious ..... :'today, education is perhaps the most important function of state and local governments......it is required in the performance of our most basic responsibilities......it is very foundation of good citizenship. today it is a principal instrument in awakening the child to cultural values, in preparing him for better professional training, and in helping him to adjust normally to his ..... the director, arid on the other hand a meek surrender to political pressure.4. although the doctrine of separation of power has not been recognised under the constitution in its absolute rigidity but the constitution makers have meticulously defined the functions of various organs of the state,legislature, executive and judiciary have to function within their own spheres demarcated under the ..... holders, 8% and 12% respectively for candidates belonging to scheduled caste and scheduled tribe, 1 seat for physically handicapped person and 1 seat for nominee of the government of india. in other words 21 seats belong to unreserved category while 9 seats are earmarked as reserved seats. a committee for selection was formed with the director, indian medicine and homeopathy .....Tag this Judgment!