Court : Supreme Court of India
Decided on : Feb-06-1995
Reported in : AIR1997SC1897; 225ITR561(SC); JT1995(2)SC229; 1995(1)SCALE483; (1995)3SCC100; 1SCR877
..... the limited purpose of another law, whether a person is or is not a citizen of india, the authority must carefully examine the question in the context of the constitutional provisions and the provisions of the citizenship act extracted hereinbefore. in the instant case article 325 of the constitution provides for one general electoral roll for every territorial constituency; so does section 15 of ..... is, at the time of his birth, in service under government of india. section 5 deals with citizenship by registration. it empowers the prescribed authority to register a person as a citizen of india who is not already such citizen by virtue of the constitution or any other provisions of the citizenship act and belongs to any one of the five categories set out in ..... be advantageous to notice the provisions in regard to citizenship at this stage. articles 5 to 7 of the constitution read 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-b(a) who was born in the territory of india; or(b) either of whose parents was born ..... in the territory of india; or(c) who has been ordinarily .....Tag this Judgment!
Court : Chennai
Decided on : Aug-31-1995
Reported in : AIR1996Mad314; 1995(2)CTC335
..... section 5 or 6 of the said act without assigning any reason for such grant or refusal, when article 14 of the constitution of india enshrine'd the rule of law, the said section 14(1) of th'e citizenship act giving the concerned authority with arbitrary power as there is no guideline provided thereunder either to reject or to grant the registration ..... has applied for the registration of the indian citizenship under section 5(1)(c) of the citizenship act and repeatedly his request has been rejected for registration as citizen ..... returned to united kingdom and in april, 1995, ones came to india.2. the petitioner has filed this writ petition challenging seclion 14(1) of the citizenship act and prays for declaration that the said section 14(1) of the citizenship act, 1955 is ultra vires of article 14 of the constitution of india.3. the learned counsel for the petitioner contended that the petitioner ..... of india, due to the non-framing of the citizenship rules in respect of british citizens .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-14-1995
Reported in : (1996)7SCC432
..... in the territory of india; or(b) either of whose parents was born in the ..... delhi claiming that both his daughters were entitled to be declared to be citizens of india by virtue of article 5 of the constitution and section 4(1) of the citizenship act, 1955. in addition to this claim of indian citizenship he further stated they were citizens of britain by virtue of their birth in england and of finland by virtue of ..... they are claiming that they are citizens of india as well and the government of india should recognise the same. to appreciate their claim we may refer to the relevant articles in part ii of the constitution entitled citizenship. article 5 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-25-1995
Reported in : AIR1995SC914; JT1995(1)SC618; (1995)ILLJ824SC; 1995(1)SCALE322; 1995Supp(2)SCC235; 1SCR568; 1995(1)LC368(SC)
..... maintaining and preserving the unity and integrity of the nation. now if india is one nation and there is only one citizenship, namely citizenship of india, and every citizen has a right to move freely throughout the territory ..... appeals a common question arises for our consideration, namely, whether the state government of andhra pradesh was justified in promulgating the rules under article 309 of the constitution of india under which it was provided that candidates seeking appointment to the posts in the service specified in the concerned rules who had obtained basic educational qualifications prescribed for ..... of india and to reside and settle in any part of india, irrespective of the place ..... jain etc. v. union of india and ors. etc. : (1984)iillj481sc , wherein p.n. bhagwati, j., as he then was speaking for the court had made the following pertinent observations at pages 954 to 956 of the report:the entire country is taken as one nation with one citizenship and every effort of the constitution makers is directed towards emphasizing, .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : Sep-08-1995
Reported in : (1998)234ITR371AAR
..... ; air 1963 sc 1811.the question before the supreme court in that case was whether the corporation could be considered to be a "citizen" of india for purposes of article 19 of the constitution and the constitution bench answered this question in the negative. the arguments on behalf of the petitioner started with the citation of a rule of english law "that a ..... that this did not conclude the issue of citizenship. it is not possible, particularly in view of hidayatullah j.'s observation cited above, to regard the decision as conclusively establishing that a corporation should be treated as a national ..... to say that even if it be established that a corporation possesses indian nationality this has not the result which is contended for namely that all or any of the citizenship rights arise." 48. shah j. (as he then was) also refers to the english rule on the issue as a starting point (para. 90) and then proceeds to point out ..... a nationality and the nationality is determined by the law of the country in which it is corporated" and this rule was sought to be extended to the concept of citizenship as well but this attempt did not succeed as the court was of the view that the two concepts were totally different. though the court cited the rule of english .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-23-1995
Reported in : (1995)110PLR674
..... any fundamental right or actuated by considerations not recognised by law can upon challenge can be adjudicated by the court in exercise of the powers under article 226 of the constitution of india and appropriate directions be issued for the enforcement of the fundamental right. it is now acknowledged position of law that rule of law prevails in our country which has ..... held to be not merely a prohibition but confers right of equality and its violation is justiciable by the court in exercise of power under article 226 of the constitution of india.10. the allegations made by the petitioners seeking quashing of migration of private respondents even prima-facie would attract the applicability of article 14 of the ..... functions performed by the state. being satisfied that the admission to private educational institutions was not being conducted in accordance with the provisions of law and the mandate of the constitution, the supreme court provided a scheme with the idea of climinating discretion in the management altogether in the matter of admissions. while interpreting the term 'appropriate authority' the supreme ..... of the constitution. reliance was placed upon the 'brown v. board of education', 98 lawyers ed. 873 where it had been held.:- 'today, education is perhaps the most importance function of state and local governments. it is required in the performance of our most basic responsibilities, even service in the armed forces. it is the very foundation of good citizenship. today it .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-22-1995
Reported in : 97CompCas16(Cal)
..... 1992] 2 pljr 134 wherein it has been held as follows :'this court, it is now well settled, while exercising its jurisdiction under article 226 of the constitution of india may refuse to exercise its jurisdiction in a given case'.129. in joy bharat transport co. v. central coalfields ltd.  blt 192, i had ..... known that the right of an individual sometimes has got to give way to the right of the public at large. under article 226 of the constitution of india, a high court may refuse to exercise its jurisdiction in favour of a party who has not approached the court with clean hands.'130. in ..... event, it is now well known that when by quashing of an illegal order by this court in exercise of jurisdiction under article 226 of the constitution of india another illegal order may revive, it may not quash the impugned order or may quash both the illegal orders.reference in this connection may be ..... month.125. in any view of the matter, it is now well known that this court does not exercise its jurisdiction under article 226 of the constitution of india merely because it is lawful to do so. in this case, as noticed hereinbefore, the petitioner has already filed a suit on the self-same ..... the laws, freedom of contract, trial by jury, etc..... or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. rights capable of being enforced or redressed in a civil action. also a term applied to certain rights secured to citizens of .....Tag this Judgment!
Court : Kerala
Decided on : Dec-09-1995
Reported in : 1995CriLJ2825
..... is any violation of the foreign exchange regulation act.7. it is a well established proposition of law that under article 226 of the constitution of india, a high court cannot issue a writ so as to have the effect outside the territorial jurisdiction of the high court and when cause ..... c? the learned judges quoted very reputed text books and dealt with the question under the territorial principle, the protective or security principle, nationality or citizenship princple and universality principle. we are not concerned with the learned discussions given in paragraphs 6 to 16, because they are only a survey of ..... reply thereto at calcutta would not constitute an integral part of the cause of action... it can not be said that a part of the cause of action arose within thejurisdiction ..... merely because it read the advertisement at calcutta and submitted the offer from calcutta and made representations from calcutta would not, in our opinion, constitute facts forming an integral part of the cause of action. so also the mere fact that it sent fax messages from calcutta and received a ..... central government the crime cannot be investigaged. it is also urged on behalf of the respondents that while exercising jurisdiction under article 226 of the constitution, this court cannot issue a writ regarding a cause of action which arose outside the territorial limits of the kerala state. the respondents rely .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-09-1995
Reported in : AIR1995SC1893; [1995(71)FLR102]; (1995)2GLR1550; JT1995(4)SC264; 1995LabIC2207; (1995)IILLJ790SC; 1995(3)SCALE498; (1995)5SCC27; Supp1SCR173; (1996)1UPLBEC359
..... in question. since several representations made by them to the authorities proved fruitless, they approached this court under article 32 of the constitution to direct the respondent-union of india and others to exercise their power under section 10 of the act and to abolish the contract system and further to ..... labour legislation casts welfare obligations on real employer based on articles 38, 39, 42, 43 and 43a [sic.] of the constitution.in r.k. panda and ors. v. steel authority of india ltd. : 3scr1034 , the contract labourers by filing a writ petition under article 32 claimed parity in pay with direct ..... arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed ..... of section 9 of the citizenship act which are more or less pari materia with the provisions of section 10 of the present act, are as follows : if any question ..... be challenged in any court including before the industrial adjudicator. shri venugopal in support of his contention relied upon certain decisions of this court under the citizenship act, 1955 where the finality is attached to the decision of the central government taken under section 9 of the said act. the provisions .....Tag this Judgment!
Court : Delhi
Decided on : Oct-17-1995
Reported in : 1995IVAD(Delhi)505; 91CompCas171(Delhi)
..... an indian citizen and becoming an american citizen. secondly, it is contended that even if gurmukh singh had obtained an american citizenship, his partnership with his brother in india would not become illegal and unvalid. 10. the first contention raised on behalf of the plaintiff is that the hindu ..... the hindu undivided family of sardar sucha singh are the partners of the partnership firm. thereforee, though sardar gurmukh singh had obtained american citizenship, his son was the member of the hindu undivided family of sardar gurmukh singh and he must be presumed to have continued the same ..... the plaintiff, gurmukh singh, could not continue the partnership between him and his brother, sardar sucha singh, and the moment he obtained the american citizenship, he ceased to be the partner of the partnership between the two brothers. this contention raised on behalf of the defendants is resisted by the ..... 1992 and in the year 1977, he had obtained american citizenship. admittedly, the partnership between the plaintiff and the defendant started on april 1, 1963, and the said partnership was not dissolved till the plaintiff, gurmukh singh, had left india in 1970-71. it must be also mentioned here ..... he had obtained citizenship of the usa. the plaintiff, gurmukh singh, was prevented by the provision of law from carrying on any business in india in view of the provisions of the foreign exchange regulation act, 1973, the plaintiff could not legally carry on any business in india, and consequently, .....Tag this Judgment!