Court : Kolkata
Decided on : Apr-22-1996
Reported in : (1997)1CALLT89(HC)
..... section 14 of the foreigners act was started against her. it is contended on the basis of articles 7 and 9 of the constitution of india that her citizenship cannot automatically come to an end in the facts and circumstances of the case. 10. the learned advocate appearing for the state while ..... by her in-laws cannot take away her citizenship in india. it is also argued that the question of petitioner continuing to remain an indian citizen or acquiring citizenship of another country in this case pakistani can be determined by the central government alone in ..... left the same for karachi on her marriage on 9.10.93. it has been argued that the petitioner being an indian citizen, the citizenship was not lost merely by her migrating to pakistan after her marriage. it is contended that mere acquisition of a pakistani passport under compulsion ..... in accordance with section 9(2) of the citizenship act read with rule 30 of citizenship rules, it cannot be state that she has lost her citizenship in india or she has acquired citizenship of pakistan. it has also been contended that she came to india on the basis of a valid passport and visa ..... accordance with section 9(2) of the citizenship act read with rule 30 of the citizenship rules. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-19-1996
Reported in : 1996IXAD(SC)249; AIR1997SC1451; 1996(8)SCALE22; (1997)1SCC701; Supp6SCR544
..... particular functions in the service of our nation, so that citizenship constitutes our primary being, and what we do as administrators, or as members of some other profession becomes merely the function we discharge deriving ..... what that means. nobody is born an administrator, and nobody is always an administrator. we are all born citizens of a free india, and acquire the status of full citizenship at the age of maturity as laid down under the constitution. some of those mature citizens choose to be, and are called upon to become, our administrators for some years of their life ..... have given a democratic political education to our people, which we never had in our millennia-old history. the constitution treats the entire people of india as sovereign and free; none is treated as slaves or as outside that citizenship all the people of india are transformed into citizens of a free democratic state. what a beautiful concept and experience.it is a big ..... . this means that their primary individuality is not as administrators, but as citizens. we are all essentially citizens of free india called upon to perform .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-09-1996
Reported in : 1996IAD(SC)442; AIR1996SC1234; JT1996(1)SC163; 1996(4)KarLJ225; 1996(1)SCALE155; (1996)1SCC742; 1SCR278; 1996(1)LC370(SC)
..... this court for certain reliefs.19. by virtue of their long and prolonged stay in the state, the chakmas who migrated to, and those born in the state, seek citizenship under the constitution read with section 5 of the act. we have already indicated earlier that if a person satisfies the requirements of section 5 of the act, he/she can be ..... of chakmas residing in the state without being inhibited by local politics. besides, by refusing to forward their applications, the chakmas are denied rights, constitutional and statutory, to be considered for being registered as citizens of india.21. in view of the above, we allow this petition and directed the first and second respondents, by way of a writ of mandamus, as ..... that case reveal that the appellant and 56 families migrated to india in 1964 from erstwhile east pakistan and were lodged ..... . in louis de raedt v. union of india : 3scr149 and khudiram chakma's case this court held that foreigners are entitled to the protection of article 21 of the constitution.17. the contention of the first respondent that the ruling of this court in khudiram chakma's case has foreclosed the consideration of the citizenship of chakmas is misconceived. the facts of .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-18-1996
Reported in : AIR1997Guj1; (1996)2GLR165
..... a reasonable opportunity of being heard.as regards the above judgment, it is required to be noted that the said case arose out of denial of the rights of citizenship under the constitution, the citizenship act and rights under the representation of peoples act, 1950, and the consequent deletion from the list of voters. the said case, however cannot be compared with the ..... that if the action of the authorised officer is held to be consistent with the requirements of the said two rules, then the rules may be rendered ultra vires the constitution. this is a hypothetical submission made by mr. vakharia which depends on what interpretation is put by the forum created under rule 28 of the rules while considering the submission ..... fact finding enquiry to decide whether the petitioners were traders or not and that such findings of fact cannot be interfered with in a petition under article 226 of the constitution. in any case, this dispute can also be resolved by the election tribunal. (h) similarly, the election officer was entitled to hold inquiry regarding the operations alleged to be carried ..... includes a co-operative society, joint family or an association of persons, whether incorporated or not, which carries on such business; section 11 of the act reads as under. '11. constitution of market committee, (1) every market committee shall consist of the following members, namely:-- (i) eight agriculturists who shall be elected by members of managing committees of co-operative societies .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : May-31-1996
Reported in : AIR1997J& K15
..... a dwelling house therein.' 12. in the light of the foregoing provisions, it is made clear that the provisions of section 6 of the constitution of jammu and kashmir dealing with permanent residents and lawfully acquiring citizenship of india shall be entitled to participate in the 'election of assembly either as a voter or as a representative to be elected.13. therefore when ..... vote in that area or intending to contest as representatives to be elected from that area in the light of the limitation provided under section 6 of the constitution of jammu and kashmir. in that view of the matter it ..... we consider both the provisions of section 6 of the constitution of jammu and kashmir vis-a-vis the above provisions of the representation of people ..... act, 1957, unless the writ petitioners (appellants) either continue to be residents of that area which is now called pok area and continue to enjoy the citizenship of india, cannot either exercise the right of franchise seeking to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-19-1996
Reported in : 1996VAD(SC)404; AIR1996SC2481; 1996CriLJ3274; JT1996(6)SC529; 1996(5)SCALE233; (1996)5SCC216; Supp3SCR677
..... for deliberate and wilful failure to perform his fundamental duties and stultifying their performance by the petitioner, should not justice ahmadi be stripped of his citizenship, because duties alone can confer the corresponding legal and constitutional rights ?(xi) page 8 para-l8(h)for allowing his son who is practising in the supreme court, to stay with him in his ..... ) under the indian penal code for committing forgery and fraud.23. in his preliminary submissions, he has stated with regard to stripping of 'citizenship of cji that 'this may have been the consequence of the constitution bench affirming the view taken by the calcutta high court cited earlier. moreover, this is only a prayer for relief sought, which does not ..... justice. this is a deliberate interference in the judicial management tending to sow disaffection in the efficacy of dispensation of justice. the further accusation that the chief justice of india should not constitute a bench of the judges appointed during his tenure so that 'he (cji)' 'may not directly or indirectly influence any of the judges hearing the matter'. it ..... he attributed that justice ahmadi, chief justice of india deliberately and willfully failed to perform his fundamental duties by dismissing the first writ petition and stultified the performance of the duty by the petitioner. thereby justice ahmadi 'be stripped of his citizenship'. he also knew that for exercise of legal or constitutional rights one owes corresponding duties. the person who fails .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-10-1996
..... "(b) any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the constitution, treaties or laws of the united states shall be removable without regard to the citizenship or residence of the parties. any other such action shall be removable only if none of the parties in interest properly joined ..... defect cured, all agreed, by the time of trial and judgment. pet. for cert. 8. we granted certiorari, 517 u. s. 1133 (1996), and now reverse. ii the constitution provides, in article iii, 2, that "[t]he judicial power [of the united states] shall extend ... to con- ant] are simply not adverse, and there need be no basis ..... over the underlying case between [plaintiff] and [defendant], the jurisdictional propriety of each additional claim is to be assessed individually. thus, assuming that jurisdiction is based upon diversity of citizenship between [plaintiff] and [defendant], the question concerning impleader is whether there is a jurisdictional basis for the claim by [defendant] against [third-party defendant]. the fact that [plaintiff ..... c. 1332. the notice explained that the case was nonremovable at the lawsuit's start: complete diversity was absent then because plaintiff lewis and defendant whayne supply shared kentucky citizenship. caterpillar assumed that the settlement agreement between these two parties would result in whayne supply's dismissal from the lawsuit, yielding complete diversity and rendering the case removable. .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-17-1996
Reported in : (1997)1GLR638
..... the criminal procedure code and as such, this special criminal application under article 226 is not maintainable; and secondly, this court will not exercise powers under article 226 of the constitution of india to defeat the mandatory provisions of section 18 of the act of 1989. replying to the preliminary objections, mr. nanavati submits that the remedy under section 438 of the ..... down by the apex court in various judgments.12. he has also raised certain preliminary objections with respect to the maintainability of this petition under article 226 of the constitution of india. firstly, that the prayer in this special criminal application is in the form of anticipatory bail, for which the petitioner has an alternate remedy under section 438 of ..... . pande. she has disclosed her age as 20 years. a preliminary objection has been raised with respect to the maintainability of this petition under article 226 of the constitution of india. on the merits of the case, it is submitted that the petitioner is highly influential person and false statement has been recorded by the police in order to create ..... approximately 25 lakhs. the institution imparts vocational education in several disciplines for the upliftment of scheduled castes, scheduled tribes and other down-trodden people. the petitioner says that national citizenship award was presented to him for his selfless services in the field of social work by spreading the concept and implementing the system of open courts, co-operatives, adult .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-18-1996
Reported in : 89CompCas390(Kar)
..... speaking community which is a minority community in the state of karnataka and the petitioners claim that the petitioner-trust is entitled to the protection of article 30 of the constitution of india as a linguistic minority. that this protection is extended even in regard to the monopolies and restrictive trade practices act, 1969 (for short, 'the act'), which act ..... observing that the right to life under article 21 and the dignity of the individual cannot be assured unless it is accompanied by the right to education. as the constitution of india assures the dignity of the individual or assures the dignity of the individual coupled with the concept of fraternity, unity and integrity of the nation as per the preamble ..... function of the state and local government. it is required in the performance of our basic responsibilities, even service in 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 to adjust normally to his environment ..... secondly, as the petitioners' institutions are minority educational institutions belonging to the telugu speaking linguistic minority group of karnataka, they are entitled to protection under article 30 of the constitution. the petitioners have taken the stand in the writ petition that the activity of education cannot be apprehended to be within the definition of trade or trade practice. education not .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-03-1996
..... to regulate interstate commerce to encompass those intrastate transactions that "substantially affect" interstate commerce, i question whether congress can regulate the particular transactions at issue here. the constitution, in addition to delegating certain enumerated powers to congress, places whole areas outside the reach of congress' regulatory authority. the first amendment, for example, is fittingly ..... . for example, statutes of the early congresses required in mandatory terms that state judges and their clerks perform various executive duties with respect to applications for citizenship. the first congress enacted a statute requiring that the state courts consider such applications, specifying that the state courts "shall administer" an oath of loyalty to ..... the duties imposed on state courts and their clerks in connection with naturalization proceedings were contingent on the state's voluntary assumption of the task of adjudicating citizenship applications. the second employers' liability cases stand for the proposition that a state court must entertain a claim arising under federal law "when its ordinary ..... as mentally defective or committed to mental institutions, aliens unlawfully present in the united states, persons dishonorably discharged from the armed forces, persons who have renounced their citizenship, and persons who have been subjected to certain restraining orders or been convicted of a misdemeanor offense involving domestic violence. 922(d) and (g). in 1993 .....Tag this Judgment!