Court : Chennai
Decided on : Jul-28-1997
Reported in : AIR1997Mad366
..... nationals. we are of the further view that section 14(1) of the act is not ultra vires article 14 of the constitution of india because the foreign nationals do not have any fundamental right guaranteed for the grant of citizenship of india. the writ appeal, therefore, fails and is dismissed.21. now we will deal with w.p.no. 1247 of 1996, which ..... 1995 was filed by the appellant, who is acitizen of united kingdom, for a declaration that section 14(1) of the citizenship act, 1956 (act 57 of 1955) (hereinafter referred to as the act) ultra vires article 14 of the constitution of india, which embodies the rule of law, and void.3. the case of the appellant, as putforth in the writ affidavit ..... no assistanceto the appellant since the whole case centresround the entitlement of the foreigners theprotection under article 21 of the constitution ofindia.20. for the foregoing reasons, we arc of the view that the government of india have got unrestricted power to refuse citizenship without assigning any reason whatsoever and the appellant being a foreign national cannot claim equal rights under article 14 ..... in the supreme court has held that foreigners arc entitled to the protection of article 21 of the constitution of india. by virtue of their long and prolonged stay in the state, the chakmas, who migrated to and those horn in the state, seek citizenship under the constitution read with section 5 of the act. the supreme court issued certain directions to the authorities .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-14-1997
Reported in : AIR1998SC1561; 92CompCas96(SC); JT1997(8)SC401; 1997(6)SCALE367; (1997)8SCC176; Supp4SCR458; 1997(2)LC792(SC)
..... depend upon whether a particular argument was considered therein or not provided that the point with reference to which an argument was subsequently advanced was actually decided.15. again another constitution bench in mohd. ayub khan v. commissioner of police, madras and anr. : 2scr884 , held thus:this court has pronounced upon the legislative competence of the parliament to enact section ..... exercise of legislative power is not within the inhibition of section 20. therefore, the contention that the impugned legislation violates section 20 has no merit.12. this judgment of the constitution bench has been followed and applied recently in orissa cement ltd. and ors. v. slate of orissa and ors. : 2scr105 ; indian aluminum company limited and anr. v. karnataka electricity ..... conflict with entries 52 or 7 list i.6. undoubtedly, mr. sunil gupta, learned counsel for the appellant elaborately argued the matter and ultimately contended that the ruling of a constitution bench of this court in ishwari khetan sugar mills (p.) ltd and ors. v. state of uttar pradesh and ors. : 3scr331 requires reconsideration as certain aspects were not ..... 9 of the citizenship act. 1955 in izhar ahmad khan v. union of india. in the same case challenge to the validity of rule 3 of schedule iii to the rules framed under the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-29-1997
Reported in : 1997(4)ALT243
..... learned senior counsel for the petitioners mr. s. venkat reddy advancing arguments submits that the right to education is a fundamental right embraced by the article 21 of the constitution of india and therefore, the action of the respondents falls foul of the said fundamental right. he also submits that kakatiya university in fact issued a notification for conducting external examinations ..... 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 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 ..... of funds for 'education' out of the gross national product.'thus, it is clear that right to education is also a fundamental right guaranteed under article 21 of the constitution of india, unless the economic capacity and development of the state prohibits enforcement of the same. i have to accordingly hold that, in the absence of any material placed before this ..... their position to their prejudice. in such a case, the rules of promissory estoppel may apply and appropriate relief can be granted in proper cases under article 226 of the constitution of india. but, in the instant case, such a situation did not arise. by virtue of the scheme introduced by the universities, external examination system was continued and there was .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-21-1997
Reported in : 1998(1)ALD681; 1998(1)ALT375
..... established by law.12. in the above circumstances, thepetitioners' contention that their fundamental rights guaranteed under articles 19(1)(g) and 21 of the constitution are violated, has no force.13. the next contention advanced by the learned counsel for the petitioners is (hat the g.os have no ..... his person or properly but that is mainly the function ofthe stale. even remotely this cannot be comprehended within the ambit of article 21 of the constitution which postulates the fundamental right of protection of life and personal liberty. it deals with deprivation of life and as held in gopalan v. state ..... belong to every citizen of the state or country. they include the rights of property, marriage, freedom of contract etc. they go with the citizenship of a person and they are enforceable in a civil court. a citizen cannot, as a matter of right, obtain a licence for his fire ..... and after considering their representations, suitable orders would be passed. the g.os, are not vitiated by infringement of articles 19 and 21 of the constitution, as the fundamental rights did not take away the right of the state from taking reasonable action under the provisions of arms act, 1959 ( ..... assemble without arms, (o form associations, to move freely throughout india, to reside and settle in any part of india and to practise any profession or to carry on occupation, trade or business. they are codified in part-ill of the constitution. they also include right to equality, right against exploitation, right .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-20-1997
Reported in : JT1997(2)SC666; (1997)9SCC10; 2SCR224; 105STC152(SC)
..... taken a contrary view. we are not sure whether it is possible to stipulate that while deciding the question whether the said transfer of vehicles constitutes inter-state sale or not, the tamil nadu authorities shall give notice to, implead the maharashtra sales tax authorities, hear them and decide so ..... (2) itself was impugned on the ground that it purported to deprive the petitioners of their fundamental right under article 19(1)(e) of the constitution. all these contentions were rejected. we are unable to see how the ratio of or discussion in this decision is of any help to the appellant ..... establishing the said fact, it is obvious that no central sales tax will be levied by the tamil nadu authorities.5. article 269 of the constitution says that 'taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter- ..... to reopen the concluded assessments contending that the transfer of vehicles from tamil nadu to other states was not mere consignments (without effecting sales) but constitute inter-state sales within the meaning of clause (a) of section 3 of the central sales tax act, which are taxable in the state of ..... a conclusive presumption, according to it, 'the fact that a citizen of india has obtained on any date a passport from the government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of the country before that date'. the petitioners challenged the validity of rule .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-14-1997
..... . 689 (1992), we addressed the question whether civil actions for divorce, alimony, or child custody fall within 1332 when the parties are of diverse citizenship. nothing in the text of the constitution or in the words of 1332 excluded parties from bringing such "civil actions" in federal court. historically, however, decrees terminating marriages had been considered ..... exercise their jurisdiction, in otherwise exceptional circumstances, where denying a federal forum would clearly serve an important countervailing interest, for example where abstention is warranted by considerations of proper constitutional adjudication, regard for federal-state relations, or wise judicial administration." quackenbush v. allstate ins. co., 517 u. s. 706 , 716 (1996) (citations and internal quotation ..... the manner in which the commission conducted its administrative proceedings violated icb' rights to due process and equal protection. the complaints also sought relief under the illinois constitution as well as administrative review of the commission's decisions denying the permits. 161 the defendants (collectively city), who are petitioners in this court, removed both ..... ... arising under this constitution, the laws of the united states, and treaties made." see, e.g., louisville & nashville r. co. v. mottley, 211 u. s. 149 , 152 (1908); shoshone mining co. v. rutter, 177 u. s. 505 , 513 (1900). diversity of citizenship must be complete to proceed under 1332, see strawbridge v. curtiss, 3 cranch 267, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-11-1997
Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; Supp2SCR507
..... the principle of blending youth with their experienced counterpart promotees, i.e., direct recruitment and promotion drawn from two different sources, to augment efficiency in service as a constitutional principle. for instance, for all india services, direct recruitment of ias, ips etc. would be inducted from open market and promotee-officers drawn from the respective state services are their trainee officers. the ..... .r. bommai v. union of india10 a nine-judge bench of this court considered the constitutionality of the proclamation of emergency issued by the president of india exercising the power under article 356 of the constitution. in that behalf, one of us, k. ramaswamy, j., a member of the bench, dealt with the power of judicial review of this court over ..... state legislature to enact the legislation in question and in our view rightly, nor has there been any challenge on the ground of contravention of part iii of the constitution. under the constitutional scheme the power of the legislature to make law is paramount subject to the field of legislation as enumerated in the entries in different lists. the function of the ..... under chapter iv, are pillars to make meaningful the rights to justice, equality of status and of opportunity and dignity of person assured to every citizen of the country; common citizenship is uniform to all citizens of the country irrespective of their region, religion, race, caste, sex or place of birth or any of them. the fundamental freedoms are secured .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-25-1997
..... fundamentally, they maintain that the settlement proceeding instituted by class counsel and ccr is not a justiciable case or controversy within the confines of article iii of the federal constitution. in the main, they say, the proceeding is a nonadversarial endeavor to impose on countless individuals without currently ripe claims an administrative compensation regime binding on those individuals if ..... redress. objectors also argue that exposureonly claimants did not meet the then-current amount-incontroversy requirement (in excess of $50,000) specified for federal-court jurisdiction based upon diversity of citizenship. see 28 u. s. c. 1332(a). as earlier recounted, see supra, at 608, the third circuit declined to reach these issues because they "would not exist but ..... charged with the responsibility of ensuring that the interests of no class members are sacrificed. but this court cannot easily safeguard such interests through review of a cold record. "what constitutes adequate representation is a question of fact that depends on the circumstances of each case." 7 a wright, miller, & kane, federal practice and procedure 1765, at 271. that ..... on review. but there is no reason in this case to believe that the court of appeals conducted its prior review with an understanding that the settlement could have constituted a reasonably strong factor in favor of class certification. for this reason, i would provide the courts below with an opportunity to analyze the factual questions involved in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-19-1997
..... this action against respondents, the service's director and regional directors and the secretary, claiming that the jeopardy determination and imposition of minimum water levels violated 1536, and constituted an implicit critical habitat determination for the species in violation of 1533(b)(2)'s requirement that the designation's economic impact be considered. they also claimed that the ..... . a the government's first contention is that petitioners' complaint fails to satisfy the standing requirements imposed by the "case" or "controversy" provision of article iii. this "irreducible constitutional minimum" of standing requires: (1) that the plaintiff have suffered an "injury in fact"-an invasion of a judicially cognizable interest which is (a) concrete and particularized and (b ..... or duty under section 1533 of this title which is not discretionary with the secretary. "the district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation, or to order the secretary to perform such act or duty, as the case may be .... "(2)(a ..... protected by 1536, the statutory provision whose violation forms the basis for the complaint, see lujan v. national wildlife federation, 497 u. s. 871 . in addition, the biological opinion constitutes final agency action for apa purposes. it marks the consummation of the agency's decisionmaking process, chicago & southern air lines, inc. v. waterman s. s. corp., 333 u. .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1997
Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567
..... as to whether he could be taken to be holding 'any office of profit' incurring disqualification under article 191 of the constitution of india. the relevant portion of article 191 of the constitution of india reads as under: .ls1 '191. disqualifications for membership (1) a person shall be disqualified for being chosen as, ..... , 'judicial review of statutes in continental europe' 41 west virginia law quarterly, 112 at p.116] but then the position in india is different. it is the constitution of india which carves the boundaries and the boundaries so carved are neither fluid, nor elusive, nor obscure. (52) it is pre-eminently desirable ..... that even on facts no case was made out for framing of the charges. (17) since the first contention revolved around article 105 of the constitution of india, i think i would rather do well to reproduce it at this very stage. it reads as under: '105. powers, privileges, etc., of ..... 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 acknowledgements of allegiance or adherence to a foreign state; (e) if he is so ..... disqualified by or under any law made by parliament. explanationn: for the purpose of this clause, a person shall not be deemed to hold an office of profit under the government of india .....Tag this Judgment!