Court : Delhi
Decided on : Aug-21-1998
Reported in : 1998(47)DRJ242
..... namely, (a) he was born in the territory of india; at (b) either of his parents were born in india; or (c) he has been ordinarily residing in india for not less than five years immediately proceeding the commencement of constitution. the burden to prove each condition is on the person who claims right of citizenship. there is no material brought on record to show ..... that the petitioner was born in india. rather the material brought on record ..... been considered as sufficient for conferring status of indian citizenship on him. grant of status of citizenship on him is evidenced by the very fact of issuance of two passports in his favour. this contention is also without any merit and deserves rejection. the basic condition for applicability of article 5 of the constitution of india is that the person must have his domicile ..... in india at the commencement of the constitution. on satisfaction of this .....Tag this Judgment!
Court : Chennai
Decided on : Feb-23-1998
Reported in : 1998(1)CTC761; (1998)IIIMLJ72
..... occupation is concerned, it is stated by the tenant in the counter that the second landlady is living in america and she had acquired that country's citizenship. she had no idea of returning to india. the first landlady had also decided to go to america and live with her daughter. therefore the requirement of owner's occupation is baseless. the claim ..... that the first landlady's relatives are residing with her cannot be taken into account to conclude that they constitute a family aridtherefore that ground cannot be put forward ..... from the commencement thereof, the tenant relies upon ex.r.3 which is a letter proved to have been returned by dr.kanthamani to the branch manager, state bank of india. this letter is dated 12.3.1983. it appears that the tenant wanted to avail a loan from the said bank. in that context, that letter had come into existence .....Tag this Judgment!
Court : Orissa
Decided on : Nov-08-1998
Reported in : AIR1999Ori97
..... all over the world. without education being provided to the citizens of this country, the objectives set forth in the preamble to the constitution cannot be achieved. the constitution would fail. we do not think that the importance of education could have been better emphasised than in the above words. the importance ..... governments................ it is required in the performanceof 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 ..... intimation till the date of final notification by the director) shall be invalid for the reason of any vacancy in membership or any defect in the constitution of the governing body.' 4. the word 'education' is derived from the latin word 'educa' which means bringing out a latent faculties. the new ..... :'providing public schools ranks at the very apex of the function of a state.' the said fact has also been affirmed by eminent educationists of modern india like dr. radhakrishnan, j.p. naik, dr. kothari and others. 18. it is stated by the petitioners that ramachandra has read up to ..... made generally available and higher education shall be equally accessible to all on the basis of merit.' 16. in bandhua mukti morcha v. union of india, air 1984 sc 802 : (1984 lab 1c 560), the apex court held that the right to life guaranteed by article 21 does take in .....Tag this Judgment!
Court : Orissa
Decided on : Dec-08-1998
Reported in : 1999(I)OLR137
..... over the world. without education being provided to the citizens of this country, the objectives set forth in the preamble to the constitution cannot be achieved. the constitution would fail. we do not think that the importance of education could have been better emphasised than in the above words. the importance ..... .......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 latter professional training, and in helping him ..... intimation till the date of final ratification by the director) shall be invalid for the reason of any vacancy in membership or any defect in the constitution of the governing body.'4. the word 'education' is derived from the latin word 'educa' which means bringing out latest faculties. the new oxford ..... :'providing public schools ranks at the very apex of the function of a state.'the said fact has also been affirmed by eminent educationists of modern india like dr. radhakrishnan, j.p. naik, dr. kothari and others.18. it is stated by the petitioners that ramachandra has read up to ..... made generally available and higher education shall be equally accessible to all on the basis of merit.' 16. in bandhua mukti morcha v. union of india : air 1984 sc 802, the apex court held that the right to life guaranteed by article 21 does take in 'educational facilities'. having .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-22-1998
..... court might choose to apply. the complaint must be dismissed because the court has no power to provide the relief requested: conferral of citizenship on a basis other than that prescribed by congress. the constitution "contemplates two sources of citizenship, and two only: birth and naturalization." united states v. wong kim ark, 169 u. s. 649 , 702 (1898). under the ..... judicial power in this area, see, e. g., fiallo v. bell, 430 u. s. 787 , 792, remedy that constitutional infirmity by declaring petitioner to be a citizen or ordering the state department to approve her application for citizenship, see ins v. pangilinan, 486 u. s. 875 , 884. this is not a case in which the court may remedy ..... , the transmission of american citizenship from parent to child, jus sanguinis, has played a role secondary to that of ..... if the standard that the law applies is specially lenient, then statutes conferring citizenship upon these children could discriminate virtually free of independent judicial review. and as a result, many such children, lacking citizenship, would be placed outside the domain of basic constitutional protections. nothing in the constitution requires so anomalous a result. i recognize that, ever since the civil war .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-21-1998
Reported in : AIR1998Bom287; 1998(3)ALLMR282; 1998(3)BomCR562; 96CompCas140(Bom); 1998(2)MhLj668
..... tax was liable on its property since the company was owned wholly by the government of india and that the municipal corporation was estopped from levying the property tax in view of article 285 of the constitution of india. in the context, the court observed, as under : 'even though the entire share ..... correct in law? the supreme court has made the following conclusions: '26. from the above discussion, the following principles would emerge: (1) the constitution of the corporation or instrumentality or agency or corporation aggregate or corporation sole is not of sole material relevance to decide whether it is by or under ..... either by itself or by taking it as the aggregate of citizens that nationality of a corporation is a different concept not to be confused with citizenship of natural persons, that the word 'citizen' in article 19(1) sub-clause (f) and (g) refers to a natural person, that ..... whether the state trading corporation, a company registered under the indian companies act, 1956, is a citizen within the meaning of article 19 of the constitution and can ask for the enforcementof fundamental rights granted to citizens under the said article, and (ii) whether the state trading corporation is, notwithstanding the ..... and that if it is, then behind that veil there is the government of india.' '68. in my judgment it is not possible to pierce the veil of incorporation in our country to determine the citizenship of the members and then to give the corporation the benefit of article 19. .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Feb-20-1998
Reported in : AIR1999J& K140
..... added respondent submits that either he should be heard by this court or a direction be given that when the application vis-a-vis conferring of citizenship of india on the minor is considered, when he should be afforded an opportunity of hearing. this is being opposed by the counsel for the petitioner. ..... release from unlawful detention whether in prison or private custody. in this connection it may be noted that the actual physical confinement is not necessary to constitute detention. control and custody are enough. proceedings by way of habeas corpus can be adopted for obtaining custody of minors by their parents, legal ..... relief had to be refused to the petitioner was summarily rejected. it has also to be said that this court acted under article 32 of the constitution and asked for a report from the district judge who was required to make an inquiry into the question of 'welfare' of the minor because ..... basic features of the english writ of habeas corpus still retain their prestine form and colour because the writ is in terms named in the constitution though the qualifying words of the nature of appearing in arts. 32 and 226 are used deliberately indeed only to indicate that the relief may ..... obtained and the visa stands extended. (vii) a distinction has also been made between a writ of habeas carpus contemplated by article 226 of the constitution and the orders which the court passes under section 491 of the cr. p.c. as applicable to the state of jammu and kashmir. according .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-27-1998
Reported in : 1998(5)ALD426; 1998(2)ALT(Cri)462; 1999CriLJ39
..... the learned counsel for the petitioners submitted that it is evidently a fit case where the prosecution should be quashed exercising the extraordinary jurisdiction under article 226 of the constitution of india.10. the learned counsel for the respondents no.3 & 4 vehemently opposed the arguments advanced by the learned counsel for the petitioners. the learned government pleader appearing ..... the writ petition should be dismissed.11. the question, therefore, is whether it is a fit case for exercising the extraordinary jurisdiction under article 226 of the constitution of india and quashing the investigation directed by the mahila court at hyderabad into the complaint filed by the 2nd respondent against the 1st petitioner and others.12. before referring ..... manila court at hyderabad. consequently, the mahila court at hyderabad has no jurisdiction.8. the learned counsel for the petitioners also submitted that the petitioner no.l obtained swedish citizenship and, therefore, the manila court cannot take cognizance of any of these offences without the previous approval of the central government under section 185 of the criminal procedure cede ..... rate of swedish kamavar 1500 for each child. the 1st petitioner along with his two sons had acquired swedish citizenship. the 2nd respondent \~as granted permanent residence permit on 27-9-1989 as she was not keen on acquiring swedish citizenship, the permanent residence permit was being renewed and -is valid upto 27-9-1998. while granting the decree .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-17-1998
Reported in : (1998)3CALLT464(HC),236ITR950(Cal)
..... professional gentlemen who assist them in the matter, should be regarded as a commendable exercise of ingenuity or as a discharge of the duties of good citizenship. on the contrary, one result of such methods, if they succeed, is. of course, to increase pro tanto the load of tax on the ..... the transaction was not genuine. this aspect however could not be explained by the assessee.38. regarding sale of shares of three companies particularly jokai india ltd. no evidences was produced on behalf of the assessee that there was no other buyer of the shares except mr. kanoria. its chairman, ..... explained by the assessee and not dealt with by the tribunal. (d) regarding the sales of shares of the three companies, particularly, m/s. jokai (india) ltd. the assessee produced no evidence that there was no other buyer of the shares except mr. kanoria, its chairman, although those shares were quoted in ..... the commissioner of income-tax (appeals) after considering the assessee's submission and the whole facts of the case in respect of share of jokai india ltd. held that the arrangement for sale of shares was a part of well-planned scheme of tax avoidance and there was no commerical prudency ..... of salesale priceloss10.3.74the general fibre dealers ltd.5760153867.5010.7.818640067467.5018.8.76bhagatpur tea co. ltd.1448145562.50'21720123842.5023.6.86jokai india ltd.21850595486.50'447925147551.50 556045338861.50all the aforesaid sales were made by the company with the chairman of the assessee company. sri r.l. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-17-1998
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; 2SCR870
..... enjoy such powers, privileges and immunities which had been recognised to be existing for a member of house of commons at the commencement of the constitution of india. as i respectfully agree with the reasonings indicated in the judgment of the learned brother mr. justice s.p. bharucha that in the ..... in the lacuna in the existing law and to provide for punishment of corrupt practices by or relating to members of legislative bodies constituted under the government of india act, 1919, and has taken note that the said bill was not enacted into law. the court has also referred to the ..... 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 acknowledgement of allegiance or adherence to a foreign state; (e) if he is so ..... office declared by parliament by law not to disqualify the holder; the declaration by a competent court of unsoundness of mind; undischarged insolvency; the citizenship of a foreign state or acknowledgement of allegiance or adherence thereto; and disqualification under any law made by parliament or under the tenth schedule. under ..... disqualified by or under any law made by parliament.explanation - 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!