Court : Mumbai
Decided on : Sep-29-1999
Reported in : (2000)102BOMLR390
..... for are as under:-21. the petitioner, therefore, prays that:(a) this hon'ble court be pleased to issue a writ of mandamus under article 226 of the constitution of india or any other appropriate writ and/or direction in the nature of writ of mandamus, directing the respondents to grant police protection to the petitioner at his own cost and ..... and personal liberty against state action and not against violation thereof by private individuals. in this behalf, we may refer to the decision of a constitution bench in p.d. shamdasani v. the central bank of india ltd. : 1scr391 . the question arose before the apex court with reference to the transfer of shares by the petitioner shamdasani who approached ..... suffrage it comes into existence and the majority political party assumes governance of the country. the directive principles are the fundamentals in their manifestos. any digression is unconstitutional. the constitution enjoins upon the executive, legislature and the judiciary to balance the competing and conflicting claims involved in a dispute so as to harmonise the competing claims to establish an ..... chakma/hajong tribals. the chakmas were formerly from the erstwhile east pakistan (now bangladesh) and were displaced by kaptai hydel power project in 1964. the question of grant of citizenship to the chakmas was pending the consideration of the central government. since the chakma refugees apprehended their forcible expulsion from the state of arunachal pradesh, the n.h.r.c .....Tag this Judgment!
Court : Orissa
Decided on : Feb-04-1999
Reported in : 87(1999)CLT533; 1999(I)OLR448
..... ceding a part of their sovereignty to the federal state. it has undoubtedly certain federal features but it is still not a federal state and it has only one citizenship, namely, the citizenship of india. it has also one single unified legal system which extends throughout the country. it is not possible to say that a distinct and separate system of law prevails ..... knowledge in oriya. the impugned order of the collector does not indicate anything adverse about the fact of the petitioner permanently staying at dipupara in jharsuguda town. there is neither constitutional nor legal sanction to refuse a person a certificate for his permanent residence at a particular place. language, religion and caste of one person have no nexus with one's ..... in the country where the individual resides.in para-8 of the judgment the court held as follows :'now it is clear on a reading of the constitution that it recognises only one domicile, namely, domicile in india. article 5 of the constitution is clear and explicit on this point and it refers only to one domicile, namely, 'domicile in the territory of ..... permanent place of stay. rather such considerations are against the mandate of articles 15 and 16 of the constitution as held by the apex court in the case of dr. pradeep jain and ors. v. the union of india, air 1984 sc 1421. a reading of the judgment would show as to what was stated by the court with .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-17-1999
..... . the district court granted ruhrgas' motion. noting that texas' long-arm statute authorizes personal jurisdiction to the extent allowed by the due process clause of the federal constitution, the court addressed the constitutional question and concluded that ruhrgas' contacts with texas were insufficient to support personal jurisdiction. the en banc fifth circuit vacated and remanded, holding that, in removed cases, ..... , 3 cranch 267 (1806); r. fallon, d. meltzer, & d. shapiro, hart and wechsler's the federal courts and the federal system 1528-1531 (4th ed. 1996). the foreign citizenship of defendant ruhrgas, a german corporation, and plaintiff norge, a norwegian corporation, rendered diversity incomplete. 3 title 9 u. s. c. 205 allows removal "[w]here the subject matter of ..... district court for the southern district of texas. see 145 f.3d 211 , 214 (ca5 1998). in its notice of removal, ruhrgas asserted three bases for federal jurisdiction: diversity of citizenship, see 28 u. s. c. 1332 (1994 ed. and supp. iii), on the theory that norge, the only nondiverse plaintiff, had been fraudulently 580 joined; 2 federal question, ..... that ruhrgas had diminished the value of the license norge had assigned to mpcn. ruhrgas removed the case to the district court, asserting three bases for federal jurisdiction: diversity of citizenship, see 28 u. s. c. 1332, on the theory that norge, the only nondiverse plaintiff, had been fraudulently joined; federal question, see 1331, because marathon's claims .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-16-1999
Reported in : 2000(2)ALD209; 2000(1)ALT353
..... the conduct of the cantonment board. therefore, they can maintain this writ petition.28. the cantonment board which is a local authority within the meaning of article 12 of the constitution of india, has certain obligations towards its citizens -among them are providing amenities to its citizens; keeping the area clean taking such other steps that are necessary to prevent health hazards ..... persons whether an individual or an organisation can challenge the action of such authority either by instituting a suit or by filing a writ petition under article 226 of the constitution of india. who is the person aggrieved, what are the duties of the authorities, what action be initiated against those who have violated the law has been made clear by number ..... is becoming clear is that the restructuring of the democratic process has altered the pattern of citizenship where once the public official as in the days of washington or jefferson had a deep and honest sense of public sacrifice, we are today witnessing the close collaboration of ..... . keepers of the social conscience, they express themselves openly and aggressively. when the record of the environmental movement is finally registered, the emphasis will be on the new breed of citizenship it fostered. and it will contrast mightily with the sordid strategy of the corporate board rooms where thy scoff at do-gooders and belittle nobility of purpose.'he added :'what .....Tag this Judgment!
Court : Delhi
Decided on : Feb-17-1999
Reported in : 1999IIAD(Delhi)124; 1999CriLJ3861; 78(1999)DLT442
..... appears that the plea that the petitioner had made the said applications on a wrong advice is an after thought. the petitioner having applied for indian citizenship and for grant of permission to stay in india and having acquired afghan passport repels the contention of the petitioner that he is an indian citizen. in abdus samad vs . state of west bengal, : 1973crilj1 ..... before this court, being criminal writ no. 397/98. in that writ petition the petitioner pleaded that he was born and brought up in india and was not having citizenship or nationality of any other country except india. it was also urged that the order dated may 5, 1998 was passed by the first respondent without affording him an opportunity of being heard ..... 5(1)(a) of the citizenship act, 1955, for being registered as a citizen of india, it was held that the application for registration as an indian citizen totally repels any plea of citizenship of the appellant. thus, the claim of the appellant that he had come to calcutta in 1914 and thereforee at the commencement of the constitution he became a citizen under ..... article 5(c) of the constitution, did not find favor .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-13-1999
Reported in : (2000)1GLR111
..... , states that she does not want to return to botswana and that she wants to stay in india. it is contended for her that she is a citizen of india by birth and that her citizenship by birth stands revived. the question of validity of the ex parte order obtained by the petitioner ..... at that time the respondent no.1 was an indian citizen. thereafter, due to marriage she became a citizen of botswana following the petitioner's citizenship. according to the petitioner a daughter and a son were born during the marriage and they are 8 and 4 years of age respectively. some differences ..... before granting custody to their father from their mother. the petitioner did not disclose to that high court of the possibility of having returned to india where her parents resided. therefore, without adjudicating upon the final rights of the parties we find that this is not a fit case where in ..... these minor children to remain with their mother. in our view, the minor children cannot be said to have been illegally detained because while in india the respondent, mother is entitled to keep them in her custody since they require maternal care and affection which the petitioner cannot give them in botswana ..... and having read the documents filed in the record, ordered that the respondent shahida was restrained from removing the two minor children from botswana to india or to any other place without the applicant's consent and directed that the applicant be granted custody of the minor children. copies of these .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-24-1999
Reported in : AIR1999SC1315; 1999(1)ALD(Cri)688; 1999(1)ALT(Cri)271; 1999CriLJ2041; 1999(2)Crimes12(SC); JT1999(2)SC388; 1999(2)SCALE234; (1999)3SCC337; 2SCR160
..... section 3 by virtue of section 21 is expressly made rebuttable and the accused can even then prove the non-existence of a fact essential to constitute an ingredient of the offence under section 3. on the same principle, the statutory presumption arising of the lesser offence under section 5 on proof ..... act. the question now is about the nature of this statutory presumption.18. while considering the nature and ambit of the presumptions in tadaa the constitution bench made reference to section 21 of the tadaa which speaks of presumption as to the offence under section 3. the following observation made by the ..... 5 of the tadaa is a more aggravated offence than section 25 of the arms act.17. in the above context reference to the decision of the constitution bench in sanjay dutt v. state : 1995crilj477 , has to be made. the five-judge bench considered 'the proper construction of section 5 of the ..... as a citizen of pakistan and in such a case he must be deemed to have ceased his citizenship of india. in support of his argument learned addl. solicitor general referred to section 9 of the citizenship act, 1955.10. it may be so and we do not think it necessary to advert to ..... includes a passport which having been issued by or under the authority of the government of a foreign country satisfies the conditions prescribed under the passport (entry into india) act, 1920 (34 of 1920), in respect of the class of passports to which it belongs;(b) 'travel document' includes a travel document which having .....Tag this Judgment!
Court : Patna
Decided on : Dec-01-1999
..... initiated against the petitioner for the alleged offence is an abuse of the process of the court. however, ultimately, if the government of india refused to grant citizenship in that event, the petitioner will immediately leave india without any further delay failing which he shall be liable to be prosecuted under the appropriate provisions of the foreigners act. accordingly, the prosecution ..... the petitioner is quashed and consequently, the application is allowed. in the facts and circumstances of the case, it is desirable that the government of india must consider the prayer of the petitioner for grant of citizenship in accordance with law as early as possible preferably within three months from the date of receipt/production of a copy of this order. ..... he cannot be treated as a foreigner and no penal action can be initiated. the question of grant of indian citizenship of the petitioner is still subjudiced before the government of india. further, the petitioner has been allowed to stay in india till, 1996, he cannot be prosecuted for such offences and, in my view the very initiation of the proceeding ..... period of overstay has been regularised by the government itself, the petitioner cannot be prosecuted for the same period of overstaying in india. it is, further, submitted that since the petitioner has already applied for the grant of indian citizenship and unless and until, the specific order is passed on the request made by the petitioner, he cannot be prosecuted for .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-28-1999
Reported in : ILR1999KAR1233; 1999(3)KarLJ73
..... -chancellor is the whole time officer of the university. the provisions of the act mandates that it shall be the duty of the first vice-chancellor to make arrangements for constituting the syndicate and other authorities of the university within six months from the date of commencement of the act or within such longer period not exceeding one year as the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-06-1999
Reported in : AIR2000P& H27; (1999)123PLR216
..... facts of the case clearly show that in that case there was a clear indication that the landlady wants to shift to india for education of her children. here in the present case the landlord has taken the citizenship of canada because most of his relatives are living in canada. 16. reference was also made to the decision of the ..... in the case of tripta soni v. s. p. jain, (1987) 2 rent cr 181. in the cited case the landlady living in england wants to settle in india and occupy his own house for education of her children. there was nothing on the record to show that she wanted enhancement of the rent. it was held that requirement ..... must be held to be bona fide. the plea of the petitioner that respondent is residing abroad even was rejected. it was held that he had come to india and stayed in india for long intervals. as a result of the dismissal of the appeal, the present revision petition has been filed. 7. learned counsel for the respondent on the ..... admittedthat he is hardly in a position to see and ishard of hearing. 13. on behalf of the respondent it was urged that the respondent has been visiting india and staying in india for long periods which shows that he intends to reside in his own house. it is correct that the respondent had come to ..... india and stayed for one year in 1987-1988, again for one year in 1989 to 1990 and thereafter has been staying for 5 to 6 months at .....Tag this Judgment!