Court : Andhra Pradesh
Decided on : Apr-10-2000
Reported in : 2000(3)ALD46; 2000(2)ALT650
..... counsel for the petitioner that the petitioner continues to be a citizen by virtue of article 5 of the constitution of india is totally untenable. there is no whisper in the affidavit filed in support of the writ petition as to whether the petitioner acquired citizenship of pakistan and if so, the details thereof. but his passport itself reveals that he had acquired ..... a citizen within the meaning of article 5 of the constitution of india and therefore, he is entitled to reside in india irrespective of the fact that the petitioner acquired the passport which would disclose that he had acquired citizenship of pakistan.8. it is required to notice that article 7 of the constitution of india declares that notwithstanding anything in articles 5 and 6, a ..... , 1956 were ultra vires and they urge that they had not acquired the citizenship of pakistan and continued to be the citizens of india. it is under those circumstances, the apex court while upholding the constitutional validity of section 9 of the citizenship act and the rules framed there under made the aforementioned observations.11. here is the case where there is not even ..... the nineteenth day of july, 1948. article 9 of the constitution of india declares that no person shall be a citizen of india by virtue of article 5 or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign state.9. the petitioner, according to his own averments made .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-08-2000
Reported in : 2001CriLJ1123
..... of citizenship and it would require a detailed examination of evidence and the appropriate forum is provided under section 9(2) of the ..... owns property in nepal, he is a citizen of the country of nepal.5. learned counsel for the petitioner relies upon articles 5, 8, 10 and 11 of the constitution of india and he reiterated his contention that oppoiste party no. 5 is a citizen of nepal. it has also been asserted that the father of opposite party no. 5 died when ..... . in light of the aforesaid judgments and the provision in the citizenship act, we are of the view that the matter of citizenship is to be determined by the central government. we are further of the view that the issue of citizenship cannot be adjudicated upon under article 226 of the constitution of india as various question of facts are involved to decide the dispute ..... citizenship act. further, we are of the opinion that no direction, as prayed on behalf of the petitioner, can .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-15-2000
Reported in : 128STC116(P& H)
..... behalf challenging his arrest was dismissed by kerala high court which held that aboobacker will be deemed to have migrated to pakistan within the meaning of article 7 of the constitution of india and thus, was a foreigner. while upholding the decision of the high court, the majority of the supreme court referred to the non-obstante clauses contained in articles 6 ..... present in article 5 which provides for the normal case of citizenship of india. in this situation it is clear that when article 6 as ..... . articles clearly indicates that they were meant to deal with the abnormal situation and prescribe conditions as to who shall be deemed to be citizens of india on the date of the commencement of the constitution (article 6) and who shall not be so deemed (article 7). it is also remarkable that both these articles are silent on the question of domicile ..... clearly shows that the concept of domicile was not to be brought into them when deciding who shall be deemed citizens of india (article 6) or who shall not be deemed to be citizens of india (article 7). therefore, the constitution makers did not intend that the concept of domicile should be brought into articles 6 and 7 notwithstanding that such concept was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-28-2000
Reported in : AIR2000SC988; (2000)3CALLT44(SC); 2000CriLJ1473; JT2000(1)SC426; 2000(1)KLT655(SC); (2000)IIMLJ26(SC); 2000(1)SCALE279; (2000)2SCC465; 1SCR480
..... corporation of india ltd. v. commercial tax officer : 4scr99 ). it has also been held in this case that the words 'all citizens' have been deliberately used to keep ..... writ jurisdiction of this court under article 32 or the high courts under article 226 and can be validly scrutinised on the touchstone of the constitutional mandates.8. the earlier decision, namely, life insurance corporation of india v. escorts limited : 1986(8)ecc189 , in which it was observed as under:broadly speaking, the court will examine actions of state if they pertain ..... mysore : 1977crilj1141 (supra) . the decision in kasturi lal's case was also severally criticised by mr. seervrai in his prestigious book - constitutional law of india. a three judge bench of this cort in common cause, a regd. society v. union of india : 3scr1279 also did not follow the decision in kasturi lal's case (supra) arid observed that the efficacy of this ..... of the territory of india and freedom to practice any profession, or to carry on any occupation, trade or business, are available only to 'citizens' of the country,30. the word 'citizen' in article 19 has not been used in a sense different from that in which it has been used in part ii of the constitution dealing with 'citizenship' [see state trading .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-04-2000
Reported in : (2000)2GLR761
..... this appeal was also rejected on the same ground of s.13(3) that the petitioner was not a citizen of india and that a person who does not hold the citizenship of india cannot hold arms licence. the petitioner then challenged the aforesaid order by way of filing special civil application no.1889/98 ..... and so is the position with regard to right of protection against arrest and detention in certain cases under article 22. thus the founding fathers of the constitution have also kept in view the distinction between 'person' and 'citizen' and while certain fundamental rights have been made available to all the persons, certain ..... para 20 of this judgment, which is reproduced as under:-'20. in my opinion the right to bear arms is embedded in article 21 of the constitution, and hence it is a fundamental right. no doubt this right, like all fundamental rights, is subject to reasonable restrictions, but the reasonability of the ..... respectfully do not agree with the view taken by the allahabad high court that the right to bear arms is embedded in article 21 of the constitution and hence it is a fundamental right. article 21 is with regard to the protection of life and personal liberty and according to this article, ..... available and restricted only to the citizens and not the persons other than citizens. 'arms act' itself is a law and article 14 of the constitution affords equality before law and equal protection of laws not only to citizens but to all persons.16. at this stage, i may also deal with .....Tag this Judgment!
Court : Gujarat
Decided on : May-05-2000
Reported in : (2000)4GLR419
..... unable to resist the temptation of mentioning that the petitioners deserve sympathetic consideration, not only on the ground of avowed policy of the government, articulated and professed in the constitution, as stated hereinbefore, but also keeping in mind the following special facts and peculiar circumstances emerging from the record of the present cases.(1) the petitioners are widows ..... pension scheme is also a benevolent and benign scheme to give effect to important principles laid down in the directive principles of state policy in chapter iv of the constitution by its founding fathers.18. it is heartening to note that from the affidavit in reply filed in different petitions and manifested by several government resolutions and circulars, ..... and design of the directive principles of state policy incorporated in chapter iv of the constitution, indubitably, demand and command that a class of people, which is not only weaker and vulnerable, but also crossing the normal mortality age in so far as the senior citizenship is concerned, apart from their unfortunate widowhood, deserves sympatetic consideration.19. in the ..... light of the aforesaid facts and circumstances which are peculiar in nature and special in character, while viewed in the light of the statutory and constitutional set up, and the social welfare doctrine policy of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-01-2000
Reported in : 2000(1)ALD(Cri)590; 100CompCas729(AP)
..... on the parliament by virtue of article 246(1) of the constitution of india read with entries 43 and 44 of the list i in the vii schedule.article 245(2) declares that :'no law made by parliament ..... petitioners on the ground the alleged offences are committed outside the indian territory also cannot be accepted as the allegations in the complaint do constitute the offences alleged in the complaint, depending on the fact whether the petitioners are the indian citizens or not, it is to be ..... application to the transactions alleged in the complaint as admittedly the petitioners are the citizens of u.s.a.,'20. the concepts of 'residence and citizenship' are well settled and distinct. the petitioners have not made any clear averment in this regard. even if such an averment were to be ..... indian law extra-territorial operation. thirdly, the learned counsel submitted that even if the allegations are assumed to be true, they would not constitute the offences mentioned in the complaint.10. the companies act is an enactment made by the parliament in exercise of its legislative authority conferred ..... by the petitioners outside the indian territory, therefore even assuming that such a transaction would attract the penal provisions of the companies act and constitute the various offences under companies act referred to in the complaint, the indian courts would not have jurisdiction to enforce the indian law against .....Tag this Judgment!
Court : Karnataka
Decided on : May-25-2000
Reported in : ILR2000KAR2388; 2000(4)KarLJ433
..... this court also held that bharat earth movers limited and indian telephone industries limited, bangalore are authorities within the meaning of article 12 of the constitution of india. the learned counsel for the respondent 3 relied on the full bench judgment of this court in m. kumar's case, supra, and submitted ..... as and for being a councillor-(c) if he holds any office of profit under the government of india or the government of any state specified in the first schedule to the constitution of india, or under any local or other authority subject to the control of any of the said government other ..... menon relied on the judgment of the supreme court in aklu ram mahto v rajendra makto . the supreme court dealt with article 191 of the constitution. article 191 deals with disqualification for being chosen as a member of the legislative assembly or legislative council of the state. article 191 reads as ..... stands 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 acknowledgment of allegiance or adherence to a foreign state;(e) if he is so disqualified ..... by or under any law made by parliament.explanation.--for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india .....Tag this Judgment!
Court : Orissa
Decided on : Aug-04-2000
Reported in : AIR2001Ori24
..... of the respondents are in accordance with law ?(3) whether respondent no. 1 --ranganath misra is qualified to contest election to parliament, and whether article 124(7) of the constitution of india, 1950 constituted a bar for such contest, and whether his nomination was improperly accepted ?(4) whether there was any cross-voting by horse-trading of opposition votes ?(5) whether the counting ..... . 4, the returning officer, has also filed a written statement and submitted that filing of nominations, scrutiny of nominations and counting of votes are regulated under the provisions of the constitution of india, the act and the rules made thereunder, the registration of electors rules, the parliament (prevention of disqualification) act, and the prohibition of simultaneous membership rules. he has submitted that ..... is of unsound mind and stands 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 acknowledgment of allegiance or adherence to a foreign state;(e) if he is so 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 or the government .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-15-2000
Reported in : 2001(1)ALD(Cri)222; 2001(1)ALT19(SC); 2001CriLJ2932; JT2001(1)SC81; 2001(1)KLT585(SC); 2000(8)SCALE345; Supp5SCR677; 2001(1)LC543(SC); (2001)1UPLBEC335
..... formulated rules in exercise of the powers under section 23 of the contempt of courts act read with article 145 of the constitution of india. it is called 'supreme court of india rules to regulate proceedings for contempt of the supreme court, 1975'. rule 10 says: 'the court may direct the attorney general ..... v. hon'ble the chief justice of india : 1996crilj3274 a contemnor filed a writ petition against the then chief justice of india and sought a declaration that the then chief justice of india was unfit to hold that office and hence he should be stripped of his citizenship. he also sought for a direction to ..... register an fir against the then chief justice of india under different provisions of ..... ipc and to prosecute him under the prevention of corruption act, and lastly he prayed for a direction that the chief justice of india should pay a ..... rate would tend to scandalise and lower the authority of the courts as a whole, and particularly the supreme court of india. chief justice of india by virtue of his constitutional ranking is the head of the indian judiciary. when threats of the above nature have been hurled at him they would .....Tag this Judgment!