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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2001 Page 1 of about 21 results (0.095 seconds)

Sep 12 2001 (SC)

Hari Shankar JaIn Vs. Sonia Gandhi

Court : Supreme Court of India

Decided on : Sep-12-2001

Reported in : 2001VIIAD(SC)313; AIR2001SC3689; JT2001(7)SC629; 2001(6)SCALE233; (2001)8SCC233

..... a person had never been an indian citizen as distinguished from question of any person having acquired the citizenship of another country (and consequent thereupon his india citizenship having been terminated) can be examined by a civil court. so is the view taken by another constitution bench in the state of andhra pradesh vs . abdul khader, : 1961crilj573a . in sejal vikrambhai patel & etc. vs . state ..... not. no basis or source of knowledge of all such averments is stated. a major part of the election petition sets out a plea raising a contention that in the constitutional scheme of citizenship a distinction has been drawn between 'citizen of india' and being an 'indian citizen'. developing the plea, hari shanker jain submitted at the hearing that in part ii of ..... constitution, while dealing with citizenship, articles 5 to 10 use the expression 'citizen of india' article 11 which empowers parliament to make law with respect to the acquisition and termination of citizenship and all other matters relating to citizenship speaks of 'citizenship' only and not of 'citizenship of india'. parliament cannot, therefore, make any law conferring status of .....

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Feb 07 2001 (HC)

Wazir Ahmed Khan and ors. Vs. Mohd. Anwar Ali and anr.

Court : Rajasthan

Decided on : Feb-07-2001

Reported in : 2001CriLJ1607; 2001(4)WLN64

..... , the legislative intention has been made clear that all cases which come up for determination where an indian citizen has voluntarily acquired the citizenship of a foreign country after the commencement of the constitution i.e. after january 26, 1950 and after the commencement of the indian citizenship act, 1955 is within the exclusive jurisdiction of the central government. now under the indian ..... both the courts below and it is hereby affirmed.' 14. thus, this court had come to the conclusion that the civil courts had no jurisdiction to decide the question of citizenship and therefore, the dismissal of the suit on the ground of lack of jurisdiction was proper. this should have been the end of the matter and the decree of dismissal ..... .2000, the civil judge (senior division), chhabra passed an order that as the second appeal has been dismissed, a communication be sent to the ministry of foreign affairs, government of india to arrest the plaintiff-applicants and to deport them to pakistan. it is also alleged that when this order came to the knowledge of the applicants, they moved an application ..... , the plaintiffs have ceased to be citizens of this country and a communication be sent to the ministry of foreign affairs for their deportation out of india and the appellants be arrested and sent out of india. this was a totally unnecessary and unwarranted order and if the non petitioner no. i had properly read the order before signing it, he would .....

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Oct 06 2001 (HC)

Indian Acrylics Ltd. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Oct-06-2001

Reported in : [2002]128STC146(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 ..... be invoked while granting exemption under the 1996 policy and the same are liable to be declared ultra vires to the 1996 policy and articles 265 and 300a of the constitution of india.4. respondents nos. 1 and 3 have not controverted the petitioner's assertion that the exemption granted to its original unit had come to an end in january, 2000 ..... 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 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 indicate 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 .....

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Oct 15 2001 (HC)

Jyoti Phoschem Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Oct-15-2001

Reported in : [2002]128STC466(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-maker did not intend that the concept of domicile should be brought into articles 6 and 7 notwithstanding that such concept was .....

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Feb 14 2001 (HC)

B.N. Bajpai Vs. Ramdayal Uike and Others

Court : Chhattisgarh

Decided on : Feb-14-2001

Reported in : 2001(2)MPHT96(CG)

..... chair or office. would the rules which govern a social/moral contract and a society would over- ride the provisions of constitution of india would the very preamble of.' the constitution which says that 'we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens', would become redundant and useless. when the ..... people of india have given the constitution to themselves they knew well that they would be bound by the provisions of constitution of india, their rights and liabilities ..... 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 .....

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Apr 20 2001 (HC)

Surendra Dash Vs. Laxmidhar Sahoo and anr.

Court : Orissa

Decided on : Apr-20-2001

Reported in : 92(2001)CLT114

..... up the vacancy. 4. the aforesaid judgment of the tribunal was challenged by the present appellant in this court in an application filed under articles 226 and 227 of the constitution of india find the learned single judge, after hearing learned counsel for the parties, has rejected the application and confirmed the judgment of the tribunal. the appellant has, therefore, come up ..... to fortify his argument, shri mohanty refers to a decision of the apex court in bhagwati prasad dixit v. rajeev gandhi, a. i. r. 1986 s. c. 1534, wherein the citizenship of a candidate was questioned in an election petition, and draws our attention to the observations made in para 5, which are as under : '5. as regards ground no. (i ..... is enacted by parliament in exercise of its powers under entry 17 of list i of the .seventh schedule to the constitution read with article 11 thereof. article 11 of the constitution reads thus : '11. parliament to regulate the right of citizenship by law--nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision ..... , 1956 makes it cleat that no other court or authority has the power to decide the question as to whether, when or how a person has acquired the citizenship of another country. in the present case, no similar provision or procedure is available either in the 1969 act or 1970 orissa rules or in the 1886 act. there is .....

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Oct 04 2001 (HC)

Madhava Rao Desai Vs. Union of India and ors.

Court : Andhra Pradesh

Decided on : Oct-04-2001

Reported in : 2002(1)ALD398; 2002(4)ALT661; 93(2001)DLT321

..... not required to be followed while initiating the proceedings under section 153 of the act, the same must be held to be ultra vires.articles 102 and 191 of the constitution of india reads thus:102: disqualification for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of either house of parliament -- (a) if he ..... is of unsound mind and stands so declared by a competent court;(c) if he is not 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 disqualified by or under any ..... is of unsound mind and stands so declared by a competent court;(c) if he is not 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 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 .....

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Feb 27 2001 (SC)

State of Punjab and ors. Vs. Bhajan Singh and anr.

Court : Supreme Court of India

Decided on : Feb-27-2001

Reported in : AIR2001SC1098; JT2001(3)SC249; RLW2001(2)SC185; 2001(2)SCALE246; (2001)3SCC565; [2001]2SCR149; 2001(2)LC1128(SC)

..... being chosen as, and for being a member of a panchayat or a municipality, - (a) 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; or (b) if he is of ..... to or ancillary or in connection with the provisions of the panchayat and municipalities in terms of the provisions of part ix and ixa of the constitution. chapter iv in general and section 11 in particular deals with the disqualifications for membership of a panchayat or municipality. section 11 reads:'disqualifications for ..... 24 of the act. it appears that the appellants have overlooked the provisions of the punjab state election commission act, 1994 which deals with the constitution of the state election commission and for vesting the superintendence, direction and control of the preparation of the electoral rolls for and in the conduct of ..... it may be noticed at this stage that the general elections to the panchayat and the municipalities are to be conducted by the state election commission constituted under the punjab state election commission act, 1994 (punjab act no.19 of 1994). after the general elections of the municipality, election of president and ..... of section 16 which justified the action by the appellants for his removal.8. chapter iii of the act deals with the constitution of council which has been defined under section 2(4) to mean a municipal council or a nagar panchayat, as the case may be .....

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Jun 28 2001 (FN)

Zadvydas Vs. Davis

Court : US Supreme Court

Decided on : Jun-28-2001

..... 2001) (imposing burden of proving nondangerousness upon alien) with foucha, supra, at 82 (striking down insanity-related detention for that very reason). this court has suggested, however, that the constitution may well preclude granting "an administrative body the unreviewable authority to make determinations implicating fundamental rights." superintendent, mass. correctional institution at walpole v. hill, 472 u. s. 445 , ..... may refuse to admit aliens who have committed certain crimes-see, e. g., brief for petitioner in no. 99-7791, at 19 ("lithuanian law precludes granting of citizenship to persons who, before coming to lithuania, have been sentenced in another state to imprisonment for a deliberate crime for which criminal liability is imposed by the laws of ..... long it took in the past to remove. zadvydas' case itself demonstrates that the repatriation process may often take years to 713 negotiate, involving difficult issues of establishing citizenship and the like. see brief for petitioner in no. 99-7791, pp.17-20. it is to be expected that from time to time a foreign power will ..... republic (zadvydas' wife's country) to accept him, but this effort proved unsuccessful. in 1998, lithuania rejected, as inadequately documented, zadvydas' effort to obtain lithuanian citizenship based on his parents' citizenship; zadvydas' reapplication is apparently still pending. the ins kept zadvydas in custody after expiration of the removal period. in september 1995, zadvydas filed a petition for a .....

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Dec 31 2001 (HC)

Romesh Lal Mottan and ors. Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Dec-31-2001

Reported in : 2002CriLJ3386

..... observed that 'as a citizen, one sustains special, political, and moral obligation to the state and possesses social and political rights under the constitution and laws thereof.' the term 'citizenship' stands defined at page 1130 of the same volume of the corpus juris secundum. it carries with it the idea of connection or identification ..... citizens which suffers on account of this wide spread loss. it was precisely for this reason, the chapter on fundamental duties was added in the constitution of india, article 51a reminds the citizens of this country that they owe a duty to safeguard the public property and to avoid violence. the citizens of ..... proposition that the state is under an obligation to see to it that the fundamental rights as conferred under article 21 and 22 of the constitution of india are not transgressed and if there is a need to detain a person, then the police authorities are to follow the norms indicated in the ..... in these petitions. one issue is with regard to the rights of the citizens as conferred upon them by articles 21 and 22 of the constitution of india and the other is vis-a-vis duty of a citizen to see to it that the public property is not damaged.9. the supreme ..... was also taken note of in the aforesaid case by the supreme court. the fact that fundamental rights occupy a place of price in the constitution of india and the fact that article 21 provides that no person shall be deprived of his life and personal liberty except under the procedure prescribed under .....

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