Court : Allahabad
Decided on : Oct-04-2005
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... . v. commercial tax officer and ors. air 1963 sc 1811, with reference to the provisions of article 5 to article 11 of the constitution of india read with the citizenship act, 1955, a distinction between nationality and citizenship and between natural persons, in contradistinction to legal juristic persons, covered by the definition of 'citizens' entitled to the benefit of the fundamental rights made available ..... competent to claim the protection of article 30(1) of the constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be ..... reproduce relevant portion of the paragraph 28 of the constitutional bench judgment of the hon'ble supreme court of india in the case of st. stephen's college v. university of delhi, : air1992sc1630 , wherein it has been held as follows :'prior to the commencement of the constitution of india, there was no settled concept of indian citizenship. this court, however, did reiterate that the minority .....Tag this Judgment!
Court : Delhi
Decided on : Apr-21-2005
Reported in : 120(2005)DLT274; 2005(82)DRJ50
..... citizenship after its commencement or the termination of citizenship or other matters relating to citizenship. under art. 11, the constitution expressly saves the power of parliament to make a law to provide for such matters ..... year 1983. now after two decades it is too late in time to entertain a petition under article 226 of the constitution of india. it was for the petitioner to challenge the order made by the competent authority under the citizenship act, 1955. in view of inordinate delay in approaching court without availing the remedy provided under the statute, it would ..... by the petitioner.8. it is contended that respondent no.5 acquired citizenship on or about 30.4.1983 under section 5(1)(c) of the citizenship act, 1955. the citizenship act, 1955 came to be enacted by parliament to provide for the acquisition and determination of indian citizenship. the constitution of india does not, however, make any provision with respect to acquisition of ..... section 5 of the act can be registered as a citizen of india. the procedure, as indicated in part ii of the rules under the citizenship act known as citizenship rules is to be followed. the authority constituted under rule 8 is empowered to register a person as a citizen of india.11. it is not the case of the petitioner that respondent .....Tag this Judgment!
Court : Delhi
Decided on : Aug-17-2005
Reported in : AIR2006Delhi2; 123(2005)DLT143; 2005(84)DRJ157
..... is the day on which she ceases to be a minor then all the conditions envisaged conjointly in article 5 of the constitution and section 3 of the citizenship act are fulfillled, that is, she was born and domiciled in india, and her parents are indian citizens. the present case thus present no problems. 9. in these circumstances, the writ petition is allowed ..... that at the time of its commencement every person who is domiciled in the territory of india and who was born in the territory of india shall be a citizen of india. if there is any divergence between the provisions of the constitution and any statute such as the citizenship act, the consequence would be that the statute may have to be struck down as ..... every person born in india between 26.1.1950 and 1.7.1987 shall be a ..... proves that his parents (mother & father) were citizen of india at the time of his/her birth. the applicant requires certificate of registration as an indian citizenship from the govt. of india u/s 13 of the citizenship act. this opinion is based neither on section 3 of the citizenship act nor article 5 of the constitution. as has already been seen section 3 declares that .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-11-2005
Reported in : 2005(4)MhLj688
..... of law prevails all over that country'.10.10 this court in michael anthony rodrigues v. state of bombay and ors. : air1956bom729 , observed that 'under article 5 of the constitution of india, nationality and domicile are two entirely different concepts in private international law. a man may have one nationality and different domicile. he may owe allegiance to one country and he ..... in this country for more than a decade before the commencement of the constitution, he must be deemed to have acquired his domicile in this country and consequently the indian citizenship. although it is impossible to lay down an absolute definition of domicile, as was stated in central bank of india v. ram narain : 1955crilj152 , it is fully established that an intention to ..... question whether the respondent therein had indian domicile at the time of the commission of offence was also addressed by the apex court. persons domiciled in india at the time of coming into force of our constitution were given the status of citizens and the respondent therein would have come within the ambit of section 188 of criminal procedure code. the apex court in ..... for us to affirm the findings recorded by the family court. the family court was wrong in proceeding on the assumption that when the parties acquired citizenship in sweden they abandoned domicile of origin i.e. india and acquired domicile of sweden. even if that is taken as true and correct that would not help the respondent to contend that he acquired .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-2005
Reported in : AIR2005SC3172; 2005(5)ALD123(SC); 2005(5)ALLMR(SC)973; 2005(3)AWC2796(SC); 2005(6)BomCR769; [2005(4)JCR60(SC)]; JT2005(7)SC185; (2006)2MLJ186(SC); (2005)6SCC690; 2005(2)LC1
..... , should be elimination of majority and minority and so called forward and backward classes. constitution has accepted one common citizenship for every indian regardless of his religion, language, culture or faith. the only qualification for citizenship is a person's birth in india. we have to develop such enlightened citizenship where each citizen of whatever religion or language is more concerned about his duties and ..... jinnah and liaqat ali on the other. nehru and patel insisted that in the new constitution, there would be one united india belonging to people of various religious faiths and cultures with all having full freedom of their social, cultural, religious and other constitutional rights. they advocated one single citizenship to every indian regardless of his language or religion. the opposing group of muslim ..... responsibilities to protect rights of the other group than asserting his own rights. the constitutional goal is to develop citizenship in which everyone enjoys full fundamental freedoms of .....Tag this Judgment!
Court : Uttaranchal
Decided on : Oct-19-2005
Reported in : (2006)206CTR(Uttranchal)56; 285ITR74(Uttaranchal)
..... the high court under article 226 of the constitution of india without exhausting the alternate remedy. the order impugned in this petition is an order passed by the second respondent without power and jurisdiction ..... and therefore, the petitioner was entitled to approach this court under article 226 of the constitution of india for quashing the said order without exhausting any alternate remedy of filing appeal. hence, we reject the contention of learned counsel for the ..... order. the availability of an alternate remedy does not operate as a bar against the exercise of jurisdiction under article 226 of the constitution of india. moreover, if the impugned order is an order passed without power and jurisdiction, the aggrieved person is entitled to invoke the jurisdiction of ..... ble supreme court, the orders mentioned in section 21 of the general clauses act are not orders of the kind contemplated in section 5 of the citizenship act. in mukand iron and steel works limited v. v. g. deshpande reported in  69 fjr 280 ;  lab ic 1612 ..... rajasthan reported in air 1967 sc 107, a constitution bench of the hon'ble supreme court considered whether apart from the power under section 10(2) of the citizenship act, the collector having power to grant the registration certificate under the citizenship act, had the power to cancel it by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-12-2005
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... of two years. (see jt 2005 (3) sc 16557. to sum up our conclusions, the provisions of the illegal migrants (determination by tribunals) act, 1983 are ultra vires the constitution of india and are accordingly struck down. the illegal migrants (determination by tribunals) rules, 1984 are also ultra vires and are struck down. as a result, the tribunals and the appellate tribunals ..... filed by way of public interest litigation for declaring certain provisions of the illegal migrants (determination by tribunals) act, (act no. 39 of 1983) 1983 as ultra vires the constitution of india, null and void and consequent declaration that the foreigners act, 1946 and the rules made thereunder shall apply to the state of assam. the second prayer made is to declare ..... before the commencement of the citizenship (amendment) act, 1985;(d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in undivided india;(e) a person shall be deemed to have been detected to be a foreigner on the date on which a tribunal constituted under the foreigners (tribunals ..... from india before the commencement of the citizenship (amendment) act, 1985, under the foreigners act, 1946 (31 of 1946).(8) save as otherwise expressly provided in this section, the provisions of this section shall have effect not withstanding anything contained in any other law for the time being in force.'13. in this writ petition we are basically concerned with the constitutional validity .....Tag this Judgment!
Court : Chennai
Decided on : Aug-29-2005
Reported in : AIR2006Mad17; (2005)4MLJ310
..... assets, criminal charges if any etc. the entire judgment has been misinterpreted by the petitioner. the judgment while dealing with article 324 of the constitution of india, reaffirms the supremacy and superintendence of conduction of the elections by the election commission. the hon'ble supreme court went on to add that ..... where the provisions of the representation of people act are silent, the election commission in exercise of its powers under article 324 of the constitution of india, can give directions and the election commission was directed to insist upon the disclosure of assets by his spouse(s), the very object being ..... are important. if the contents of the information discloses any violation of any law, order or direction issued in exercise of powers under the constitution of india, it would clearly spell out that such persons are not eligible to stand in elections. it is not the case of the petitioner that ..... supreme court in the said judgment, is that the election commission should require in the exercise of its powers under article 324 of the constitution of india, each candidate to submit as a necessary part of his nomination papers, information on an affidavit in respect of items specified by the supreme ..... 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 acknowledgement of allegiance or adherence to a foreign state;(e) if he is .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-23-2005
..... only in civil actions of which the district courts have original jurisdiction. the original jurisdiction relevant here is diversity-of-citizenship jurisdiction, conferred by 1332. the character of that jurisdiction is the essential backdrop for comprehension of 1367. the constitution broadly provides for federal-court jurisdiction in controversies between citizens of different states. art. iii, 2, cl. 1 ..... may authorize federal courts to exercise diversity jurisdiction. see state farm fire & casualty co. v. tashire, 386 u. s. 523 , 530 531 (1967). further, the constitution includes no amount-in-controversy limitation on the exercise of federal jurisdiction. but from ..... than what the text provides. no sound canon of interpretation requires congress to speak with extraordinary clarity in order to modify the rules of federal jurisdiction within appropriate constitutional bounds. ordinary principles of statutory construction apply. in order to determine the scope of supplemental jurisdiction authorized by 1367, then, we must examine the statute s ..... . this court has read that provision to demand no more than minimal diversity, i.e. , so long as one party on the plaintiffs side and one party on the defendants side are of diverse citizenship, congress .....Tag this Judgment!
Court : Chennai
Decided on : Sep-12-2005
Reported in : 2005(5)CTC81; (2006)1MLJ134
..... 1994 is allowed and the tamil nadu amendment act 30 of 1994 to the hindu religious and charitable endowments act 1959 is declared as ultra vires the constitution;(ii) in w.p. no. 13046 of 1998 respondents-1 to 3 are directed to pass appropriate orders in the context of the right of ..... act. there can also be no dispute over the fact that a foreigner not being a citizen, was not entitled to any fundamental right guaranteed under the constitution other than articles 14 and 21, vide the following judgments relied on by the learned advocate general:(i) anwar v. state of jammu & kashmir : [ ..... was not within the competence of the state legislature to pass any act.8. reference was also made to articles 246 and 254 of the constitution in support of the same contention. the contention was that a non-citizen was also entitled to claim fundamental rights to seek enforcement of article 14 ..... over the same, this court need not go into all the said issues in view of the narrow scope of this writ petition, namely, the constitutional validity of amending act 30 of 1994 whereby, section 26 of the tamil nadu hindu religious and charitable endowments act was amended, barring non-citizens to ..... one could possibly visualise many such situations which would be totally opposed to the basic policy of the government of india towards the foreigners and their rights and that is why, the issue of citizenship and aliens and their rights are completely vested and covered under entry 17 in the union list.17. learned .....Tag this Judgment!