Court : Mumbai
Decided on : Jun-21-2007
Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247
..... the petitioner is a foreigner governed by the foreigners act, 1946; and grant of oci registration does not amount to granting indian citizenship. in terms of article 9 of the constitution of india and section 9 of the citizenship act, once an indian citizen acquires the citizenship of any foreign state, he ceases to be an indian citizen and the action of the government of ..... upon the provisions of rule 25-e of the citizenship rules, 1956 and sections 7a and 7d of the citizenship act.9. the learned additional solicitor general, with great emphasis, raised a preliminary issue that the petitioner, being a foreigner, was not entitled to claim any relief under article 226 of the constitution of india, as a foreigner is not entitled to claim ..... india to grant and/or terminate the registration of an overseas citizen who is a foreigner is unfettered, absolute and taken in exercise ..... any fundamental rights or guarantees enshrined in the constitution, except the protection contained in .....Tag this Judgment!
Court : Delhi
Decided on : Jul-09-2007
Reported in : 146(2008)DLT455
..... provisions of constitution part ii nor of the citizenship act confer the right of citizenship on recognized citizens, any person other than a natural person; that they ..... the parameters of the trai act. learned senior counsel for the petitioners had drawn our attention to entry 31 of list i of the 7th schedule of the constitution of india which mentions - 'posts and telegraph : telephones, wireless, broadcasting and other forms of communications'. evidently, far from being a strangebed-fellow, broadcasting falls in the ..... to 'all citizens'. article 19 inter alias guarantees citizens of india (a) the freedom of speech and expression and (g) the right to carry on any occupation, trade or business. their lordships thereafter observed that the provisions of the constitution of india in part ii relating to 'citizenship' are clearly inapplicable to juristic persons; and that neither the ..... do not contemplate a corporation as a citizen. their lordships poignantly opined that part-iii of the constitution .....Tag this Judgment!
Court : Chennai
Decided on : Mar-07-2007
Reported in : AIR2007Mad187; (2007)2MLJ831
..... another country, but the only authority to so decide is the government of india acting as a quasi judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) of the citizenship act and para 3 of the citizenship rules are intra vires the constitution and valid law.(iv) the proposition that as soon as it is alleged ..... delhi, claiming that both his daughters were entitled to be declared as citizens of india by virtue of article 5 of the constitution and section 4(1) of the citizenship act, 1955. in addition to this claim of indian citizenship, he further stated that they were citizens of britain by virtue of their birth in england and of finland by virtue of their mother ..... application before the competent authority, namely., the ministry of home affairs of the government of india, which alone has the power to consider and adjudicate upon the issue relating to citizenship and the appellant cannot seek any relief from this court under article 226 of the constitution and no writ of mandamus could be issued even without an application being made to the ..... iii and therefore the acquisition of the passport as conclusive proof of the loss of citizenship would not arise....21. in a recent decision in dipali katia chadha v. union of india : (1996)7scc432 , in a writ petition filed before the supreme court under article 32 of the constitution, the father of two petitioners had written a letter to the secretary, ministry of .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-12-2007
Reported in : ILR2007KAR5233; 2007(4)KCCRSN314.
..... teachers working in several educational institutions. secondly, by non-publication in official gazette, the names of the list of prescribed educational institutions as provided under article 171 of the constitution of india and section 27 of the act of 1950.21. in support of the first ground, the petitioner has set out the particulars in paragraphs 10 to 12. area ding ..... of votes of the teachers working in several educational institutions and by non-publication in official gazette the list of prescribed educational institutions as provided under article 171 of constitution of india and section 27 of the rp act the election has been materially affected and therefore they have sought declaration that the election of the respondent from karnataka south teachers ..... candidate is not a citizen of india and hence not qualified, or is disqualified for being a candidate in the election can be raised in an election petition before the high court in spite of the returned candidate holding a certificate of citizenship by registration under section 5(1)(c) of the citizenship act. aplea as to constitutional validity of any law can, in ..... appropriate cases, as dealt with hereinabove, also be raised and heard in an election petition where it is necessary to decide the election dispute. if a person is alleged to be not a citizen of india, and, therefore, suffering from absence of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-06-2007
Reported in : 2007AIRSCW7761; AIR2008SC655; 2008(1)ALT17(SC); 2008(1)AWC139(SC); 147(2008)DLT24(SC); (2008)1MLJ1062(SC); (2008)2SCC390; 2008(4)KCCRSN269
..... be an officer of government or of a local authority. therefore, their services can be requisitioned under clause (6) of article 324 of the constitution of india as also section 159 of the 1951 act. the election commission or the regional commissioner, as the case may be, is also entitled to request ..... denied the opportunity of an education.24. the provisions of the 1950 and 1951 acts although were enacted in terms of article 324 of the constitution of india, the same must be given restricted meaning. holding of an election is no doubt of paramount importance. but for the said purpose the ..... direction and control of elections is to be vested in the election commission, if request in this regard is made. article 327 of the constitution of india empowers the parliaments to make laws with respect to all matters relating to, or in connection with, elections to either house of the parliament or ..... thereto are not permitted to do so. (iv) in terms of the provisions of clauses (1) and (6) of article 324 of the constitution of india, it is mandated that whenever the election commission asks for deployment of staff for the purpose of conducting elections, it is obligatory on the part ..... governments.... it is required in the performance of our most basic responsibility, even services 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 to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-18-2007
..... sanctions; and adds the overt-act requirement, 1531(b)(1), thereby making the distinction the nebraska statute failed to draw (but the nebraska attorney general advanced). finally, the canon of constitutional avoidance, see, e.g., edward j. debartolo corp. v. florida gulf coast building & constr. trades council , 485 u. s. 568 , 575, extinguishes any lingering doubt. interpreting the ..... 533, 542, n. 12 (1996) (state may not rely on overbroad generalizations about the talents, capacities, or preferences of women; [s]uch judgments have impeded women s progress toward full citizenship stature throughout our nation s history ); califano v. goldfarb , 430 u. s. 199 , 207 (1977) (gender-based social security classification rejected because it rested on archaic and overbroad ..... procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman s autonomy to determine her life s course, and thus to enjoy equal citizenship stature. see, e.g. , siegel, reasoning from the body: a historical perspective on abortion regulation and questions of equal protection, 44 stan. l. rev. 261 (1992); law, ..... supra , at 977 (kennedy, j., dissenting). stenberg need not be interpreted to have revived it. we read that decision instead to stand for the uncontroversial proposition that the canon of constitutional avoidance does not apply if a statute is not genuinely susceptible to two constructions. almendarez-torres v. united states , 523 u. s. 224 , 238 (1998); see also clark .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-19-2007
..... this conclusion has been ignored by the dcf&s; without any cogent reasons. learned counsel submits that the decision is, therefore, clearly arbitrary and violates article 14 of the constitution of india.15. on the other hand, mr. behani, learned counsel appearing for the respondent no. 8, submitted that both the appeals are not maintainable. the procedure prescribed under the ..... got only to see whether the appointment had contravened any statutory or binding rule or ordinance. the high court should show due regard to the opinion expressed by the experts constituting the selection committee and its recommendation on which the chancellor has acted. see also the decisions in j.p. kulshreshtha v. chancellor, allahabad university, rajbhavan and dalpat ..... selection committees and to scrutinize the relative merits of the candidates. whether a candidate is fit for a particular post or not has to be decided by the duly constituted selection committee which has the expertise on the subject. the court has no such expertise. the decision of the selection committee can be interfered with only on limited grounds ..... in the advertisement with regard to financial capacity of a candidate. the requirements in response to which the applicant applied were as follows:be it mentioned here that proof of citizenship, resident of locality, ownership of suitable godown for storage of food grains, and necessary financial solvency must be submitted.14. according to the learned senior advocate, the suitability .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-28-2007
..... these plans over time, the difficulty of the endeavor, and the good faith of the districts suffices to demonstrate that these stark and controlling racial classifications are constitutional. the constitution and our precedents require more. in keeping with his view that strict scrutiny should not apply, justice breyer repeatedly urges deference to local school boards on these issues ..... . s., at 472, n. 15 . in addition, the court stated that [a]ttending an ethnically diverse school, id. , at 473, could help prepare minority children for citizenship in our pluralistic society, hopefully teaching members of the racial majority to live in harmony and mutual respect with children of minority heritage. ibid. (internal quotation marks and citation omitted ..... americans of all races that is necessary to make a land of three hundred million people one nation. post , at 39 40. these generic lessons in socialization and good citizenship are too sweeping to qualify as compelling interests. grutter , 539 u. s., at 348 (scalia, j., concurring in part and dissenting in part). and they are not ..... in judgment) ( [a] governmental agency s interest in remedying societal discrimination, that is, discrimination not traceable to its own actions, cannot be deemed sufficiently compelling to pass constitutional muster ). the principle that racial balancing is not permitted is one of substance, not semantics. racial balancing is not transformed from patently unconstitutional to a compelling state interest simply .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-16-2007
Reported in : JT2007(7)SC258; 2007(7)SCALE252; (2007)5SCC533
..... by the appellant on 10.6.2006. a writ petition was filed (w.p. 1262/06) with prayers for (a) grant of indian citizenship by naturalization; (b) not to interfere with the appellant's right of residence in india; (c) not to deport the appellant without following the orders of this court.5. by letter dated 29.8.2006, the under secretary ..... reason has been indicated in the communication dated 29.8.2006 as to what was the basis for holding that citizenship was not to be granted to him in public interest. detailed counter-affidavits have been filed by the union of india and the state of maharashtra.7. however, there is no need to refer to them in detail.8. learned additional ..... ) of the foreign exchange regulation act, 1973 (for short 'fera') for acquisition of shares in business in india. he also entered into catering contract at a railway station in maharashtra. on 15.7.2003 the appellant applied for citizenship under section 6 of the citizenship act, 1955 (for short 'act'). initially the state government wrote a letter to the central government regarding grant ..... of citizenship by naturalization under section 6(1) of the act. a letter was also written by the under secretary, government of india, stipulating certain conditions for accepting the prayer of the appellant. thereafter, the appellant got in touch with the consulate general of iran .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-25-2007
..... respondents.12. mr. sheikh, learned counsel for the petitioners primarily argued on lack of opportunity provided to the petitioners to produce the relevant documents in respect of their citizenship of india. on the other hand, the learned counsel for the respondents submitted that the concurrent findings of fact arrived at by the tribunal cannot be lightly interfered with and that ..... the impugned judgments and orders and the deportation order passed by the superintendent of police, barpeta.36. the petitioners could not produce any valid documents to prove their citizenship of india either before the authority who verified the matter or before the tribunal. now coming to the writ court with the aforesaid revelations they have tried to develop their ..... case.25. the enquiry officer in his statement stated that during the enquiry conducted by him the petitioner could not produce any documentary evidence in support of her citizenship of india. contrary to the fact that she was duly served with the notice from the trial court on four different occasions and the admission thereof in the writ petition, ..... all measures for protection of the state of assam from such external aggression and internal disturbance as enjoined in article 355 of the constitution. having regard to this constitutional mandate, the question arises whether the union of india has taken any measures for that purpose.45. as mentioned earlier the influx of bangladeshi nationals who have illegally migrated into assam pose .....Tag this Judgment!