Court : Kolkata
Decided on : Sep-09-2009
..... 12 scc 481 it has been held that the jurisdiction of the supreme court under article 32 and of the high court under article 226 of the constitution is extraordinary, equitable and discretionary. prerogative writs are issued for doing substantial justice. it is, therefore, of utmost necessity that the petitioner approaching the writ ..... his death of birth as on 26.10.43 annexing therein matriculation certificate dated 76.59 recording his death of birth as on 26.10.43, citizenship certificate, intermediate examination certificate, b.sc certificate and m.sc. certificate. he verified the statements to be correct complete and to the best of his ..... scc at page 786 it has been held that the writ petition raised highly disputed questions of fact which could be proved by leading evidence in a properly constituted suit and was not a matter to be investigated in a writ petition. in the ruling reported in : (2005) 6 scc at page 49 relating ..... page 361 it has been held that the right to reputation is a facet of the right to life of a citizen under article 21 of the constitution. in case any authority, in discharge of its duties fastened upon it under the law, traverses into the realm of personal reputation adversely affecting him ..... around the documents relied upon by the appellant in support of his date of birth. so, in view of the decision in the case of coal india limited and anr. v. ardhendu bikas bhattacharjee and ors. reported in (2005) 12 scc 201 where it has been held that high court ought not .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-17-2009
..... is not possible to pierce the veil of incorporation in india to determine the citizenship of the members and then to give the corporation the benefit of article 19. the corporation cannot claim to enforce fundamental rights under part iii of the constitution against the state as defined in constitution against the state as defined in article 12.15. ..... ' in part iii of the constitution. part iii, which proclaims fundamental rights, was very accurately drafted, delimiting ..... they enacted part ii of the constitution relating to 'citizenship', and made a clear distinction between 'persons' and 'citizens ..... page 1812 which reads as follows:the rights of citizenship envisaged in article 19 are not wholly appropriate to a corporate body. in other words, therights of citizenship and the rights flowing from the nationality or domicile of a corporation are not conterminous. the makers of the constitution had altogether left out of consideration juristic persons when .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-16-2009
Reported in : 2009(3)BomCR719; 2009(4)BomLR1451; 2009(2)MhLj925; 2009(3)AllMR40
..... in the petition the petitioner had alleged that the order of the tribunal was arbitrary, unreasonable, unjust and perverse, the writ petition was maintainable under article 226 of the constitution of india and consequently the letters patent appeal was maintainable. considering the facts in shahu shikshan prasarak mandal's case, the apex court held that since not only the petition was filed ..... under articles 226 and 227 of the constitution of india but it was also averred that the order passed by the tribunal was arbitrary, unreasonable, unjust and perverse, the petition filed under article 226 was maintainable. in writ ..... for respondent no. 3 at the outset submitted that the letters patent appeal is not maintainable since the petition filed by the appellant was maintainable under article 227 of the constitution of india in exercise of supervisory jurisdiction since the petition was not filed for enforcement of any fundamental right. in support of this submission, the learned counsel relied upon the judgment ..... under section 55b has lapsed..)(c) is an undischarged insolvent; or(d) is of unsound mind and stands so declared by a competent court; or(e) has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance or adherence to a foreign state; or(f) is a judge; or(g) is a subordinate officer or servant .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-12-2009
Reported in : AIR2010Gau37
..... section 15 is challenged not only arbitrary and violative of article 14 but also inconsistent with the scheme of part ix of the constitution of india.4. part ix of the constitution, as it exists today, was inserted by the constitution seventy third amendment act, 1992 w. e. f. 24-4-1993. under article 243b it is mandated that the panchayats at the village ..... the constitution such as the representation of the people act, provide for vacation of the office of an elected representative either to the parliament or a legislative assembly in various contingencies such as holding an office of profit either under the govt. of india or the state govt., as the case may be or on becoming an undischarged insolvent or acquiring citizenship of ..... a foreign state etc. such prescriptions, in our view, are the 'practical adaptation to the attainment of a just result' - a politically just result. the vacation of the membership of the parliament or the legislature of the state, as the case may be, in such contingencies, as indicated above, is perceived by the constitution makers to be ..... , intermediate and district levels, are required to be constituted in every state in accordance with the provisions of this part. the expression 'panchayat' itself is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-03-2009
Reported in : 2010(1)ALT5
..... to send them back to the usa merely on the ground that they are the citizens of the usa.16. in other words, as between the citizenship of the children and their welfare, it is only the welfare that should be given primacy, in matters like the present one. hence, the learned ..... father of the minor children, being the natural guardian, has got parental rights and that he is entitled to exercise such rights during the summer vacation in india. but, however, before passing any orders, we deem it necessary to examine the first petitioner, first respondent and their minor children on 29-3-2009 ..... itself, who have all rights without any obligations. the obligations are on the parents.36. in the instant case, the children who have been moved to india when they were months' old or a year old, cannot, in fact, shall not be the subject matter of any controversy between the parents. but, ..... the conditions and the circumstances that the children are presently placed in, it is imperative for the children to stay with the mother only back in india.17. insofar as the first contention that was pointed out by the learned counsel for the petitioners as regards the maintainability of a writ of habeas ..... - father raised primarily two questions-firstly, whether a writ of habeas corpus is maintainable when the custody of a foreign citizen is with the parent in india?secondly, what should follow when the parent abducts a child contrary to the orders of a foreign court?12. at this juncture, it is relevant to .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-01-2009
..... responsibility for the good government of the islands. the secretary of state for justice and lord chancellor ("the secretary of state"), the first respondent, has departmental responsibility for the constitutional relationship between the crown and the channel islands. the second respondent, the committee for the affairs of jersey and guernsey, is a committee of the third respondent, the ..... europe, it is citizens, and not non-resident aliens, who have the right to vote and stand for election. there may be some exceptional cases, for example where citizenship is withheld on, for example, linguistic grounds from communities who have been settled on the territory of a state for several generations: see venice commission explanatory report, para 1 ..... requirements. in view of new caledonia's transitional status the right to vote was given to the "population" defined by reference to 10 years' residence, which was identical to the citizenship requirement. the court specifically referred (at ) to the need to ensure "citizen participation and knowledge" in framing rules on voting eligibility. 93. consequently both in international law ..... recalls that this provision guarantees individual rights, including the right to vote and to stand for election. however, these rights are not absolute but rather subject to limitations, such as citizenship " citing hirst v united kingdom (no 2) (2006) 42 ehrr 41. 88. the guidelines on elections of the venice commission (referred to above, para 68) said, .....Tag this Judgment!
Court : House of Lords
Decided on : Feb-18-2009
..... understand the all-important difference between control orders such as were in issue there and deportation orders with which your lordships are here concerned. the former, although falling short of constituting article 5 detention, in almost every other respect are highly restrictive of the controlees ordinary rights and freedoms. moreover such orders are made domestically and can be (and are) made ..... . this procedure, sketched in paragraph 144 of the judgment in chahal, is more fully described in paragraphs 71-74 of the judgment of mclachlin cj in charkaoui v minister of citizenship and immigration  scc 9. 162. the canadian procedure is clearly recognisable as a prototype of the procedure created by the 1997 act and the special immigration appeals commission ( ..... a question of fact reviewable on the standard of patent unreasonableness. he referred to the following passage in the judgment of the supreme court in suresh v canada (minister of citizenship and immigration)  1 scr 3 at paragraph 39: as mentioned earlier, whether there is a substantial risk of torture if suresh is deported is a threshold question. the ..... of the material to which i have referred is summarised in the decision of de montigny j, sitting in the federal court of canada, in sing v canada (minister of citizenship and immigration) 2007 fc 361. he referred to the joint report of amnesty international, human rights watch and the international commission of jurists of december 2 2005; tribunal record, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-09-2009
..... federal deposit insurance act (fdia), 12 u. s. c. 1831d(a). section 27(a) prescribes the interest rates state-chartered, federally insured banks like discover can charge, notwithstanding any state constitution or statute which is hereby preempted. this provision, discover maintained, was completely preemptive, i.e. , it superseded otherwise applicable maryland law, and placed vaden s counterclaims under the exclusive governance ..... consistent with this opinion. it is so ordered. footnote 1 discover apparently had no access to a federal forum for its suit against vaden on the basis of diversity-of-citizenship jurisdiction. under that head of federal-court jurisdiction, the amount in controversy must excee[d] $75,000. 28 u. s. c. 1332(a). footnote 2 vaden s preference for ..... would permit a federal court to entertain a 4 petition only when a federal-question suit is already before the court, when the parties satisfy the requirements for diversity-of-citizenship jurisdiction, or when the dispute over arbitrability involves a maritime contract. see, e.g. , westmoreland , 100 f. 3d, at 268 269; 1 macneil 126.96.36.199, pp. 9: ..... would permit a federal court to entertain a 4 petition only when a federal-question suit is already before the court, when the parties satisfy the requirements for diversity-of-citizenship jurisdiction, or when the dispute over arbitrability involves a maritime contract, yet would not accommodate a 4 petitioner who could file a federal-question suit in, or remove such a .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-2009
..... preferential treatment, when the clause only protects vessels from discrimination. ante , at 6. but the clause says nothing about discrimination, and it should hardly come as a surprise that a constitutional ban on tonnage duties would give preferential treatment to vessels. such protection reflects the high value the framers placed on the free flow of maritime commerce. see state tonnage tax ..... plurality assumes. whether the oil-production tax and the challenged tax are levied by the same unit of government has no relevance to the question whether the latter violates the constitution. the restriction imposed by the tonnage clause is a command to the states limiting their inherent taxing authority as sovereigns. the states political subdivisions have no such inherent power and ..... must show that the ship has sufficient contacts with the jurisdiction to establish a tax situs there. in our earlier cases, the existence of the situs was determined by the citizenship of the ship s owner, see wheeling , 99 u. s., at 279; state tonnage tax cases , 12 wall., at 213, but a tax situs can also be created by a ..... challenging the tax as unconstitutional. polar tankers argued that the tax effectively imposed a fee on certain vessels for the privilege of entering the port; hence it amounted to a constitutionally forbidden duty of tonnage. it also argued that the tax calculation method (as applied to vessels with a tax situs elsewhere) violated the commerce and due process clauses by failing .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-03-2009
..... the nature of the question at issue ). footnote 3 the administrative procedure act draws a similar distinction in providing that courts shall decide all relevant questions of law [and] interpret constitutional and statutory provisions but shall review agency action, findings, and conclusions under the arbitrary and capricious/abuse of discretion standard. 5 u. s. c. 706. footnote 4 justice ..... assist the nazis in the persecution of other prisoners. in my view, this construction was insupportable the dpa s exclusion of persons who assisted the enemy in persecuting civil populations, constitution of the international refugee organization, annex i, part ii, 2 (a) , 62 stat. 3051, did not extend to concentration camp prisoners who did so involuntarily. these prisoners ..... . . . is not a relevant factor. ibid . the second decision, matter of fedorenko , also dealt with 1182(a)(3)(e)(i), and it involved the same alien whose citizenship was revoked by this court s fedorenko decision. this time the agency sought to deport him. fedorenko responded by requesting suspension of deportation. he argued that, unlike the dpa s ..... was an aggressive person who mistreated the prisoners, . . . the very fact that he helped [the government] in the prison compound where he had reason to know that they were persecuted constitutes assisting in the persecution of others and bars [petitioner] from obtaining asylum or withholding of removal. app. to pet. for cert. 16a 17a (citing, inter alia , fedorenko , supra .....Tag this Judgment!