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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2010 Page 1 of about 26 results (0.032 seconds)

Aug 03 2010 (HC)

Karm Kumar Vs Union of India and ors.

Court : Delhi

Decided on : Aug-03-2010

..... of the commencement of the constitution, article 9 states that the deeming fiction of citizenship in articles 5 to 8 will not apply if a person has voluntarily acquired the ..... ). (emphasis supplied)54. the act and the policy refer to the notion of citizenship' and not nationality'. theoretically it may be possible to argue that nationality and citizenship are not necessarily one and the same thing. but where the requirement in terms of article 9 of the constitution of india read with section 7b of the act is to demonstrate that the person is ..... singh, the learned counsel appearing for union of india and mr. k. hari shankar, the learned counsel, appearing for the srfi. interpretation of the relevant provisions20. in order to appreciate the context in which the issue arises, it is necessary first to notice some of the relevant provisions of the constitution of india concerning citizenship. article 5 talks of the position at the time .....

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Mar 18 2010 (HC)

Sorab Singh Gill Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Mar-18-2010

Reported in : AIR2010P& H83

..... territory of india and-a) who was born in the territory of india; orb) either of whose parents was born in the territory of ..... time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this constitution, in the form and manner prescribed by the government of the dominion of india or the government of india.9. persons voluntarily acquiring citizenship of a foreign state not to be citizens.- no person shall be a citizen of ..... . sidhu based on article 9 of the constitution of india is concerned that relates to voluntary relinquishment by a citizen of india. this has to be understood in the context of articles 5, 6, 8 and 9 of the constitution of india which read as follow:5. citizenship at the commencement of the constitution: at the commencement of this constitution every person who has his domicile in the ..... he is not an indian citizen. at the out set, mr. sidhu also contended that it is not disputed that a nri can represent india. he based his pleas on an interpretation of article 9 of the constitution of india which reads as under:9. persons voluntarily acquiring citizenship of a foreign state not to be citizens.- no person shall be a citizen of .....

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Dec 22 2010 (HC)

Namgyal Dolkar Vs. Government of India, Ministry of External Affairs

Court : Delhi

Decided on : Dec-22-2010

..... (1978) sc 597. it is submitted that rejection of the petitioner's application for passport is in violation of her fundamental rights under articles 14, 19 and 21 of the constitution of india.11. thirdly, it is submitted that the petitioner has complied with all the necessary formalities under the pa; in particular, section 5 (1), (1a) and (1b) thereof. under section ..... declaring, in her application for such certificate, that she is a tibetan national, cannot in the circumstances constitute valid grounds to refuse her a passport.29. the policy decision of the mha not to grant indian citizenship by naturalisation under section 6(1) ca to tibetans who entered india after march 1959 is not relevant in the instant case. having been born in ..... years immediately before making an application for registration. it is also proposed to change the word women by persons in the latter category so that the eligibility of citizenship through marriage to citizens of india now admissible to women only is extended to men also. (iii) under the act, a person who is not a citizen of a commonwealth country referred to ..... . i am not saying that this is the end of the exercise. but the place to begin is to tighten up our citizenships laws, and tell the world that india will grant citizenship only under very strict conditions; our laws are being made more stringent. this is all that the bill does.21. thereafter, the minster proceeded to explain that the amendment was .....

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Jul 22 2010 (HC)

Ramesh Chennamaneni Vs. Aadi Sreenivas and ors

Court : Andhra Pradesh

Decided on : Jul-22-2010

..... 5 of rp act and article 173 read with article 191(1)(d) of the constitution of india. the allegation of making false statements and suppressing the facts amounting to fraud in connection with acquisition of certificate of registration under the citizenship act, 1955 from the government of india by the 1st respondent, is not covered by any corrupt practices under section 123 or ..... eligible to make an application. as this court is seized of the matter, the government of india was unable to proceed further and sought for leave of the court to constitute a committee of inquiry under sub- sections (4) and (5) of section 10 of the citizenship act, 1955 and to submit the report of the committee of inquiry to the court before ..... received from the intelligence bureau concerning the contemplated action under sections 10(2)(a) and 17 of the citizenship act, 1955, for which a reply was submitted by the 1st respondent. the government of india in its counter statement sought for the leave of the court to constitute a committee of inquiry under sub-sections (4) and (5) of section 10 of the ..... citizenship act, 1955 before passing appropriate orders on merits in accordance with law on the issue of legality and validity .....

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Feb 22 2010 (HC)

Mini Vs. Jwala Sajikumar

Court : Kerala

Decided on : Feb-22-2010

Reported in : 2010(1)KLT1000

..... filed for a declaration that he is a member of a community which come under the scheduled tribes. adverting to the declaration of the president of india under articles 341 and 342 of the constitution, with respect to the lists of the scheduled castes and scheduled tribes in a state, it was held by the apex court that such notification is ..... or admission or at any stage thereafter (section 7), constitution of scrutiny committee for verification of the community certificates (section 8), and enquiry by the expert agency (section 9) to examine and give a final conclusive opinion over the ..... over the question presented has to be adverted to. the scheme of the k (sc & st) ricc act provide for issue of certificate by the competent authority (section 5), constitution of screening committee for verification of community certificate (section 6), further verification by the competent authority or the head of the educational institution at the time of initial appointment, selection ..... not entertainable nor can be adjudicated upon in the petition, by the apex court, since the central government alone has exclusive jurisdiction under the citizenship act, 1955 to decide questions regarding loss of indian citizenship and acquisition of citizenship of a foreign country. so far as the k (sc & st) ricc act is concerned, it regulates the issue of the community .....

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Jun 28 2010 (FN)

Mcdonald Vs. Chicago

Court : US Supreme Court

Decided on : Jun-28-2010

..... from the political branches in the years leading to the fourteenth amendment s adoption demonstrates broad public understanding that the privileges and immunities of united states citizenship included rights set forth in the constitution, just as webster and his allies had argued. in 1868, president andrew johnson issued a proclamation granting amnesty to former confederates, guaranteeing to all ..... that the category here in question throws the shield of its protection. 16 wall., at 126 (emphasis added). because the privileges and immunities of american citizenship include rights enumerated in the constitution, they overlap to at least some extent with the privileges and immunities traditionally recognized in citizens in the several states. a separate question is whether the ..... latter was informed by its understanding of the former. article iv, 2 was derived from a similar clause in the articles of confederation, and reflects the dual citizenship the constitution provided to all americans after replacing that league of separate sovereign states. gibbons v. ogden , 9 wheat. 1, 187 (1824); see 3 j. story, commentaries on ..... mich. j. l. ref. 437, 534 542 (1989) (comparing the system envisioned by miranda v. arizona , 384 u. s. 436 (1966), with rights afforded by england, scotland, canada, india, france, and germany). and the court-pronounced exclusionary rule is distinctively american. roper , supra , at 624 (scalia, j., dissenting) (citing bivens v. six unknown fed. narcotics agents , 403 u. .....

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Feb 23 2010 (FN)

Hertz Corp. Vs. Friend

Court : US Supreme Court

Decided on : Feb-23-2010

..... not automatically confer diversity jurisdiction upon the federal courts. rather, it authorizes congress to do so and, in doing so, to determine the scope of the federal courts jurisdiction within constitutional limits. kline v. burke constr. co. , 260 u. s. 226 , 233 234 (1922); mayor v. cooper , 6 wall. 247, 252 (1868). congress first authorized federal courts to ..... circuit conferences at which federal judges discussed the report s recommendations. reflecting those criticisms, the committee filed a new report in september, in which it revised its corporate citizenship recommendation. it now proposed that a corporation shall be deemed a citizen of the state of its original creation [and] shall also be deemed a citizen of a ..... (d)(2), 1441(a). hertz claimed that the plaintiffs and the defendant were citizens of different states. 1332(a)(1), (c)(1). hence, the federal court possessed diversity-of-citizenship jurisdiction. friend and nhieu, however, claimed that the hertz corporation was a california citizen, like themselves, and that, hence, diversity jurisdiction was lacking. to support its position, hertz ..... . c. 1332(d)(2), 1441(a), claiming that because it and respondents were citizens of different states, 1332(a)(1), (c)(1), the federal court possessed diversity-of-citizenship jurisdiction. respondents, however, claimed that hertz was a california citizen, like themselves, and that, hence, diversity jurisdiction was lacking under 1332(c)(1), which provides that a corporation shall .....

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Jun 30 2010 (FN)

R (on the Application of Smith) (Fc) (Respondent) Vs. Secretary of Sta ...

Court : UK Supreme Court

Decided on : Jun-30-2010

..... right of american citizens to be free from torture is a well-established part of our constitutional fabric.") but as the court said in the latter case, the "cases establish the importance of citizenship in circumstances in which federal agents outside the united states carry out constitutional violations" (at 13). the position is different where non-citizens are involved. in united ..... keeping with the essentially territorial notion of jurisdiction, the court has accepted only in exceptional cases that acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of article 1 of the convention." third, it emphasised (at [71]): "in sum, the case law of the court ..... ); arar v ashcroft, 585 f 3d 559 (2d cir 2009) (no action against government officials allegedly responsible for alien's extraordinary rendition to syria). but the application of constitutional protection to activities abroad does not mean that the conduct of military operations is justiciable. in the united states the conduct of military operations is "so exclusively entrusted to the ..... foreign state to claim, directly or indirectly, its taxes in england is sometimes put on the basis that it is an illegitimate extension of its territorial jurisdiction: see government of india v taylor [1955] ac 491. the issue on this part of the appeal on this part of the appeal the issue is whether the undoubted "jurisdiction" which states has .....

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Jan 29 2010 (HC)

Sarwan Dass Bange Vs. Ram Prakash

Court : Delhi

Decided on : Jan-29-2010

Reported in : 167(2010)DLT80

..... last 40 years is highly unlikely to shift to delhi. however, in view of the observations in baldev singh bajwa (supra), the same do not constitute a ground for granting leave to contest to the respondent/tenant. the supreme court has held that if the landlord does not occupy the premises, the ..... 1992) dlt 208 it was held that there is no provision of law whereby an indian who had acquired foreign citizenship is disentitled to enjoy residence in his own property in india when he chooses to return to india. aslo, in s.p. kapoor v. kamal mahavir prasad murarka : 97 (2002) dlt 997 this court ..... / or that his requirement is bona fide and besides the same has merely stated that the petitioner has been living abroad, has never lived in india and has no intention to live in delhi. however, the respondent/tenant has not controverted the averments in the petition for eviction of the petitioner/landlord ..... court. from the said documents, there is no manner of doubt that not only a perpetual deed of lease was executed by the president of india with respect to land underneath the house in favour of the petitioner but a conveyance deed of the superstructure was also executed and registered in ..... ; that the requirement of the petitioner/landlord is not bona fide - neither the petitioner nor any of his dependents have any intention to reside in india.5. the additional rent controller has in the order impugned in this petition dealt with the matter in a very cursory manner. after reproducing the pleadings .....

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Aug 25 2010 (HC)

Mrs. Jaya Bhandari and ors. Vs M/S Malhan Builders and ors.

Court : Delhi

Decided on : Aug-25-2010

..... the said provisions do not bar grant of relief of specific performance to the plaintiff and the question of permission of the reserve bank of india will arise, if at all at the stage of execution of the sale deed. consequently, issue no. 5a is also answered against the ..... relevant facts are stated. the general policy of the government is, if the non- residents are allowed to buy and purchase the property in india there will be free flow of business and other activities. therefore, the defense that the first defendant did not obtain permission from the reserve ..... german democratic republic, reliance is placed on citizenship certificate dated 17.7.1970 (ex. ..... d6/1). it does appear from the said certificate that defendant no. 2 had acquired citizenship ..... of india and as such he could not transfer or dispose of by sale settlement or otherwise any immovable property situate in india without prior permission of the reserve bank of india and as such the agreement to sell is void. in support of the contention that defendant 2 has acquired .citizenship of .....

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