Court : Kerala
Decided on : Aug-05-2011
..... the respondents including the additional respondent, on the other hand, contended that the qualification for appointment as advocate general are contained only in article 217(2) of the constitution, which is citizenship in india and ten years of practice as an advocate of the high court, which, admittedly the third respondent has. so much so, according to them, the writ petition is ..... the third respondent was appointed as an additional judge of this court on 11.4.1996. however, in exercise of the powers conferred under article 222 of the constitution of india, the president of india transferred the third respondent as an additional judge of the gujarat high court and directed him to assume charge in that high court on or before 22.7 ..... practice in a high court. however, the contention of the respondents that the qualifications required for appointment as advocate general are only those contained in article 217(1) of the constitution is not correct because the said provision prescribes only the minimum qualification for appointment. article 217(1) says that a person to be appointed as advocate general has to be ..... to which he was transferred and consequently ceased to be judge, the contention of the respondents is that third respondent has the qualifications prescribed under article 217(2) of the constitution for being appointment of advocate general, as well. the decisions cited by both sides include the recent decision of the apex court in state of uttaranchal v. balwant singh chaufal .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-14-2011
..... and "certificate of naturalization" is the first step to get citizenship. article 11 of the constitution of india has empowered the parliament to form rules for grant of the citizenship. by virtue of article 11, the indian parliament has passed the citizenship act, 1955 which provides the acquisition of citizenship after the commencement of the constitution by way of birth or descent or registration or naturalization or ..... of..................i vouch for the correctness of the statement made by..............................in his application for indian citizenship. signature................................... name ........................................ full postal address...................... ........................................... oath of allegiance i, ...................................................do solemnly affirm and swear in the name of god that i will bear true faith and allegiance to the constitution of india as by law established and that i will faithfully observe the laws of ..... india and fulfill my duties as a citizen of india. signature........................... affirmed/sworn and subscribed this.........day of.............20............before me. *signature.......................... *designation....................... *signature and designation of the officer authorized under rule 38 of the citizenship rules, 2009, before whom the .....Tag this Judgment!
Court : Uttaranchal
Decided on : Nov-15-2011
..... the certificate in question is not domicile certificate, but is permanent residence certificate, imposition of 15 years condition is totally unreasonable. it was stated that constitution of india provides a requirement of 5 years for grant of citizenship of the country and, therefore, it is not acceptable that the state authority should impose a condition of 15 years of prior stay in the ..... residing in the state of uttarakhand for a period of 5 years prior to applying for a residence / domicile certificate. 12. while sub-article (2) of article 15 of the constitution of india prohibits discrimination on the ground of, amongst others, place of birth, sub-article (2) of article 16 prohibits discrimination, amongst others, on the ground of place of birth as ..... required period of residence, however, was not indicated in the said judgment. 13. the judgment, under appeal, is of the view that, since residence of 5 years in india entitles grant of citizenship, there is no just reason why the state should impose residence requirement of 15 years. as aforesaid, respondent no. 1 failed to establish his residence in the state of ..... judgment of the honble supreme court rendered in the case of dr. pradeep jain and others vs. union of india and others, reported in (1984) 3 s.c.c. 654. in that case, the question was, whether, consistently with the constitutional values, admissions to a medical college or any other institution of higher learning situate in a state can be confined .....Tag this Judgment!
Court : Delhi
Decided on : Mar-15-2011
..... in the certificate is demonstrably erroneous.30. again the population certificate appears to be of doubtful authenticity and riddled with errors. it can hardly constitute the basis for a complaint against respondent no. 3 as regards his indian citizenship. the report of the dc is categorical that the population certificate is "fictitious and cannot be relied upon." it holds that "it is ..... of ash bahadur rai, resident of mechi zone, ilam district, budhabare village panchayat ward no. 5, by descent as per the constitution of nepal and clause 3 of nepal citizenship act, 2020 b.s. (1963 a.d.)."26. the nepali citizenship act is of the nepali year 2020 bs which corresponds to 1963 ad. it appears that the nepali calendar is approximately 57 ..... is at present the chief minister of sikkim.2. although a further prayer is for a declaration that respondent no. 3 "has ceased to be a citizen of india and disqualified to hold any constitutional post", ms. pinky anand, learned senior counsel appearing for the petitioner, at the outset stated that the petitioner does not press that prayer. he confines his prayer ..... authorities." quoting section 9 of the citizenship act, 1955 (ca'), the petitioner asked that respondent no. 3 be held disqualified from holding the post of the member of the legislative assembly of sikkim and chief minister of the state of sikkim. the petitioner also sought a direction under article 191 (1) (d) of the constitution of india to respondent no. 3 to relinquish .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-25-2011
..... .(ii) international covenant on economic, social, cultural rights 1966 (icescr) article 23 (2).(iii) international covenant on civil and political rights article 23(2).(e) article 33 of the constitution of india confers power on the parliament by law to restrict fundamental rights of members of the armed forces. restrictions imposed by section 21 of the army act, 1950 and rules 19 ..... 2008 to april 2009 petitioner no.2 also worked in mumbai from september to november 2008 and on 11 september 2008 petitioner no.2 became an overseas citizen of india under the citizenship act, 1955.it was during her stay in pune in march 2009 that petitioner no.2 met petitioner no.1 and thereafter they got engaged in december 2009 after ..... mutual friend."the above statutory complaint was given by petitioner no.1 against respondent no.2 not being granted permission to marry petitioner no.2 an overseas citizen of india and holding citizenship of usa.4. in view of army regulations, petitioner no.1 is required to obtain prior permission of the higher authorities to marry petitioner no.2, who is a ..... application for permission to marry a foreign national with an undertaking from the foreign national (prospective spouse) to the effect that she will renounce her original nationality and accept indian citizenship and in the event of failure and/or refusal by the spouse after marriage to change her nationality as per such undertaking, the case shall be processed with a view .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-2011
..... certificate and the letter from the embassy of afghanistan are highly suspect as aforesaid. mere production thereof would not entitle the petitioner to again seek an opportunity to establish his citizenship of india. this court would not allow its process to be abused. the contention of the petitioner that since the genuineness of the birth certificate is not disputed, till the registrar ..... . it appears that the plea that the petitioner had made the said applications on a wrong advice is an afterthought. the petitioner having applied for indian citizenship and for grant of permission to stay in india and having acquired afghan passport repels the contention of the petitioner that he is an indian citizen. in abdus samad v. state of west bengal air ..... 5(1)(a) of the citizenship act, 1955, for being registered as a citizen of india, it was held that the application for registration as an indian citizen totally repels any plea of citizenship of the appellant. thus, the claim of the appellant that he had come to calcutta in 1914 and therefore, at the commencement of the constitution he became a citizen under ..... article 5 (c) of the constitution did not find favour .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-23-2011
..... fall under entries 17 to 19 of list-i, as contended. in pith and substance, the subject matter does not deal with the issue of citizenship, extradition or admission into and emigration and expulsion from india, passports and visas which are subjects in list-i. the amendment deals with rights of non-resident indians in tenanted premises in relation to right ..... co-exist without any conflict. 9. the classification of non-resident indians, as a separate class of landlords, cannot be held to be violative of article 14 of the constitution. right to seek eviction on the ground of bonafide need is available to all landlords. only difference in the case of nris and certain other specified landlords is that ..... eviction on non-residents, including foreigners was arbitrary and discriminatory qua the residents and thus, violative of article 14 of the constitution; (iv) the impugned notification, extending the amending act to chandigarh, is exercise of essential legislative functions by the executive which was not permissible under section 87 of the reorganisation ..... the subject matter of the legislation is covered by existing law namely the citizenship act, 1955 and foreign exchange management act, 1999 and the impugned amendment being repugnant to the statutory provisions of central law, the field being occupied, the state legislation is void under article 254 of the constitution; (iii) the act to the extent of conferring preferential right of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-08-2011
..... company."4. it is stated that one of the partners shri gurmukh singh settled down in the united states of america in 1974 and subsequently acquired the citizenship of usa. shri gurmukh singh returned to india in 1992. he filed suit no. 2619 of 1992 for dissolution of partnership. a preliminary decree was passed in the said suit on 17th october 1995 ..... is whether the bpcl can be faulted for not granting permission in terms of the clause 10(s) of the agreement dated 11th november 1974 to the change in the constitution of the firm or dissolution of the firm.15. the facts show that the firm stood dissolved by the preliminary decree dated 17th october 1995 passed by this court. that ..... . clause 10(s) of the agreement dated 11th november 1974 reads as under:"10. the licensees hereby covenant and agree with the company as follows:(s) not to change the constitution of the licensees firm nor to dissolve the partnership nor admit new member as partner nor allow any partner to withdraw from the partnership without obtaining the previous consent in .....Tag this Judgment!
Court : Kerala
Decided on : Dec-12-2011
..... of those violations, the election of the returned candidate has been materially affected. 10. necessarily, one will have to refer to article 191 of the constitution of india. the same reads as follows: 191. disqualification for membership. (1) a person shall be disqualified for being chosen as, and for being ..... either under the central government or under the state government and therefore does not fall within the prohibition envisaged under article 191 of the constitution of india. as regards the other two grounds, it is contended that even assuming them to be true, they do not provide grounds for ..... they are (i) the respondent was holding an office of profit under the state government and therefore he was disqualified under article 191 of the constitution of india from contesting the election, (ii) there is gross violation of s.38 of the representation of the people act , 1951 (hereinafter referred to as ..... 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 adherences 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 .....Tag this Judgment!
Court : Delhi
Decided on : May-23-2011
..... council the right to education which was followed by mahatma gandhi's call for universal education in 1937. after independence, the framers of the constitution of india inculcated it in the directive principles of state policy and it was only in 1993 in unni krishnan vs. state of a.p ( ..... the said decision of the respondent school so as to interfere with the same in exercise of its writ jurisdiction under article 226 of the constitution of india. 13. however, having said the above, it cannot also be lost sight of the fact that none of the legislations and rules ..... court held the right to education as a fundamental right to be read into article 21 of the constitution of india. but it was only in the year 2002 with the 86th constitutional amendment that article 21 a was added which made free and compulsory education to all the children from ..... at the intendment and spirit of the passing of the historic, even though belated welfare legislation, no child can be deprived of education. india is also a signatory to the united nations childs right convention and has universally accepted the definition of child which is upto the age of ..... india the 136th nation in the world to give right to education legal sanctity. 15. basic education is a fundamental requirement of all modern societies for social equity, economic functionality and imbibing cultural values. education is one of those rights that enable the full realization of a person's potential and inclusion in society by enabling citizenship .....Tag this Judgment!