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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2012 Page 1 of about 37 results (0.049 seconds)

Feb 29 2012 (HC)

G.Karunairaj Vs. State Rep.by the Secretary to Government.

Court : Chennai

Decided on : Feb-29-2012

..... be any doubt whatsoever that adequate care should be taken to see that no genuine citizen of india is thrown out of the country. a person who claims himself to be a citizen of india in terms of the constitution of india or the citizenship act is entitled to all safeguards both substantive and procedural provided for therein to show that he ..... the burden of proof is on the proceedee, the same by itself would not mean that the procedure is ultra vires the provisions of article 21 of the constitution of india. article 21 would not be offended if the procedure is fair and reasonable.'28. taking a leap forward, the supreme court also held in paragraphs 55 and ..... of the fact that in hans muller of nuremberg vs. supdt. of presidency jail, calcutta {air 1955 sc 367}, a constitution bench of the supreme court held that the power of the central government to expel foreigners from india, is absolute and unfettered or unrestricted. but, two things must be remembered, namely (a) that after the aforesaid decision ..... on him was very sacrosanct.19. in louis de raedt vs union of india {1991 (3) scc 554}, the supreme court reiterated that even a foreign national is entitled to the fundamental right to life and liberty guaranteed under article 21 of the constitution. while holding so, the supreme court also dealt with the question of the ..... petition under article 226 of the constitution of india praying for the issuance of a writ of certiorari to call for the records in g.o.rt.3749 dated 9.11.2011 passed by .....

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Jun 26 2012 (HC)

Surendranath Mishra Vs. State of Orissa and Others

Court : Orissa

Decided on : Jun-26-2012

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. 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 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 a minority of persons residing in india. they must have formed a well defined religious or .....

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Jun 26 2012 (HC)

Nishikanta Kar Vs. State of Orissa and Others

Court : Orissa

Decided on : Jun-26-2012

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. 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 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 a minority of persons residing in india. they must have formed a well defined religious or .....

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Jun 26 2012 (HC)

Dr.Shyamal Ku. Saha and Others Vs. State of Orissa and Others

Court : Orissa

Decided on : Jun-26-2012

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. 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 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 a minority of persons residing in india. they must have formed a well defined religious or .....

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Jun 26 2012 (HC)

Dr.Shyamal Ku. Saha Vs. State of Orissa and Others

Court : Orissa

Decided on : Jun-26-2012

..... as to whether aligarh musilim university was established by the muslim minority.24. admittedly, stewart science college was established prior to the enactment of the constitution of india when there was no settled concept of indian citizenship. in similar circumstances, in the decision of st. stephen s college vrs.- university of delhi (supra), upon reference to the decision of the ..... persons who took part in establishing the school in 1854 were indian citizens .. prior to the enactment of the constitution there was no settled concept of indian citizenship, and it cannot be said that christian missionaries who had settled in india and the local christian residents of bhagalpur did not form a minority 30 community. it is true that the minority ..... the institution. the proof of establishment of the institution, is thus a condition precedent for claiming the right to administer the institution. 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 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 a minority of persons residing in india. they must have formed a well defined religious or .....

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Apr 12 2012 (HC)

Shrikrishna Pandey Vs. Chhattisgarh Vidhan Sabha and Others

Court : Chhattisgarh

Decided on : Apr-12-2012

..... has not produced any document to show that he has given up the citizenship of nepal and obtained the citizenship of india. the same is evident from the verification form, which was filled up by the petitioner himself. thus, this petition suffers from inability caused vide part ii of the constitution of india. the case of the petitioner is relatable to article 311(2) ( ..... b) of the constitution of india, according to which, the order of dismissal has been ..... authority is satisfied that for some reasons it would not be reasonably practicable to hold such enquiry. the principles of natural justice do not flow from article 14 of the constitution of india. the demonstrations and strike comes within the purview of misconduct under the provisions of the chhattisgarh civil services (conduct) rules, 1965. the petitioner has abetted other employees to ..... order cannot be sustained." 17. in tarsem singh v. state of punjab and others4, the supreme court, while dealing with the requirement of article 311(2) of the constitution of india, observed as under: "11. we have noticed hereinbefore that the formal enquiry was dispensed with only on the ground that the appellant could win over aggrieved people as well .....

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Nov 21 2012 (HC)

The Union of India Represented by the Secretary and Others Vs. Major V ...

Court : Karnataka

Decided on : Nov-21-2012

..... procreation is the very essence of the being of a human, and partakes the character of a human right which transcends all laws and every legislation. article 21 of the constitution of india succinctly states that no person shall be deprived of his life or personal liberty except according to procedure established by law. each and every fundamental right guaranteed by our ..... learned single judge had therefore directed that the application of the petitioner no1 be processed on the assumption that because of the unwillingness of his prospective wife to adopt indian citizenship, his case should be taken as one of resignation or release from services of the army. under these circumstances, it is just and necessary for us to immediately distinguish the ..... for release from the service may be processed automatically as per the application for release from service submitted vide para5(a) above, if his/her spouse refused to acquire indian citizenship or willfully delays acquisition of indian citizanship. *** 17. in case an army personnel contracts marriage with foreign national without ags permission or proposes to resign, in order to be ..... letter of petitioner no.1 dated 29.06.2011, appendix c had not been submitted for the reason that petitioner no.2 was not willing to renounce her sri lankan citizenship. the request of petitioner no.1 received the recommendation of his commanding officer. we will have to assume that at present it is not permissible in the armed forces for .....

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Jun 25 2012 (FN)

Arizona Vs. United States

Court : US Supreme Court

Decided on : Jun-25-2012

..... congress supports this result. i dissent. i as a sovereign, arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the constitution or constitution- ally imposed by congress. that power to exclude has long been recognized as inherent in sovereignty. emer de vattel s seminal 1758 treatise on the law of nations stated: ..... any state or local government may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, [the federal government] information regarding the citizenship or immigration status, lawful or unlawful, of any individual. 1373(a); see also 1644 (providing that no state or local government entity may be prohibited, or in any way ..... shall be entitled to all privileges and immunities of citizens in the several states. art. iv, 2, cl. 1 (emphasis added). but if one state had particularly lax citizenship standards, it might still serve as a gateway for the entry of obnoxious aliens into other states. this problem was solved by authorizing the general government to establish a uniform ..... immigrants stood before the tattered flag that inspired francis scott key to write the national anthem. there they took the oath to become american citizens. the smithsonian, news release, smithsonian citizenship ceremony welcomes a dozen new americans (may 24, 2012), online at http://newsdesk.si.edu/releases. these naturalization cere- monies bring together men and women of different ori- .....

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Mar 20 2012 (HC)

Md. Abdul Rahim Vs. the Union of India Represented by the Secretary to ...

Court : Guwahati

Decided on : Mar-20-2012

..... . in consideration of the same, my findings are as below: 5. needless to say that the writ court exercising its power of judicial review under article 226 of the constitution of india cannot make a roving enquiry as to the veracity or otherwise of the documents annexed to the writ petition. it also cannot sit on appeal over the findings recorded by ..... and emblem of the school. only an impression of a seal which can be easily manufactured appears on the certificate with an illegible signature. the petitioner cannot establish his indian citizenship by such documents. the other two documents, namely the voter list (extract only) of 1970 and 1955 are of no consequence as the same does not establish any link to ..... list (extract only) of 1955 containing the name of one abdul barek. 8. above is the written statement and documents on which the petitioner placed reliance towards establishing his indian citizenship and that too by birth. independent of the findings recorded by the tribunal, i have examined the said documents to derive prima facie satisfaction. none of the documents can inspire ..... submitted by the electoral registration officer. on the basis of such reports, a reference was made against the petitioner to the tribunal to give its opinion as to the indian citizenship of the petitioner. with the registration of the case in the tribunal, the petitioner was served with notice in response to which he had appeared and contested the reference. 7 .....

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Dec 05 2012 (SC)

Purno Agitok SangmA. Vs. Pranab Mukherjee.

Court : Supreme Court of India

Decided on : Dec-05-2012

..... disqualification) act, 1959, in 2006, the office of chairman of the institute was excluded from the disqualification provisions of article 58(2) of the constitution of india. mr. salve submitted that the aforesaid act had been enacted to declare that certain offices of profit under the government, including the post of chairman ..... hold offices of profit under the government and were not, therefore, disqualified either under articles 102(1)(a) and 191(1)(a) of the constitution of india or the provisions of the bengal municipal act, 1932. their lordships held that on an analysis of the provisions of the act, it was ..... receipt of the letter itself. learned counsel urged that this was another case of "doubt" within the meaning of article 71 of the constitution of india which required the election petition to be tried as a suit for which a detailed hearing was required to be undertaken by taking evidence and ..... 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 so ..... disqualified by or under any law made by parliament.1[explanation.-- for the purposes of this clause] a person shall not be deemed to hold an office of profit under the government of india .....

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