Court : Andhra Pradesh
Decided on : Aug-14-2013
..... the evidence act, 1872, until it is cancelled or set aside by the prescribed competent authority under citizenship act, 1955. his version is that he is holding citizenship certificate on the date of his election within the meaning of article 173 and 191 of constitution of india and also in terms of the provisions of representation of the people act, 1951.47. rw-1 ..... to fill a seat in the legislative assembly under article 173 and 191(1)(d) and (e) of the constitution of india and section 16 of the representation of people act, 1951. according to the petitioner, the first respondent had voluntarily obtained the citizenship of germany in the year 1993 and also obtained a german passport, which is valid up 02.04.2017 ..... . the argument advanced on his behalf that on the date of election he was holding citizenship certificate which is not cancelled even today and therefore, qualified under article 173 of the constitution of india for contesting the election and he is not disqualified under article 191 of the constitution of india is without any substance. this court while deciding the election petition can examine the ..... obtained german passport which is valid up to 2017. thus, he ceased to be citizen of india by virtue of the provisions of article 9 of the constitution, the citizenship certificate dated 03.02.2009 issued by the central government under section 5(1)(f) of the citizenship act was obtained by him by suppression of facts and playing fraud on the central government .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-05-2013
..... section 13-b and section 2 (dd) of the rent act are contrary to the provisions of the citizenship act as well as constitution of india and various notifications issued by the government of india; and are liable to be struck-down. the petitioner further raised a ground that the eviction petition was ..... another contention of the respondent that the notification vide which the amendment act of 2001 was extended to ut of chandigarh is ultra vires of the constitution and is unconstitutional is concerned, the same also stands repelled because the said notification has not been declared ultra vires and unconstitutional by any court ..... the case of baldev singh bajwa s case (supra) wherein it has been held that the citizenship is totally irrelevant as a person of indian origin living abroad, who is having immovable property in india, is an nri. learned counsel for the respondent has further submitted that there is no dispute ..... be the indian citizens. the definition in fact embraces all those categories of indians living abroad whether citizens or non-citizens, whether born in india or abroad, whether carrying indian or foreign passport. it appears that as long as he is owner of a property in the state of ..... not included in the definition of not resident indian because an nri is a person who is an indian citizen ordinarily and is residing outside india holding an indian passport. since the respondent-landlady is neither an indian citizen not she holds an indian passport, she does not fulfill the .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-03-2013
..... not a foreigner? 72. article 5 to 9 of the constitution determines, who are citizens of india at the commencement of the constitution. the constitution does not make any provision with respect to the acquisition of citizenship after its commencement or the termination of such citizenship as well as other matters relating to citizenship. article 11 of the constitution, however, expressly saves the power of parliament to make ..... a law to provide for such matters, namely, the acquisition and termination of citizenship and ..... to 9 of the constitution of india determined, who are citizens of india at the commencement of the constitution and by the 1955 enactment, which was made by the parliament in exercise of the power conferred under article 246(1) read with entry 17 of list one in the seventh schedule and article 11 of the constitution, the provisions for acquisition of citizenship, after the commencement .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-23-2013
..... before. the new procedure would itself become the "procedure established by law" within the meaning of article 21 of the constitution. therefore even on the assumption that loss of indian citizenship with consequent deportation may involve loss of personal liberty within the meaning of art. 21, it is not possible to hold ..... decree dated 8.11.1966. it is further averred by the plaintiff that if the defendants are saying that the plaintiff has lost the citizenship of india and acquired citizenship of another country, it is the duty of the defendants to get such issue decided by the central government under section 9(2) ..... ii) or has voluntarily acquired the citizenship of a foreign state or (iii) is under any ..... indian citizenship on the acquisition of the citizenship of a foreign country. sub-clause (d) of cl. (1) of art. 102 of the constitution provides that a person shall be disqualified for being chosen as and for being a member of either house of parliament (i) if he is not a citizen of india, ( ..... acknowledgement of allegiance or adherence to a foreign state. we are concerned here with a case falling under cl. (ii) and that question has to be decided by virtue of art. 11 of the constitution and .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-06-2013
..... and directions, we have heard it finally. 2] hence, rule. respondents waive service. by consent rule made returnable forthwith. 3] by this petition under article 226 of the constitution of india, the petitioner is challenging the order passed by the deputy commissioner of police and foreign registration officer (fro for short). by that order dated 2nd february 2013/ 21st-24th december ..... on the decision of the division bench of our high court in the case of satish nambiar v. union of india reported in 2007 (5) bom.c.r. 247. indeed, in that case, the court was considering the provisions of the citizenship act. however, the underlying principle would answer the argument under consideration. the court held that it is a general ..... . even if the petitioners were to succeed in getting registration of overseas citizenship of india, the situation would be no different. inasmuch as, an overseas citizen of india can enjoy restricted rights. the rights which are enjoyed by the overseas citizens of india are by virtue of section 7(b) of the citizenship act, 1955. this provision opens with non obstante clause. the persons ..... years. the petitioners assert that they have already moved application for registration of overseas citizens of india within the meaning of section 7(a) of the citizenship act, 1955. in that sense, the petitioners have not claimed that they are citizens of india or have acquired citizenship of india, as the case may be. at best, they have taken their claim for registration of .....Tag this Judgment!
Court : Delhi
Decided on : Dec-17-2013
..... at its center. in the decision reported as air1955sc334d.p.joshi v. the state of madhya bharat & anr., the supreme court held as under: 7. under the constitution, article 5, which defines citizenship, itself proceeds on the basis that it is different from domicile, because under that article, domicile is not by itself sufficient to confer on a person the status ..... g) of the constitution of india in the decision reported as air1957sc699the state of bombay v. r.m.d. chamarbaugwala, it was observed as under: citizen? has not been defined by the constitution and the only provision which is relevant is the provision contained in art.5. but that article only deals with the citizenship at the commencement of the constitution and it lays down ..... citizen at the commencement of the constitution ....although domicile is a question of private international law, rights and acquisition of citizenship is a creation of municipal law and it is only parliament by municipal law that can determine who is a citizen. (emphasis supplied) 35. in the decision reported as air1984sc1420dr.pradeep jain & ors. v. union of india & ors., the supreme court ..... observed as under: 8. now it is clear on a reading of the constitution that it recognizes .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-11-2013
..... expecting mothers. there is no doubt that a woman's right to make reproductive choices is also a dimension of 'personal liberty' as understood under article 21 of the constitution of india. it is important to recognise that reproductive choices can be exercised to procreate as well as to abstain from procreating. the crucial consideration is that a woman's right to ..... observed: in absence of such factual foundation having been pleaded, we are of the opinion that no case has been made out for declaring the said provision ultra vires the constitution of india. 40. the writ petition filed by respondent no.1 was singularly laconic inasmuch as except giving brief detail of the work being done by it for hiv prevention targeting ..... repealed act is inconsistent with section 14 of the 2003 act, the same would be arbitrary by reason of being discriminatory in nature and ultra vires article 14 of the constitution of india on the premise that charging section provides for levy of tax on sale and consumption of electrical energy, while the exemption provision purports to give power to exempt tax ..... treatment at the hands of the law enforcement machinery. the government of india estimates the msm number at around 25 lacs. the number of lesbians and transgender is said to be several lacs as well. this vast majority (borrowing the language of the south african constitutional court) is denied moral full citizenship . section 377 ipc grossly violates their right to privacy and liberty .....Tag this Judgment!
Court : Delhi
Decided on : Jan-28-2013
..... a position, as a matter of law , on the existing material to hold that the petitioner is an indian citizen. the question whether the petitioner has lost his citizenship of india and acquired citizenship of some other country is to be decided by the central government and not by this court in the person proceedings.10. learned counsel for the petitioner has submitted ..... 197.sc 138.wherein referring to the decisions given in shuja-ud-din vs. uoi 196.crilj 573.abdul sttar haji ibrahim patel vs. the state of gujarat air 196.sc 81.and mohd. ayub khan vs. commissioner of police, madras & anr. air 196.sc 162.by constitutional bench, legal position was reiterated as under : on appeal this court held that neither ..... the magistrate nor the sessions judge was competent to come to a finding of his own that the respondent, an indian national, had disowned his nationality and acquired pakistan nationality for under section 9(2) of the citizenship act that decision could only ..... be made by the prescribed authority. the respondent in that case, according to this court, had become an indian citizen under article 5(a) of the constitution when it came into force and there being no determination by the central government that .....Tag this Judgment!
Court : Kerala
Decided on : Sep-09-2013
..... argued. 10.learned senior counsel appearing for the additional respondents also argued on the limited scope of interference under article 227 of the constitution of india and pointed out that this is not one of those cases where this court would invoke the jurisdiction even in relation to the ..... act of respondents is deceptive and fraudulent. it is stated that the situation is one which warrants interference under article 227 of the constitution of india and the substantial question of law in relation to any government land by a foreign company in gross violation of land laws of ..... in gross violation of land laws and foreign exchange regulation act, 1973, for short, fera', and that is a fraud on the constitution of india warranting immediate action on the part of the state in public interest and based on public policy as enjoined by under article 296 of ..... of a foreign nation, the right as a tenant in an indian soil will be lost. 9.learned senior counsel appearing for the respondent company referred to sahara india ..... india [air1997sc2620 to argue that the respondent company is not entitled to any right in terms of the provisions of klr act since the very object of that act is traceable to articles 38 and 39 of the constitution, which visions exclusively to support the rights of indian citizens in the indian soil and that on acquiring the citizenship .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-2013
..... do under article 1, 2. it matters not whether the united states has specified one way in which it believes arizona might be able to verify citizenship; arizona has the independent constitutional authority to verify citizenship in the way it deems necessary. see in part ii a 2, supra. by requiring arizona to register people who have not demonstrated to arizona s ..... of the statutorily required quorum, is incapable of taking. if the answer to that is no, arizona might then be in a position to assert a constitutional right to demand concrete evidence of citizenship apart from the federal form. 11 the eac recently approved a state-specific instruction for louisiana requiring applicants who lack a louisiana driver s license, id card ..... the application ). iii arizona contends, however, that its construction of the phrase accept and use is necessary to avoid a conflict between the nvra and arizona s constitutional authority to establish qualifications (such as citizenship) for voting. arizona is correct that the elections clause empowers congress to regulate how federal elections are held, but not who may vote in them. the ..... registration application. i a in light of the states authority under the elections clause of the constitution, art. i, 4, cl. 1, i would begin by applying a presumption against pre-emption of the arizona law requiring voter registration applicants to submit proof of citizenship. under the elections clause, the states have the authority to specify the times, places, and .....Tag this Judgment!