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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2013 Page 2 of about 41 results (0.035 seconds)

Jan 23 2013 (HC)

State of Gujarat Vs. Kayamali Hasimbhai Electricwala and Another

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 .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

Decided on : Oct-09-2013

..... not have the effect of transferring the status of delhi from union territory to that of a state within the meaning of chapter 1 of part ii of the constitution of india. the constitutional position is that article 239aa does not derogate from the powers of the parliament to make laws with respect to any matter for a union territory or any part ..... is well settled that the reports of the law commissions are valuable external aids to statutory interpretation.218. the law commission is established by an order of the government of india, constituted for reforming the law for maximising justice in society and promoting good governance under the rule of law. the commission has a fixed tenure and works as an advisory body ..... legislative competence of the delhi legislative assembly. v. the court fees (delhi amendment) act, 2012 disproportionately impacts the fundamental right of access to justice under article 21 of the constitution of india and has a deleterious impact on litigation in courts. it results in violation of the obligations of the state to ensure an effective and efficient system for administration of justice ..... make an affirmative act of faith in the w.p.(c)no.4770/2012 page 276 of 531 principles and consequences of self-government, and perform a positive act of citizenship by electing to submit to the authority of the law. on the mundane level of even the most ordinary kind of domestic or civil disagreement, participation enriches democratic governance (as .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

Decided on : Oct-09-2013

..... not have the effect of transferring the status of delhi from union territory to that of a state within the meaning of chapter 1 of part ii of the constitution of india. the constitutional position is that article 239aa does not derogate from the powers of the parliament to make laws with respect to any matter for a union territory or any part ..... is well settled that the reports of the law commissions are valuable external aids to statutory interpretation.218. the law commission is established by an order of the government of india, constituted for reforming the law for maximising justice in society and promoting good governance under the rule of law. the commission has a fixed tenure and works as an advisory body ..... legislative competence of the delhi legislative assembly. v. the court fees (delhi amendment) act, 2012 disproportionately impacts the fundamental right of access to justice under article 21 of the constitution of india and has a deleterious impact on litigation in courts. it results in violation of the obligations of the state to ensure an effective and efficient system for administration of justice ..... make an affirmative act of faith in the w.p.(c)no.4770/2012 page 276 of 531 principles and consequences of self-government, and perform a positive act of citizenship by electing to submit to the authority of the law. on the mundane level of even the most ordinary kind of domestic or civil disagreement, participation enriches democratic governance (as .....

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Sep 24 2013 (HC)

The State of Assam, Represented by the Commissioner and Secretary to t ...

Court : Guwahati

Decided on : Sep-24-2013

..... a state originally and those who come and settle subsequently. under the scheme of the constitution, an indian citizen can reside and settle in any part of the territory of india and in doing so he cannot be discriminated in comparison to a person already settled in ..... and indians last. no regional interest can override the interest of national integrity. the entire country is one nation with one citizenship and irrespective of the place of birth or language or religion, a citizen can reside and settle in any part of the ..... ? [para 2] ?? ? ? ? ..now if india is one nation and there is only one citizenship, namely, citizenship of india, and every citizen has a right to move freely throughout the territory of india and to reside and settle in any part of india, irrespective of the place where he is born or the ..... language which he speaks or the religion which he professes and he is guaranteed freedom of trade, commerce and intercourse throughout the territory of india ..... and pragmatism of universal excellence through equality of opportunity for education and advancement across the nation is part of our founding faith and constitutional creed. the effort must, therefore, always be to select the best and most meritorious students for admission to technical institutions and .....

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Jul 10 2013 (SC)

Lily Thomas Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Jul-10-2013

..... place of worship) of the places of worship (special provisions) act, 1991]., [or]. [(k) section 2 (offence of insulting the indian national flag or the constitution of india) or section 3 (offence of preventing singing of national anthem) of the prevention of insults to national honour act, 1971 (69 of 1971), [or]. [(l ..... residuary matters (other than matters enumerated in list ii and list iii) parliament will have power to make law. to quote from commentary on the constitution of india by durga das basu (8th edition) volume 8 at page 8988: in short, the principle underlying article 248, read with entry 97 of list ..... 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 acknowledgment of allegiance or adherence to a foreign state; (e) if he is so ..... 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 acknowledgment of allegiance or adherence to a foreign state; (e) if he is so disqualified ..... disqualified by or under any law made by parliament. [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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Sep 09 2013 (HC)

K.Jagadeesachandran Nair and Others Vs. E.K.Mamomohanan Pandarathil an ...

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 .....

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Sep 06 2013 (HC)

Mohammad Hassan Jafari Naeimi Vs. Union of India and Others

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 .....

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Sep 04 2013 (HC)

Varsha Sathees and Others Vs. State of Assam, Represented by the Commi ...

Court : Guwahati

Decided on : Sep-04-2013

..... he doesnt acquire a new domicile of choice. this is because our country has only one citizenship i.e. the citizenship of india and the domicile of origin which is conferred by operation of law to each person at birth doesnt change with relocation to another ..... doctors to serve the states interest. 8. the residence requirement for admission to medical colleges in state is held to be constitutionally valid in dr. pradeep jain vs. union of india reported in (1984) 3 scc 654. therefore state is legally competent to provide for admission of those who are residents of ..... immovable property in the certificate of residency in my view, is not fatal to the candidature of the petitioners. 18. the children of all india services officers are not required to establish that they are permanent residents of assam and therefore it is obvious that the state doesnt expect this group ..... presupposes that the permanent residents of assam after qualifying as doctors, will surely serve the need of the people of the state. 10. in india when a person with roots in one state moves to another state with intention to reside there permanently or indefinitely, his domicile doesnt change and ..... assam. the applicant is also required to study minimum 4 years in a school situated in assam. however the children of officers of the all india services of assam cadre are exempted from these eligibility criterion. the mode of application is prescribed by sub-rule (2) of rule 7 which .....

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Aug 07 2013 (HC)

Nuzhat Jahan Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Decided on : Aug-07-2013

..... they will not leave the country without prior permission from the office of the dcp, special branch, delhi till the final decision is taken by the government of india on the said citizenship application of the petitioner. the petitioner and her husband are also directed to immediately communicate to the office of the concerned dcp, if they intend to change their residential ..... petition. the main grievance of the petitioner in the present petition is that government has not yet taken any decision on her application moved by her for grant of indian citizenship. the other grievance raised by the petitioner is that her detention in the beggars home, nirmal chhaya parisar, delhi is illegal and is in violation of her fundamental rights. undeniably ..... and grant of further extension of her long term visa, the ministry of home affairs shall consider the said application filed by the petitioner for the grant of her indian citizenship. mr. n.d. pancholi, learned counsel for the petitioner submits that the petitioner shall take immediate steps as suggested by the ministry of home affairs in their communication dated ..... indicated in the status report and the fact that the petitioner also has a grandson is clarified therein. the status report also indicates that the petitioner had applied for indian citizenship before sdm/darya ganj, through an application dated 13th june 1996, but the said application is pending consideration. in the status report, the state has also verified the antecedents of .....

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Apr 29 2013 (FN)

Mcburney Vs. Young

Court : US Supreme Court

Decided on : Apr-29-2013

..... access public information on equal terms with commonwealth citizens is rejected because the right to access public information is not a fundamental privilege or immunity of citizenship. the court has repeatedly stated that the constitution does not guarantee the existence of foia laws. see, e.g., los angeles police dept. v. united reporting publishing corp., 528 u. s ..... - tion act does not regulate commerce in any meaningful sense, but instead provides a service that is related to state citizenship. for these reasons, we affirm the decision of the court of appeals rejecting petitioners constitutional claims. i petitioners mark j. mcburney and roger w. hurlbert are citizens of rhode island and california respectively. mcburney ..... and hurlbert each requested documents under the virginia foia, but their requests were denied because of their citizenship. mcburney is a former resident of virginia whose ex ..... not violate the dormant commerce clause. *??*??* because virginia s citizens-only foia provision neither abridges any of petitioners fundamental privileges and immunities nor impermissibly regulates commerce, petitioners constitutional claims fail. the judgment below is affirmed. it is so ordered. notes 1 at oral argument, the solicitor general of virginia contended that, as a matter of .....

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