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 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-24-2013
..... past discrimination could not serve as a compelling interest, because a university s broad mission [of] education is incompatible with making the judicial, legislative, or administrative findings of constitutional or statutory violations necessary to justify remedial racial classification. id., at 307 309. the attainment of a diverse student body, by contrast, serves values beyond race alone, including ..... good intentions cannot excuse its outright racial discrimination any more than such intentions justified the now denounced arguments of slaveholders and segregationists. b while it does not, for constitutional purposes, matter whether the university s racial discrimination is benign, i note that racial engineering does in fact have insidious consequences. there can be no doubt that ..... iden-tified and unquestionably legitimate, croson, supra, at 505 (quoting fullilove, 448 supra, at 533 535 (stevens, j., dissenting)). ii grutter made clear that racial classifications are constitutional only if they are narrowly tailored to further compelling governmental interests. 539 u. s., at 326. and grutter endorsed justice powell s conclusion in bakke that the attainment of a ..... . 539 u. s., at 346, n. (ginsburg, j., concurring). see also gratz v. bollinger, (ginsburg, j., dissenting) ( actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its aftereffects have been extirpated. ). .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-19-2013
..... well-being of the affected children through the familiar judicial tools of expediting proceedings and granting stays where appropriate. there is no need to manipulate constitutional doctrine and hold these cases moot. indeed, doing so may very well undermine the goals of the treaty and harm the children it is meant ..... granted certiorari to review the judgment of the court of appeals for the eleventh circuit. 567 u. s. ___ (2012). ii article iii of the constitution restricts the power of federal courts to cases and controversies. accordingly, [t]o invoke the jurisdiction of a federal court, a litigant must have suffered, ..... child custody in alabama state court. towards the end of the year, ms. chafin was arrested for domestic violence, an incident that alerted u. s. citizenship and immigration services to the fact that she had overstayed her visa. she was deported in february 2011, and e. c. remained in mr. chafin ..... remedy is sufficient to prevent [a] case from being moot, calderon v. moore, 518 u. s. 149 . pp. 10 11. (c) manipulating constitutional doctrine and holding these cases moot is not necessary to achieve the ends of the convention and icara, and may undermine the treaty s goals and harm the ..... , a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Orissa
Decided on : Dec-11-2013
..... , inter alia 'to have compassion for living creatures' and to 'develop humanism'. if emphatically interpreted and imaginatively expanded these provisions can form the constitutional underpinnings for victimology. 9.2 however, in india the criminal law provides compensation to the victims and their dependants only in a limited manner. section 357 of the code of criminal procedure incorporates ..... decisions in nilabati behera v. state of orissa (1993 2 scc746) and in chairman, railway board v. chandrima das are illustrative of this new trend of using constitutional jurisdiction to do justice to victims of crime. substantial monetary compensations have been awarded against the instrumentalities of the state for failure to protect the rights of the victim ..... with the plight of victims under criminal justice administration and taking advantage of the obligation to do complete justice under the indian constitution in defense of human rights, the supreme court and high courts in india have of late evolved the practice of awarding compensatory remedies no.only in terms of money but also in terms of ..... be provided to reestablish the situation that existed prior to the violations of human rights or international humanitarian law. restitution requires inter alia, restoration of liberty, family life citizenship, return to one's place of -8residence, and restoration of employment or property.13. compensation shall be provided for any economically assessable damage resulting from violations of human .....Tag this Judgment!
Court : Chennai
Decided on : Apr-16-2013
..... 5) she further pointed out that section 3 of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 provides for constitution of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disability. the said trust shall be administered by a board consisting a chairperson ..... b) health care needs; (c) religious needs; (d) education, training and employment needs; (e) leisure and nutrition needs; (f) protection from exploitation and abuse; (g) protection of constitutional and human rights; and (h) medical and surgical needs. (8) the confirmation of appointment of the guardian on application made by (1) a registered organisation; or (2) the parent or ..... case may be, his disabled ward beyond the age of 18, in which case the application shall be accepted unless the parent is disqualified on account of:- (i) loss of citizenship; (ii) being of unsound mind; (iii) being convicted by a court of law; or (iv) being a destitute. (2) the applicant may indicate siblings, or any ..... welfare department, fort st. george, chennai. (iii)the national trust welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities, ministry of social justice & empowerment, government of india, iph complex, 4 vishnu digamber marg, new delh 002. (iv)welfare of differently abled persons department, secretariat, chennai 009. (v) ms.narmadha sampath, advocate, amicus curiae, no.244 .....Tag this Judgment!
Court : Delhi
Decided on : Oct-31-2013
..... circle.4. the contention of the learned counsel for the petitioner is that neither plying the vehicle with tinted glasses nor plying it without the conductor having the driving licence constitutes a valid ground for suspension of the permit and, therefore, the impugned order is liable to be set aside. section 86 of the mv act to the extent it is relevant ..... goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country: provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation.? 5 ..... letters.? 6. it would, thus, be seen that neither plying a vehicle with tinted glasses nor plying it without the conductor of the vehicle having a driving licence with him constitutes violation of the general conditions attached to all the permits. this is also not the case of the respondent that any special condition was attached to the permit of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-20-2013
..... or applicability had changed. the only difference from prior law was that the underlying professional norms had changed such that counsel s failure to give this advice now amounted to constitutionally deficient performance. [ 3 ] both before padilla and after, counsel was obligated to follow the relevant professional norms. it was only because those norms reflected changes in immigration ..... of reasonableness. padilla, 559 u. s., at ___ (slip op., at 9) (quoting strickland, 466 u. s., at 688). we recognized that [t]he first prong constitutional deficiency is necessarily linked to the practice and expectations of the legal community: [t]he proper measure of attorney performance remains reasonableness under pre- vailing professional norms. padilla, 559 u ..... decision stating that a lawyer s failure to offer advice about deportation met professional norms; all the decisions instead held that a lawyer s breach of those norms was constitutionally irrelevant because deportation was a collateral consequence. see supra, at 7. had courts in fact considered professional standards in the slew of cases before padilla that presented padilla ..... that fact, and at the time of her plea she remained ignorant of it. immigration officials initiated removal proceedings against chaidez in 2009, after an application she made for citizenship alerted them to her prior conviction. to avoid removal, chaidez sought to overturn that conviction by filing a petition for a writ of coram nobis in federal district court. .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-04-2013
..... such deprivation was in circumstances permitted under article 5(1). 57. james, like the present case, concerned prisoners whose detention was justified by the authorities on the ground that it constituted "the lawful detention of a person after conviction by a competent court" within article 5(1)(a). but, after the expiry of their tariff period, their continued detention also ..... mr lee could have commenced further judicial review proceedings which, in combination with the parole board's power to release once satisfied that he no longer presented a public danger, constituted an effective remedy. 62. the court's reference in james to the detention as "unlawful" under article 5(1) during periods when courses were not being duly provided ..... had jurisdiction to grant bail. in sezek the applicant, a turkish national, had been granted indefinite leave to remain in the united kingdom but his subsequent application for british citizenship had been refused for failing to declare previous criminal convictions. a deportation order was made in april 1999 which included authorisation for his detention. he applied for judicial review of ..... specific to enable the appellant to provide his lawyers and the special advocate with information to refute them. the hearing which the commissioners had conducted into the appellant's case constituted, on that account, a breach of the appellant's "right to procedural fairness" under article 5(4) of the convention. 12. instead of quashing the decision of the .....Tag this Judgment!