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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2014 Page 1 of about 43 results (0.036 seconds)

Apr 23 2014 (HC)

Patrick Savio Marcelino Almeida Vs. Devanand Vasudev Shirodkar and Oth ...

Court : Mumbai Goa

Decided on : Apr-23-2014

..... authorities in portugal and hence has become a foreign national, since 05/05/2006 and has thus lost indian citizenship. in terms of article 9 of the constitution, no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the ..... his wife in italy, the respondent must be deemed to have acquired italian citizenship as per the italian law and ceased to be an indian citizen under section 9 of the citizenship act, 1955 and that, therefore, under sub-clause (d) of clause (1) of article 102 of the constitution of india, the respondent was disqualified for being chosen as a member of the ..... that there had been a decision given on the question whether the respondent had ceased to be a citizen of india by the competent authority under the citizenship act, 1955 nor was it the case of the election petitioner ..... lok sabha. it was not disputed that the respondent was a citizen of india by virtue of article 5 of the constitution. there was also no allegation .....

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Dec 17 2014 (SC)

Assam Sanmilita Mahasangha and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : Dec-17-2014

..... without honour in his own country. substitute 'citizen' for 'prophet' and you will get the gist of the various writ petitions filed under article 32 of the constitution of india assailing section 6a of the citizenship act.2. it all began when the burmese ceded assam to the british on 24th february, 1826 as per the treaty of yandabo, thus bringing to an ..... a minimum of 5 judges under article 145(3). an enumeration of these questions is as follows: (i) whether articles 10 and 11 of the constitution of india permit the enactment of section 6a of the citizenship act in as much as section 6a, in prescribing a cut-off date different from the cut-off date prescribed in article 6, can do so ..... in the petitions filed in the present cases?. (ix) whether section 6a violates the basic premise of the constitution and the citizenship act in that it permits citizens who have allegedly not lost their citizenship of east pakistan to become deemed citizens of india, thereby conferring dual citizenship to such persons?. (x) whether section 6a violates the fundamental basis of section 5 (1) proviso and ..... in the nature of certiorari or any other appropriate writ(s), order(s) or direction(s) declaring section 6a of the citizenship act, 1955 as discriminatory, arbitrary and illegal and consequently striking down the impugned provision as ultra-vires the constitution of india; b) a writ in the nature of mandamus or any other appropriate writ(s), order(s) or direction(s) directing .....

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Mar 05 2014 (HC)

Grand Vasant Residents Welfare Association Vs. Dda and ors.

Court : Delhi

Decided on : Mar-05-2014

..... be possessing the necessary documents to show that he is a citizen not only within the meaning of the provisions of the constitution of india but also within the provisions of the citizenship act.46. in the decision reported as 2003 acj1274national insurance co. vs brij pal singh, a db of the allahabad high ..... and huda lay-out rules, 1982.12. it is now well settled that having regard to the provisions of article 48-a of the constitution of india, the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. after article 48-a ..... the said question must be rendered in the negative. right to clean environment is a part of the fundamental right under article 21 of the constitution of india. the land earmarked for park cannot be converted or changed into land for other purposes. if the corporation had no jurisdiction to grant permission ..... authority the court held as under: 9. it is a matter of great regret that the fond object for which the g.d.a. was constituted remained unaccomplished. the raj nagar scheme is meant for the reasonable accomplishment of the statutory object, which is to promote the orderly development of the ..... was introduced by the constitution (42nd amendment) act, 1976, there has been sudden spurt of litigation by well meaning social activists to protect quality of .....

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Jun 02 2014 (HC)

Shah Mohammed Anwar Ali, Assam and Others Vs. The State of Assam, Repr ...

Court : Guwahati

Decided on : Jun-02-2014

..... impugned judgment and order under challenge. 16. section 5 of the 1955 act provides for acquisition of citizenship by registration. sub-section (1), as stood prior to 2004 amendment, provides that any person, who is not already a citizen of india by virtue of the constitution or by virtue of any other provisions of the act and belongs to any of the categories ..... court. the learned addl. advocate general, therefore, submits that the appellants having not disclosed these facts are in fact not entitled to the equitable relief under article 226 of the constitution of india, and the writ petition filed by them deserves to be dismissed for suppression of material facts. 12. the learned addl. advocate general in support of his contention has placed ..... section (2) of section 9 of 1955 act, therefore, empowers the central government to determine the question as to whether, when or how any citizen of india has acquired the citizenship of another country, if such question arise for consideration. it is, therefore, the central government and no other authority, who can determine such question. the writ court would also ..... another country, until the central government otherwise directs. sub-section (2) provides that if any question arises as to whether, when or how any citizen of india has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf. 23. sub- .....

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Jan 03 2014 (HC)

S.Muralidharan Vs. Government of India

Court : Chennai

Decided on : Jan-03-2014

..... 3.1.2014 in m.p.no.2 of 2013 in w.p.no.22849 of 2007) .. respondents petition under article 226 of the constitution of india, praying for the issue of a writ of certiorarified mandamus, to call for the records connected with the impugned letter dated 8.4.2007 ..... the petitioner was holding a valid passport from 11.1.94 till 26.4.2004. thereafter, the petitioner has been taking steps for obtaining indian citizenship. as there was no progress, he filed the present writ petition in the year 2007. as mentioned above, the petitioner was issued with ..... valid residential permit, the learned counsel submitted that the application of the petitioner intended to be moved under section 5(1)(c) of the citizenship act would face impediment for its positive consideration. adding further, it was stated that when the petitioner had applied for indian passport, his sri ..... in chennai and also married one ms.neelam bisht, an indian, on 6.12.96, the case of the petitioner for registration of indian citizenship cannot be delayed or denied. however, the learned counsel for the petitioner placed certain difficulties in approaching the respondents for moving appropriate application under section ..... also recorded. however, the first respondent issued a letter dated 29.7.2004 stating that the petitioner failed to produce the proof of obtaining indian citizenship and thereupon he was advised to approach the i.c.section, ministry of home affairs, the fourth respondent for obtaining indian nationality as required under .....

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Dec 20 2014 (HC)

Lal Zenda Coal Mines Mazdoor Union, (CITU) through its General Secreta ...

Court : Mumbai Nagpur

Decided on : Dec-20-2014

..... may, we proceed to decide the contentions raised before us in the light of the constitutional provisions. 12. bharat ratna dr. babasaheb ambedkar presented the constitution of india for the people of india with a preamble, which reads thus: ??we, the people of india, having solemnly resolved to constitute india into a sovereign, socialist secular democratic republic and to secure to all its citizens: ..... individual and the unity and integrity of the nation; in our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. ? by constitution of india forty second amendment act, 1976, effected on 03.01.1977, the words ??unity and integrity of the nation ? were inserted. the original word in the preamble ??fraternity ..... to the pmnrf amount to violation of section 7 (2) (p) of the act, we find that the said provision must yield to the aforesaid provisions under the constitution of india, which we have sufficiently elaborated. that apart, for asking contribution for being made to the pmnrf, to have written authorisation of each and every employee from the large ..... be preserved only by a spirit of brotherhood. india has one common citizenship and every citizen should feel that he is indian first irrespective of other basis. in this view, any measure at bringing about equality should be welcome. ? 13. the preamble is the guiding light to the constitution of india. in the course of debate of constituent assembly, prof. k. p .....

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Sep 10 2014 (HC)

Gopal Dass Gogia Vs. Shashi Prabha

Court : Delhi

Decided on : Sep-10-2014

..... was getting medical treatment at max hospital nor was there any denial that the petitioner was willing to settle in india. the trial court was of the view that since the petitioner had been frequently visiting india for treatment, it was sufficient to constitute her bona fide requirement. the trial court held that if the eviction-petitioner wants to avail the residence facility ..... during visits to india for her treatment, it was a bona fide requirement. a similar situation was dealt with in sheela sapra vs. new india electrical industrial co. p. ltd. 1992 (23) drj65which held that foreign citizenship does not disentitle a ..... landlord to reside in his own premises on his stay in india. the trial court considered the production of passport to count the visits of the landlady to ..... india to be irrelevant. the trial court further held that even if the landlady?s son was not running any .....

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Mar 14 2014 (HC)

In the High Court of Punjab and Haryana at Vs. Veena Khosla and ors.

Court : Punjab and Haryana

Decided on : Mar-14-2014

..... aggrieved thereby, the petitioner-defendant no.6 has preferred the present petition, invoking the superintendence jurisdiction of this court under article 227 of the constitution of india.5. after hearing the learned counsel for the petitioner, going through the record with his valuable assistance and after deep consideration over the entire matter ..... under order 11 rule 14 of cpc for directing the plaintiffs to produce the passport of late sh.ashok khosla, his proof of denmark citizenship, adoption deed dated 9.2.1980 and the copy of passports of plaintiff. in the reply the plaintiffs have taken the stand that ashok ..... essential for just decision of the case, lacks merit as well. the defendants have not mentioned that who had adopted him. moreover, the proof of citizenship of denmark and passports etc. of late ashok khosla cannot be said to be in possession of the plaintiffs. in case, the defendants intend to ..... manohar singh khosla. the plaintiffs have stoutly denied the existence of adoption deed and claimed that ashok khosla was neither adopted, by way of citizenship of denmark nor such adoption deed was executed and that other documents were not in their possession/power. the contention of learned counsel that ..... 4 and 5 have moved an application (annexure p3) for directing the plaintiffs to produce the passport of late ashok khosla, his proof of citizenship of denmark and adoption deed dated 9.12.1980, whereby he was adopted by the citizen of denmark etc. under order 11 rule 14 cpc. .....

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May 22 2014 (HC)

Md. Anowar Ali and Others Vs. The State of Assam and Others

Court : Guwahati

Decided on : May-22-2014

..... being in possession of a valid passport or other travel documents or any other lawful authority in this behalf. 21. article 355 of the constitution of india provides that it shall be the duty of the union of protect every state against external aggression and internal disturbance and to ensure that the ..... petition and each writ petition has to be considered on its own merits in accordance with principles governing exercise of powers under article 226 of the constitution of india. if on consideration of the materials on record, the writ court finds that the matter requires to be remanded for a fresh consideration, in ..... and function, it cannot be said that such a person would be left without a remedy. remedy is always available under article 226 of the constitution of india. it is for the writ court to decide whether in a given case order of the tribunal is valid and legally sustainable. if the ..... section 9 of the act of 1946, which is absolutely essential in relation to the nature of inquiry being conducted regarding determination of a persons citizenship where the facts on the basis of which an opinion is to be formed and a decision is taken are entirely within knowledge of the said ..... of assam is facing external aggression and internal disturbance on account of large scale influx and illegal migration of bangladeshi nationals. on the other hand, citizenship of a person is a most valuable right which cannot simply be wished away. 29. that the provisions of the imdt act and the imdt .....

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Jun 13 2014 (HC)

Md. Anowar Ali, Nagaon (Assam) and Others Vs. The State of Assam, Repr ...

Court : Guwahati

Decided on : Jun-13-2014

..... being in possession of a valid passport or other travel documents or any other lawful authority in this behalf. 21. article 355 of the constitution of india provides that it shall be the duty of the union to protect every state against external aggression and internal disturbance and to ensure that the ..... petition and each writ petition has to be considered on its own merits in accordance with principles governing exercise of powers under article 226 of the constitution of india. if on consideration of the materials on record, the writ court finds that the matter requires to be remanded for a fresh consideration, in ..... and function, it cannot be said that such a person would be left without a remedy. remedy is always available under article 226 of the constitution of india. it is for the writ court to decide whether in a given case order of the tribunal is valid and legally sustainable. if the ..... section 9 of the act of 1946, which is absolutely essential in relation to the nature of inquiry being conducted regarding determination of a persons citizenship where the facts on the basis of which an opinion is to be formed and a decision is taken are entirely within the knowledge of the ..... assam is facing external aggression and internal disturbance on account of large scale influx and illegal migration of bangladeshi 15 nationals. on the other hand, citizenship of a person is a most valuable right which cannot simply be wished away. 29. that the provisions of the imdt act and the imdt .....

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