Court : Mumbai Goa
Decided on : Oct-20-2016
..... being registered. it is, thus, submitted that on and from 21/07/2010, the petitioner has ceased to be an indian citizen as article 5 of the constitution of india does not envisage a dual citizenship. 21. it is submitted that although in para 2 of the reply filed by the petitioner before the competent authority, the petitioner has reserved a right to ..... following reliefs : a) it be declared that the respondent is a portuguese national; b) it be declared that the respondent has voluntarily given up the citizenship of india in terms of article 9 of the constitution of india; c) the name of the respondent be ordered to be deleted from the electoral rolls and from all other records wherein he has been entered as ..... of india and who was born in the territory of india or either of whose parents was born in the territory of india or who has been ordinarily resident in the territory of ..... in this behalf to the effect that he chooses to retain the erstwhile citizenship or nationality i.e. before 20/12/1961. it is nobody's case that the petitioner has given any such declaration. 29. article 5 of the constitution of india provides for citizenship at the commencement of the constitution. according to this article, every person, who has his domicile in the territory .....Tag this Judgment!
Court : Chennai
Decided on : Aug-23-2016
..... an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin. ..... of adjudicatory proceedings. 56. at the time, when discretion is exercised under section 125 and if any challenge is made under article 226 of the constitution of india, the twin test, to be satisfied is "relevance and reason". in the light of the judgments of the hon'ble apex court and applying the ..... to be confiscated. he also imposed penalty. when the said order was tested, by way of a writ petition, under article 226 of the constitution of india and though the revenue, before the writ court contended that the entire gold ought to have been confiscated, taking note of the policy of the ..... provisionally, pending adjudication or after adjudication, and in that context, the role of the courts, in exercise of the powers, under article 226 of the constitution of india, should be confined only to test such satisfaction, arrived at, by the competent authority, with regard to the objects of the customs act, 1962 and ..... the discretion of a judge is the law of tyrants; it is always unknown. it is different in different men. it is casual, and depends upon constitution, temper and passion. in the best it is often times caprice; in the worst it is every vice, folly, and passion to which human nature is .....Tag this Judgment!
Court : Chennai
Decided on : Jul-28-2016
..... origin, if he held an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin. a spouse (not being ..... conclusion of the adjudicating proceedings, may order provisional release. at the time, when discretion is exercised under section 110a and if any challenge is made under article 226 of the constitution of india, the twin test, to be satisfied is "relevance and reason". testing the discretion exercised by the authority, on both subjective and objective satisfaction, as to why, the goods ..... and liable for confiscation, can be released provisionally, pending adjudication, and in that context, the role of the courts, in exercise of the powers, under article 226 of the constitution of india, should be confined only to test such satisfaction, arrived at, by the competent authority, with regard to the objects of the customs act, 1962 and any other law for the ..... (r) implementation of any treaty, agreement or convention with any country; (s) the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in india; (t) prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign state or is derogatory to national prestige; (u) prevention of .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-07-2016
..... . on this ground, the pleadings in the petition are liable to be struck off. 26. it is further submitted that the matter relating to citizenship cannot be construed as pure and simple civil litigation and deprive the constitutional right of a citizen by declaring that he is not an indian citizen by erroneous presumption that non-denial of allegation amounts to acceptance ..... ) and (iv), 33 (4) and (5), 33-a 36, 5(c) and 9-a of the representation of people's act, 1951 and articles 9 and 173 of the constitution of india, by one sri.abraham t.j., petitioner: candidate (party-in-person), challenging of election of the respondent, sri.ashok kheny to the karnataka legislature from no.49, bidar (south) assembly ..... the representation of peoples act,1951 and articles 9 and 173 of the constitution of india. 2. the case of the petitioner in brief is that election relates to 49-bidar south assembly constituency. the respondent having voluntarily accepted the citizenship of united states, he is not a citizen of india and that the respondent having undertaken the work on behalf or for the ..... government of karnataka, the respondent is not entitled but disqualified to contest the election in view of the provisions under articles 9 and 173 of the constitution of india and section 9-a of the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-14-2016
..... he would 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. 30. in the decision reported as 2003 acj 1274 national insurance co. vs brij pal singh, a db of the allahabad ..... to a plaint (or a writ petition) with positive averments of a negative fact, what is expected in a written statement (or counter affidavit) so as to constitute an answer, has been clarified by supreme court in the decision reported as (2003) 1 scc 18 vithal n. shetti vs prakash n. rudrakar it was held ..... these points, the state authorities can verify the facts and can then lead evidence in rebuttal, if necessary. if the state authorities dispute the claim of citizenship by a person and assert that he is a foreigner, it will not only be difficult but almost impossible for them to first lead evidence on the ..... of a particular country. in order to establish one's citizenship, normally he may be required to give evidence of (i) his date of birth (ii) place of birth (iii) name of his parents (iv) ..... and air 2002 sc 2017 ezhil vs state of tamil nadu. 27. in the decision reported as (2005) 5 scc 665 sarbananda sonowal-1 vs union of india, the supreme court held: 26. there is good and sound reason for placing the burden of proof upon the person concerned who asserts to be a citizen .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-2016
..... those mentioned in article 32 (2). we may also add that permanent residents of the state of jammu & kashmir are citizens of india, and that there is no dual citizenship as is contemplated by some other federal constitutions in other parts of the world. all this leads us to conclude that even qua the state of jammu & kashmir, the quasi ..... federal structure of the constitution of india continues, but with the aforesaid differences. it is therefore difficult to accept the argument of shri hansaria that the constitution of india and ..... our constituent assembly this seventeenth day of november, 1956, do hereby adopt, enact and give to ourselves this constitution." it is to be noted that the opening paragraph of the constitution of india, namely 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 has been wholly omitted in ..... the constitution of jammu & kashmir. there is no reference to sovereignty. neither is there any use of the expression .....Tag this Judgment!
Court : Delhi
Decided on : Nov-23-2016
..... declaring, in her application for such certificate, that she is a tibetan national, cannot in the circumstances constitute valid grounds to refuse her a passport.29. the policy decision of the mha not to grant indian citizenship by naturalisation under section 6(1) ca to tibetans who entered india after march 1959 is not relevant in the instant case. having been born in ..... , 1955 (hereinafter referred to as the act ) and to issue indian passports.2. the petitioner was born on 11.5.1987. the petitioner, in this petition, claims citizenship of india on the basis of section 3(1)(a) of the act. w.p.(c) nos. 7035 /2015 page 1 of 11 3. it is contended by the petitioner that the ..... automatically and needs to apply in terms of the decision of the respondent.8. section 3 of the act reads as under:-" 3. citizenship by birth- (1) except as provided in sub- section (2), every person born in india, - (a) (b) on or after the 26th day of january, 1950, but before the 1st day of july, 1987; on or after the ..... happen only in certain contexts one of which is outlined in section 8 which reads as under:-""8. renunciation of citizenship: (1) if any citizen of india of full age and capacity, makes in the prescribed manner a declaration renouncing his indian citizenship, shall be registered by the prescribed authority, and, upon such registration, that person shall cease to be a citizen of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-2016
..... 14 and 21 are available to every person who is subjected to the laws of this country. the six freedoms enumerated under article 19 of the constitution inhere in all the citizens, by virtue of their citizenship without the need for anything further.16. two questions are required to be examined in the context; (i) when a member of a state ..... lok sabha & others, (2007) 3 scc184 examined the constitutionality of the proceedings of the speaker of the lok sabha in exercise of its jurisdiction under article 32 of the constitution of india. therefore, the present petition also is maintainable.10. we shall first deal with the second submission of the petitioners. the question whether a petition under article 32 is maintainable ..... against the petitioner herein, right from commencement of the proceedings by the 2nd respondent herein under rule 226 of the tamil nadu legislative assembly framed under article 208 of constitution of india to the subsequent proceedings carried out by the privilege committee under rule 229 of the rules including the resolution of the house under rule 229(d) dated 19. ..... petitioners versus tamil nadu legislative assembly rep. by its secretary & another respondents judgment chelameswar, j.1. this is a petition filed by six petitioners invoking article 32 of the constitution of india. they are members of the tamil nadu legislative assembly representing different constituencies. by a resolution of the assembly dated 19.02.2015, nineteen members of the assembly, including the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-26-2016
..... of declaration, declaring the tamil nadu establishment of private law colleges (prohibition) act, 2014 (act 13 of 2014) as illegal, unconstitutional and ultra vires the constitution of india. prayer: petition under article 226 of the constitution of india for issuance of a writ of declaration, declaring the tamil nadu establishment of private law colleges (prohibition) act, 2014 (act 13 of 2014) as illegal, unconstitutional ..... requires that congressional enactments be judged by the standards of the constitution. the judiciary has the duty of implementing the constitutional safeguards that protect individual rights. when the government acts to take away the fundamental right of citizenship, the safeguards of the constitution should be examined with special diligence. the provisions of the constitution are not time-worn adages or hollow shibboleths. they are vital ..... requires that congressional enactments be judged by the standards of the constitution. the judiciary has the duty of implementing the constitutional safeguards that protect individual rights. when the government acts to take away the fundamental right of citizenship, the safeguards of the constitution should be examined with special diligence. the provisions of the constitution are not time-worn adages or hollow shibboleths. they are vital .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-10-2016
..... arising from the reallocation of ravi- beas waters are resolved under the act, 1956. (f) declare that section 78(1) of the act, 1966 is ultra vires the constitution of india, and that all acts, deeds and things done pursuant thereto or in consequence thereof including all notifications, agreements, etc. are null and void including the notification dated 24.03 ..... the statutory authorities and this court to consider the said changed circumstances and therefore, the punjab act, 2004 cannot be said to be invalid or ultra vires the constitution of india. he further submitted that in view of the fact that under the provisions of section 14 of the inter-state river water disputes act, 1956 the tribunal has ..... creating checks and balances by providing for a strong and independent judiciary and a well defined constitutional mechanism for resolving conflicts between the executive and legislative authority of the union and those of the states. indians have given to themselves a single constitution and single citizenship. judicial power is exercisable by a single set of courts within their territorial jurisdictions. ..... high courts are final courts at state level with constitutional powers under articles 226 and 227. supreme court is undoubtedly the apex court in the hierarchy .....Tag this Judgment!