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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2018 Page 1 of about 42 results (0.033 seconds)

Mar 06 2018 (HC)

dr.navtej Singh vs.state of Nct & Anr.

Court : Delhi

Decided on : Mar-06-2018

..... s.a., neither of them can be deemed to be indian citizens under the citizenship act. both the petitioner and respondent no.2 renounced their citizenship of india upon acquiring american citizenship. in this regard, we may refer to article 9 of the constitution of india, which reads: ?9. persons voluntarily acquiring citizenship of a foreign state not to be citizens. no person shall be a citizen ..... the court which has the closest concern and most intimate contact, and which may have passed such orders. this court, while exercising its jurisdiction under article 226 of the constitution of india and dealing with a writ of habeas corpus, does not function as an executing court, to enforce such like orders of a foreign court. this court would independently examine ..... 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 citizenship of any foreign state.? 54 .....

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Jul 20 2018 (HC)

Mohammad Abdul Moyeed vs.union of India & Ors

Court : Delhi

Decided on : Jul-20-2018

..... , though the petitioner, to begin with, was an indian national and upon migration to canada, gave up his indian citizenship, would also be entitled to invoke the provisions of article 21 of constitution of india on the ground that his personal liberty was fettered by denying him entry in the country, as that, in effect, prevented him from interfacing and mingling with members ..... this court in sterling agro industries ltd. cannot advance the cause of the respondents. w.p.(c) no.10587/2016 page 11 of 20 issue no.(ii) 14. the constitution of india makes it clear that certain fundamental rights provided in part iii are available only to the citizens of this country. articles 15, 16 and 19 fall in this category, while ..... means of fraud, false representation or the concealment of any material fact; or (b) the overseas citizen of india cardholder has shown disaffection towards the constitution of india, as by law established; or (c) the overseas citizen of india cardholder has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any ..... person. w.p.(c) no.10587/2016 page 16 of 20 deny a foreign national's request to enter india, the decision of the state can be tested on the anvil of article 21 and 14 of the constitution by courts in india. this is more so where the foreigner is a person of indian origin who has been given certain rights which .....

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Aug 24 2018 (HC)

Mohit Sharma vs.union of India

Court : Delhi

Decided on : Aug-24-2018

..... any time held an indian passport, or who or either of his/her parent or any of his/her grandparent was a citizen of india by virtue of provisions of the constitution of india or section 2 (b) of citizenship act,1955 (act no.57 of 1955). applicants are to provide documentary evidence towards proof of indian nationality or indian origin. required persons of ..... pakistan and bangladesh) but at any time held an indian passport, or either of his/her parent or any of his/her grandparent was a citizen of india by virtue of provisions of the constitution of india or section 2(b) of the citizenship act, 1955 (act no.57 of 1955). there is no stipulation that the pio should not be a resident of ..... india.11. in view of the above, this court is unable to accept that the spdc scheme, as published was only applicable to the persons residing outside india.12. this court ..... india origin (pios) applicants are expected to submit proof of indian origin, preferably a valid pio card or oci card issued by the government of india. those who cannot .....

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Jul 18 2018 (HC)

Kasha Elizabeth Vande vs.ministry of Home Affairs and Ors.

Court : Delhi

Decided on : Jul-18-2018

..... , the petitioners could have produced some relevant material in support of their claim of acquisition of citizenship, which they failed to do in the absence of a notice. 19. it is also well settled that court will exercise powers under article 226 of the constitution of india only where the petitioner is able to establish a legal right. in calcutta gas company (proprietary ..... hans muller of nurenburg v. superintendent, presidency jail, calcutta and ors. manu/sc/0074/19 1955crilj876 that the power of the government in india to expel foreigners is absolute and unlimited and there is no provision in the constitution fettering this discretion. it was pointed out that the legal position on this aspect is not uniform in all the countries but so ..... rights conferred on the citizens of the country. article 19(1)(d) and 19(1)(e) of the constitution of india guarantee the citizens of this country, a right to move freely throughout the territory of india and to reside and settle in any part of india. this right is not granted to any foreigner and, thus, a foreigner cannot claim any such right ..... vests the central government with absolute and unfettered discretion and, as there is no provision fettering this discretion in the constitution, an unrestricted right to expel remains.18. in louis de raedt v. union of india : (1991) 3 scc554 the supreme court held as under: 13. the next point taken on behalf of the petitioners, that the foreigners also enjoy some fundamental .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

..... provided for adult franchise to every adult citizens. election commission of india had taken steps to provide for an identity 4 card to each person to enable him ..... to exercise his franchise. the citizenship act, 1955 was amended by the act 6 of 2004 whereas section ..... , 2016.4. india is a country, which caters a sea of population. when the british left our country in 1947, total population of the country was only 330 million, which has rapidly increased into enormous figure of 1.3 billion as on date. the citizenship act, 1955 was enacted by the parliament for the acquisition and determination of indian citizenship. our constitutional framers have .....

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Jan 12 2018 (HC)

Union of India & Anr vs.satnam Singh

Court : Delhi

Decided on : Jan-12-2018

..... that is undertaken in this behalf, ought to be comprehensive and effective enough to check indirect devices to carry on such movements, such as the burning of the constitution of india or the refusal to take the oath of allegiance, or the raising of flags in any way simulating the flag of a foreign state with a view to ..... the writ petitioners/applicants disowned their country and placed themselves in situations of voluntarily foreswearing india. learned counsel highlighted article 191(1)(d) of the constitution which disqualifies anyone from being member of legislative council of a state if he or she voluntarily acquires citizenship of a foreign state or acknowledges allegiance to a foreign state. it is contended that ..... .7. it is submitted that the decision in satwant singh sawhney v. d. ramarathnam, assistant passport officer, government of india, new delhi & ors. air1967sc1836and maneka gandhi v. union of india air1978sc597cannot be considered as authorities for what constitutes acts prejudicial to the sovereignty and integrity of the country. particular objection was taken to the observations of the learned single ..... the narrow interpretation placed upon the expression act prejudicial to the sovereignty and integrity of india is contrary to the plain .....

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Sep 28 2018 (HC)

Ms. Stadtmueller Gabriele (German National) vs.union of India and Ors.

Court : Delhi

Decided on : Sep-28-2018

..... good character (clause (e) of the third schedule of the citizenship act).26. it is also important to understand that as an alien, the petitioner is not entitled to the fundamental rights other than article 21 and to a limited extent article 14 of the constitution of india guaranteed to a citizen of india. indisputably, the petitioner does not have any inherent right to ..... reside in india or to be accepted as the citizen of this country. accepting an application for naturalisation by the central government is a ..... of the district collector & state government are an important document/input to consider the application of a person seeking indian citizenship. no foreigner has a right to be granted indian nationality simply on the basis of his/her continuous stay in india or supposed good behavior. the competent authority has to see whether the applicant foreigner would make a good, law- ..... national. her parents are also german citizens. the petitioner was born in germany and had, admittedly, come to india in connection with a business relating to indian handicrafts. she may have spent a considerable time in india, but a refusal to grant her citizenship by naturalisation does not render her stateless as contended on her behalf.38. in view of the above, .....

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Sep 06 2018 (SC)

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court : Supreme Court of India

Decided on : Sep-06-2018

..... sex.133 58 to deny the members of the lgbt community the full expression of the right to sexual orientation is to deprive them of their entitlement to full citizenship under the constitution. the denial of the right to sexual orientation is also a denial of the right to privacy. the application of section 377 causes a deprivation of the fundamental ..... the lack of safe spaces. this results in a denial of the self. identities are obliterated, denying the entitlement to equal participation and dignity under the constitution. section 377 deprives them of an equal citizenship. referring to the effect of foucault s panopticon in 113 writ petition (criminal) no.76 of 2016. 114 written submission on behalf of the voices against ..... that we can do by saying, as i propose to say in this case, that lesbians, gays, bisexuals and transgenders have a constitutional right to equal citizenship in all its manifestations. sexual orientation is recognised and protected by the constitution. section 377 of the penal code is unconstitutional in so far as it penalises a consensual relationship between adults of the same gender ..... years after the law was made, india gained her liberation from a colonial past. but macaulay s legacy - the offence under section 377 of the penal code - has continued to exist for nearly sixty eight years after we gave ourselves a liberal constitution. gays and lesbians, transgenders and bisexuals continue to be denied a truly equal citizenship seven decades after independence. the .....

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Sep 27 2018 (SC)

Joseph Shine Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-27-2018

..... to majoritarian governments to prescribe what shall be orthodox in matters concerning social morality. the fundamental rights chapter is like the north star in the universe of constitutionalism in india. constitutional morality always trumps any imposition of a particular view of social morality by shifting and different majoritarian regimes. (emphasis supplied) 55 section 497 seeks the preservation of a ..... the subordination of a disadvantaged group of individuals.107 the disadvantage must be addressed not by treating a woman as weak but by construing her entitlement to an equal citizenship. the former legitimizes patronising attitudes towards women. the latter links true equality to the realisation of dignity. the focus of such an approach is not simply on equal ..... the protection of the sanctity of marriage. in the context of a constitutional vision characterized by the struggle to break through the shackles of gender stereotypes and guarantee an equal citizenship, section 497 entrenches stereotypes and existing structures of discrimination and has no place in a constitutional order. f.1 the entrapping cage 47 section 497 exempts a woman ..... meaning. true to its transformative vision, the text of the constitution has, time and again, been interpreted to challenge hegemonic structures of power and secure the values of 73 part h dignity and equality for its citizens. one of the most significant of the battles for equal citizenship in the country has been fought by women. feminists have .....

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Feb 16 2018 (SC)

Lok Prahari, Through Its General Secretary s.n. Shukla Vs. Union of In ...

Court : Supreme Court of India

Decided on : Feb-16-2018

..... of the state, to disclose information regarding the above- mentioned factors, election commission in exercise of its power under article 324 of the constitution of india is required to call upon the candidates to furnish the necessary information. this court directed disclosure of various facts including information regarding the assets ..... election commission is directed to call for information on affidavit by issuing necessary order in exercise of its power under article 324 of the constitution of india from each candidate seeking election to parliament or a state legislature as a necessary part of his nomination paper, furnishing therein, information on ..... 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 ..... 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 is under any acknowledgement of allegiance or adherence to a foreign state; (e) if he is so disqualified by or ..... to vote, the right to contest and the limitations on such rights. such norms vary with reference to each of these offices or bodies. citizenship of the country is a default condition3 either for voting or contesting an election to any one of the abovementioned bodies. 2 article 324. superintendence .....

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