Court : Supreme Court of India
Reported in : AIR1971SC1594; (1971)3SCC265; SuppSCR245; 1971(III)LC520(SC)
..... 2) is involved in the present case and even though a good deal of hardship may result to the respondents owing to the change of sovereignty they cannot claim compensation for the simple reason that there has been no transfer of the ownership of their property to the state namely the ..... meaning of clause (2a) will not attract clause (2) and no obligation to pay compensation will arise thereunder.10. cession indisputably involves transference of sovereignty from one sovereign state to another. there is no transference of ownership or right to possession in the properties of the inhabitants of the territory ceded ..... ceded lose their old citizenship and have to submit to a new sovereign whether they like it or not. as the object of cession is sovereignty over the ceded territory all such individuals domiciled thereon as are subjects of the ceding state become ipso facto, by the cession, subjects of the ..... the international law two of the essential attributes of sovereignty are the power to acquire foreign territory as well as the power to cede national territory in favour of foreign state : 3scr250 . hardship is ..... or in law. stress has been laid on the true import of 'cession'. according to all authorities on international law 'cession' is the transfer of sovereignty over the state territory by the owner state to another state' oppenheim's international law vol. 1, 8th edn. at pp. 547, 551. under .....Tag this Judgment!
Court : Orissa
Reported in : AIR1950Ori67
..... j, p. 33)--in this case it was observed. 'but, though hia highness is thus not independent, he exercises as ruler of his state various attributes of sovereignty, including internal sovereignty, which is not derived from british law, but is inherent in the ruling chief of baroda, subject, however, to the suzerainty of his majesty the king of england ..... its successor. the governor general in council is representative in india of the british crown, and as such can exercise under delegated authority the powers incidental to sovereignty with reference both to british india and to neighbouring territories, subjeci to the restrictions imposed by parliamentary legislation and to the control exercised by the crown through ..... chiefs in varjing degrees. some states enjoy a substantial immunity from interference in nearly all functions of internal administration while others are under such control that the native sovereignty is almost completely destroyed. but communities whose rulers ordinarily exercise any, even the smallest degree of internal sovereign authority, are classified in india as native states and ..... the dominion, by instrument of accession dated 16th august 1947, with signification of assent of governor general of india, however, gave the dominion government jurisdiction of external sovereignty with powers to the dominion legislature to make laws on subjects mentioned in the schedule of the instrument namely, defence, external affairs, communication and ancillary matters. whatever .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC1043; 6SCR461
..... from one sovereign to another, conveying the compound idea of surrendering at the same time the lands and the people who inhabit them would be necessarily understood to pass the sovereignty only, and not to interfere with private property." these words of chief justice marshall have been quoted in legal opinions and have influenced international opinion. the question has been ..... of the succeeding sovereign. they recognised that the changes that took place in the constitutional position of the state of charkari and sarila undoubtedly brought in a change in the sovereignty of that territory and hold that the changes thus brought about including the treaties which marked the transition were "acts of state" and that the interpretation or enforcement of ..... state territory becoming part and parcel of the territory of the union of india which meant the complete extinction of their separate existence and individual sovereignty and of their states as separate political units. proceeding next to deal with virendra singh's case(4) a close analysis of the reasoning underlying the decision discloses the ..... is necessary to set out certain matters which are not in controversy. the native indian rulers were undoubtedly sovereign in the territories under their jurisdiction and they parted with their sovereignty in stages, firstly on accession, then on integration and finally by what has been felicitously termed in the white paper on indian states as 'unionization' i.e., by .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1961Guj151; (1961)2GLR343
..... enforcement in the courts of the new sovereign......................... ...the result of the authorities then is that when a treaty is entered into by sovereigns of independent states whereunder sovereignty in territories passes from one to the other, clauses therein providing for the recognition by the new sovereign of the existing rights of the residents of those territories must ..... of sovereign powers to the dominion of india beyond those already surrendered in 1947, namely defence, external affairs and communications. despite the readjustment, the sum total of the sovereignties which had resided in each before the covenant now resided in the whole and its component parts; none of it was lost to the dominion of india'.this constitutional ..... the accession, bose, j. delivering the judgment of the court observed:'broadly speaking, the effect of the accession was to retain to the rulers their full autonomy and sovereignty except on three subjects: defence, external affairs and communications. these were transferred to the central government of the new dominion'.the rulers of charkhari and sarila along with ..... the indian legislature, the indian states possessed internal independence subject to the suzerainty of the british crown and enjoyed and exercised all the function and attributes of internal sovereignty duly recognised by the british crown as the paramount power. the indian states were independent states under the paramountcy of the british crown and they acknowledged the british .....Tag this Judgment!
Court : Mumbai
Reported in : (1961)63BOMLR442
..... court considered the effect of the accession and observed (p. 449) :broadly speaking, the effect of the accession was to retain to the rulers their full autonomy and sovereignty except on three subjects: defence, external affairs and communications. these were transferred to the central government of the new dominion.i must respectfully say that these observations are binding ..... which is perhaps incapable of precise definition but which is usefully employed to indicate the political authority exercised by one state over another and approximating more or less to complete sovereignty (p. 292).96. on india attaining independence and becoming an independent dominion on august 15, 1947, by reason of the indian independence act, 1947, the suzerainty of ..... other earthly authority, may be said to have different aspects. inasmuch as it excludes dependence upon any other authority, and in particular from the authority of another state, sovereignty is independence. it is external independence, with regard to the liberty of action outside its borders in the intercourse with other states which a state enjoys. it is internal ..... he could not have interfered with the executive administration of the state. if he had lost all the exclusive powers under the proclamation before march 21, 1949, full sovereignty of his state could not have been transferred under the agreement. the agreement also indicates the limitations under which the executive council even after the proclamation was functioning and its .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC445; 3SCR970
..... act, 1947 which alone empowered it to prescribe the laws which would prevail in territories other than the provinces of the indian dominion, over which it had assumed sovereignty or administrative control. similarly they had to place the alienation settlement act of junagadh before us. in the absence of this material we cannot consider the argument at all ..... acquisition of territory by a state can mean nothing else then the acquisition of sovereignty over such territory. (see schwarzenberger : international law, 1945, vol. 1, page 79 : charles cheney hyde : international law, 2nd revised edition, vol. i, page 319; oppenheim's international ..... on indian states. 21. learned counsel for the respondents has relied on certain observations made in well-known text-books on international law and has contended that state sovereignty and state jurisdiction are complementary and co-extensive; and a right of property and control exercised by the state is really a right of territorial severeignty and therefore the ..... assumed charge of the administration of junagadh state on november 9, 1947, through the regional commissioner, western india and gujarat states region, there was a complete change-over of sovereignty, the act of state was complete, and the dominion of india became the new sovereign; thereafter, the people of junagadh including the respondents, so the argument proceeded, became .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All97; 1965CriLJ258
..... seeking election to the parliament or the local legislature to take oath which they were not required to do before and to declare that they will uphold the sovereignty and integrity of india.12. the learned advocate general has contended, relying upon dattatraya v. state of bombay : 1952crilj955 ; state of u. p. v ..... accordingly. in other words the idea was to shut out from holding these high offices persons who would not publicly swear to uphold the sovereignty and integrity of india. it is well known that the sixteenth amendment was passed because it was felt that some persons in this country ..... restrictions on the right of freedom of speech and expression, of assembling peacefully without arms and of forming associations and unions in the interest of sovereignty and integrity of india. the effect of sections 3 and 4 is to require candidates for election to parliament or the state legislatures to ..... (c) such other territories as may bo acquired.' these provisions and several others which need not be enumerated here would show that conceptions of sovereignty and integrity of india in the constitution are not new and have not been introduced therein for the first time by the amending act. by ..... for election to the parliament and state legislatures are required to make and subscribe the oath which includes the words 'i will uphold the sovereignty and integrity of india' and some substitutions have been made in order to bring in those words in the oaths or affirmations prescribed for .....Tag this Judgment!
Court : Allahabad
Reported in : (1880)ILR2All1
..... been exercised by the paramount power without control. the prerogative so acquired has not been curtailed by any legislation.42. furthermore, even before the complete acquisition of paramount sovereignty in india, the crown had exercised the prerogative of cession by delegation without any intervention or objection on the part of parliament. by letters patent granted in the 13th ..... sensus veritatis amittitur. the circumstances of india in the 18th century were such that the names of forms of government or (sic) would afford little indication of their actual sovereignty or attributes. 'the conquered rajahs or the appointed subadars, though still professing themselves dependent, had ceased to pay any real obedience or submission to the mughal. in this ..... rampur has been held by them subject indeed to the extraordinary control of the paramount power but otherwise independent.31. the learned counsel for the plaintiff' contended that such sovereignty was inconsistent with the name 'jaghir,' which we have seen was applied to the territory before the cession of rohilkhand, and has since been retained. the etymology of ..... the east india company. the governments established by charter, of which we have had examples in british india, are also instances of the grant by the sovereign of subordinate sovereignty to private persons, and the history of this country under native rule would, we apprehend, furnish precedents establishing the right of the paramount power to elevate subjects to .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1946All306
..... the emperors of hindusthan and insisted on being recognised by the minor kings and chieftains as their overlord or sovereign, though these minor kings enjoyed a considerable amount of internal sovereignty. as the powers of moghul kings declined their hold on these chiefs or chieftains gradually grew weaker and new chiefs or chieftains arose, but in name the kings of delhi ..... in the state, and the regulation of armaments and the strength of military forces. the question whether the indian states can be called sovereign states merely because they exercised internal sovereignty is not free from doubt. it is recognised by some of the text-writers on international law that a state may exist qua state, i.e., retain its 'political personality ..... that case sir henry bargrave deane said that 'suzerainty' was a term applied to certain international relations between two sovereign states whereby one, whilst retaining a more or less limited sovereignty, acknowledged the supremacy of the other; and, in his opinion, that aptly expressed the true status of the gaekwar of baroda and was consistent with the status of a sovereign ..... properly take in this case is that the ruler of kalsia state has, notwithstanding the protection of the british crown, continued to enjoy a full measure of internal and domestic sovereignty except to the particular extent to which it has been admitted that the british crown has imposed and exercised rights restrictive of it. those rights do not include any derogation .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1933All690; 145Ind.Cas.481
..... unionist. there arc, no doubt, several suspicious circumstances against him, but we think that the evidence falls short of establishing that he conspired to deprive his majesty of his sovereignty. the learned judge in dealing with this case has remarked as follows:the case against kadam accused rests, it will have boon seen, largely on association and on the evidence ..... of non-communists with communist members, would not, without cogent evidence, justify an inference that they had all conspired together for the purpose of depriving his majesty of his sovereignty. obviously in the case of such accused persons something more than taking part in non-communist workers and peasants parties and in trade unions or making seditious speeches, would be ..... international was established in british india by a number of communists including the accused dange, shaukat, usmani and muzaffar ahmad who conspired together to deprive the king-emperor of his sovereignty of british india. (5) that the accused spratt and bradley were sent out to india by the communist international, through the medium of one of its branches, for furthering ..... to overawe such government by means of criminal force, or show of criminal force. the accused have not been charged with any such offence. depriving his majesty of the sovereignty of british india would obviously include the severance of the connexion of india with the imperial government in england. it cannot therefore be questioned that any conspiracy to establish the .....Tag this Judgment!