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T.A. Mahomed Usman Vs. State of Madras Represented by Secy. to Govt. o ...

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Articles 5, 11, 14, 19(1), 19(5) and 226; Citizenship Rules, 1956; Citizenship Act, 1955 - Sections 9, 9(1), 9(2), 10 and 18; Foreigners Act, 1946 - Sections 2 and 3

Reported in : AIR1961Mad129; (1960)IIMLJ290

decision of a common question of law as to the validity of certain rules framed under the Indian Citizenship Act, 1955 (Central Act 57 of 1955) and in particular of para 3 of schedule III thereof. The orders whose … are citizens of a country specified in the first schedule. This has to be read in conjunction with Section 11, under, which 'every person who is a citizen of a Commonwealth country specified in the First Schedule shall

R. Venkateshwara Rao Vs. Union of India and Others

Court : Andhra Pradesh

Subject : Constitution

Acts : Citizenships Act, 1955 - Sections 5(1) and 6; Constitution of India - Articles 5 to 11, 12, 51-A and 102(1); Constitution of India (Amendment), 1976

Reported in : 1999(3)ALD407; 1999(3)ALT351

Inthis pro bono publico writ petition, the constitutional validity of Section 5(1)(c) as also Section 6 of the Citizenship Act, 1955 (Central Act 57 of 1955) (hereinafter referred to as 'the Act') is questioned. Consequential declaration sought for is … election or to hold any post including that of Prime Minister of India. His submission is that Article 11 of the Constitution cannot be stretched to grant a citizenship to any foreigner on marriage to an Indian

Fazal Dad Alias Sardar Khan Fateh Ali Vs. the State of M.P.

Court : Madhya Pradesh

Subject : Constitution

Acts : Foreigners Act, 1946 - Sections 2; Foreigners (Amendment) Act, 1957; Citizenship Act, 1955 - Sections 11 and 12; Constitution of India - Article 7; Citizenship Rules, 1956 - Rule 3

Reported in : AIR1964MP272; 1965MPLJ329

'foreigner' in Section 2 (a) of the Foreigners Act, 1946 by the Foreigners Laws (Amendment) Act, 1957. The Citizenship Act, 1955, however, makes a distinction between a Commonwealth citizen and a citizen of India. Under Section 11 of that

Rashtriya Mukti Morcha, Through Its President, Ravinder Kumar Vs. Unio ...

Court : Delhi

Subject : ConstitutionElection

Acts : Representation of People Act, 1951 - Sections 3, 4, 5, 5A, 6, 29A, 99(1) and 100; Citizenship Act - Sections 4, 5, 6, 7A, 7B, 7B and 100; Indian Independence Act, 1947; Government of India Act, 1935; Representation of People Act, 1950; Citizenship Act, 1955; Constitution of India - Articles 2, 5, 6 to 11, 14, 16, 19, 58, 66, 84, 102, 124, 217, 173, 246, 246(1), 326 and 368; Citizenship (Amendment) Act, 1960; ;Citizenship (Amendment) Act, 1985 - Sections 4(1), 6, 6A and 6A(4); Citizenship (Amendment) Act, 1986; Citizenship (Amendment) Act, 2003; Code of Criminal Procedure (CrPC) - Sections 198, 198B and 198(13)

Reported in : 137(2007)DLT195

citizenship in the eyes of the United Kingdom.54. It was, thereforee, contended that pursuant to the enactment of Citizenship Act, 1955 there was no grey area which requires the citizenship to be only in terms of Article 5 of … and thirdly he delved his arguments on interpretation of Article 5, Article 11 and 10th Schedule of the Constitution, various provisions of the Citizenship Act, … elected or appointed to any public office under the Constitution;(iv) the recognition granted by the Election Commission under Section 29A of the Representation of People Act, 1951 is limited by the Constitution to only to such political

Mohd. Ayub Khan Vs. Commissioner of Police, Madras and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Foreigners Act, 1946; Foreigners Law (Amendment) Act, 1957; Citizenship Act, 1955 - Sections 3 to 7, 8, 9, 9(1), 9(2), 10, 18 and 18(1); Citizenship Rules, 1956 - Rules 3, 30 and 30(2); Constitution of India - Articles 1, 5, 6, 7, 8, 9, 10, 11 and 367; ;Constitution (Declaration as to foreign States) Order, 1950

Reported in : AIR1965SC1623; [1965]2SCR884; MANU/SC/0048/1965

registration as a citizen of India. Later he applied to the Central Government under Section 9(2) of the Citizenship Act, 1955 to determine the question whether he continued to remain a citizen of India, and prayed that he may … the provisions of any law that may be made by Parliament, continue to be such citizen. By Art. 11 Parliament is authorised to make provision with respect to the acquisition and termination of citizenship and all other

Hari Shankar JaIn Vs. Sonia Gandhi

Court : Supreme Court of India

Subject : Election

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 6, Rules 2 and 16 - Order 7, Rule 11; Representation of People Act, 1951 - Sections 36(7), 80-A, 82, 82(1), 83, 83(1), 84, 86, 87, 98, 99, 100, 100(1) and (2) and 116-A; Indian Citizenship Act, 1955 - Sections 3, 4, 5, 5(1), 6, 9, 9(1) and (2), 10, 13 and 15; Indian Citizenship (Amended) Act, 1986; Constitution of India - Articles 5 to 10, 11, 84, 102, 173, 327, 328 and 329; Government of Union Territories Act, 1963; Evidence Act, 1872 - Sections 45, 57(1), 84 and 114; Constitution (39th Amendment) Act, 1975; General Clauses Act - Sections 21; Representation of the People Act, 1950 - Sections 16 and 30

Reported in : 2001VIIAD(SC)313; AIR2001SC3689; JT2001(7)SC629; 2001(6)SCALE233; (2001)8SCC233; MANU/SC/0551/2001

both the petitioners admit the respondent having acquired Indian citizenship by registration under Section 5(1)(c) of the Indian Citizenship Act, 1955 on the ground of her having married Shri Rajiv Gandhi, a citizen of India (later Prime Minister of … the respondent, without filing written statement, moved applications under Order 6 Rule 16 read with Order 7 Rule 11 and Section 151 of the CPC supported by affidavit submitting that the respective election petitions did not raise

Ratnabh Pati Tripathi Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

Acts : Indian Citizenship Act, 1955 - Sections 2, 9(2) and 18(2); Citizenship Rules, 1956 - Rule 30; Constitution of India - Articles 5, 8, 10, 11, 226

Reported in : 2001CriLJ1123

the citizenship matter of opposite party No. 5, then he has remedy under Section 9(2) of the Indian Citizenship Act, 1955.17. It has been emphatically asserted on behalf of opposite party No. 5 that he is a citizen of … citizen of the country of Nepal.5. Learned counsel for the petitioner relies upon Articles 5, 8, 10 and 11 of the Constitution of India and he reiterated his contention that oppoiste party No. 5 is a citizen

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 7A, 7B, 7A(1), 7D, 9 and 11; Foreigners Act, 1946 - Sections 2; Citizenship Rules, 1956 - Rules 20(1), 21 and 25E; Illegal Migrants (Determination by Tribunals) Act; Foreigners (Tribunal) Order, 1964; Punjab Gram Panchayat Act (1952) - Sections 3 and 4; Constitution of India - Articles 9, 14, 19, 21, 22(1), 22(2) and 226; Custom House Agent Licence Regulations, 2004 - Regulations 20(1), 20(2) and 22; Citizenship (Amendment) Act, 2003; Citizenship (Amendment) Act, 2004

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

Sticker No. U-020250 dated 18th May, 2006 to the petitioner under the provisions of Section 7A(1) of the Citizenship Act, 1955, which was cancelled in public interest under the provisions of Section 7D(e) of the Citizenship Act vide order … Foreigners Act, 1946 defines a 'foreigner' to mean a person who is not a citizen of India. Under Section 11 of the said Act, any authority empowered by or under the provisions of the Act could issue any

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

regard, in particular, being had to the phraseology of Article 4 (2) read with Article 368 (1); 10 Citizenship Act 1955; Section 6A(4) 11 Citizenship Act 1955; Section 6A(5) 12 WP (C) 562 of 2012; WP (C) 274 of 2009;

izhar Ahmad Khan Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 5 to 11, 19, 19(1), 32 and 226; Citizenship Act, 1955 - Sections 9(2), 18 and 30(1); Citizenship Rules, 1956 - Rules 3, 4, 5 and 30; Foreigners Act, 1946 - Sections 3(2); Government of India Act, 1935; Evidence Act, 1872 - Sections 4; Common Law; Central Provinces and Berar Act, 1938

Reported in : AIR1962SC1052; [1962]Supp3SCR235

our decision the same constitutional questions. In all the petitions, the constitutional validity of Section 9(2) of the Citizenship Act, 1955, (Act LVII of 1955) (hereinafter called the Act) and of Rule 3 in Schedule III of the Citizenship … was held under s. 9(2) after serving a notice about the said enquiry on the petitioner. On September 11, 1961, the Central Government recorded its conclusion that the petitioner had voluntarily acquired the citizenship of Pakistan after