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Aug 17 2005

Kirandeep Kaur Vs. Regional Passport Office and ors.

Court : Delhi

Decided on : Aug-17-2005

Subject : CivilConstitution

Acts : Citizenship Act, 1955 - Sections 3, 5 and 13; Constitution of India - Article 5

Reported in : AIR2006Delhi2; 123(2005)DLT143; 2005(84)DRJ157

she had not attained the age of majority.4. Counsel for the Petitioner relies on Section 3 of the Citizenship Act, 1955 which prescribes that every person born in India on or after 26.1.1950 but before 1.7.1987 shall be a

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Jul 12 2005

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jul-12-2005

Subject : Constitution

Acts : Constitution of India - Articles 1, 13, 14, 19(1), 21, 29(1), 32, 51A, 213 and 355; Illegal Migrants (Determination by Tribunals) Act, 1983 - Sections 3(1), 3(2), 3(3), 3(8), 3(9), 4, 5, 7, 8, 8(1), 8(2), 8A, 8A(1), 8A(2), 11(1), 12, 15, 20, 21, 21A, 25 and 28; Illegal Migrants (Determination by Tribunals) Rules, 1984 - Rule 2, 3 to 8, 9, 10, 10A, 10B, 13 and 14 to 19; Citizenship Act, 1955 - Sections 6A, 6A(1), 6A(3), 6A(6), 6A(7), 9 and 18; Citizenship (Amendment) Act, 1985; Passports Act, 1967; Evidence Act, 1872 - Sections 101 and 106; Code of Civil Procedure (CPC) ; Immigration Act, 1971; Customs Act - Sections 167(8); Illegal Migrants (Determination by Tribunals) Ordinance, 1983; Passport (Entry into India) Act, 1920; Immigrants (Expulsion from Assam) Act, 1950 - Sections 2; I

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

deleted from the electoral rolls and they will be deported from India. In pursuance of this provision, the Citizenship Act, 1955 was amended by Act No. 65 of 1985 and Section 6A was inserted with the heading 'Special Provisions … 18 and decide the question in conformity with the opinion received on such reference.(4) A person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till

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Feb 05 1965

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

Court : Supreme Court of India

Decided on : Feb-05-1965

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 … order, dated May 7, 1958 rejected the application of the appellant under section 9 of the Citizenship Act. 3. In support of his petition before the High Court for issue of a writ of mandamus, the appellant

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Jul 24 1963

State Vs. Ghoraishi (Qureshi) Sayed Mohomed

Court : Mumbai

Decided on : Jul-24-1963

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 3, 3(2), 9 and 9(2); Foreigners Act, 1946 - Sections 14; Citizenship Rules, 1956 - Rule 30; Constitution of India - Article 5; Foreigners' Order, 1948; Registration of Foreigners Rule, 1939; Code of Criminal Procedure (CrPC) , 1908 - Sections 342;

Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278

In support of the view which he took ho relied on the provisions of Section 9 of the Citizenship Act, 1955, and the rules framed thereunder. As I will presently point out, the question as to whether any decision … have been prescribed under the provisions of Section 9 of the Citizenship Act and the rules framed thereunder. Section 3 of the Citizenship Act provides that every person born in India on or after 26th January, 1950, shall

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Jul 21 1958

Aslam Khan Vs. Fazal Haque Khan and ors.

Court : Allahabad

Decided on : Jul-21-1958

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 5(1) and 5(3); Constitution of India - Articles 5 and 7

Reported in : AIR1959All79

It was further pleaded that, even if the case of the appellant fell under Section 5(1)(a) of the Citizenship Act, 1955, Section 5(3) of that Act applied to him.The reason for these contentions by the two parties is that a

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Oct 05 1990

Mrs. Jacqueline Chandani Vs. Deputy Director, Enforcement Directorate, ...

Court : Karnataka

Decided on : Oct-05-1990

Subject : FERACriminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 1(3), 2, 8(1), 14, 19(1), 33(2) and 52; Foreign Exchange Regulation Act, 1947; General Clauses Act, 1897 - Sections 21; Constitution of India - Articles 5 to 10 and 226; Foreigners Act, 1946; Citizenship Act, 1955 - Sections 3 to 6

Reported in : AIR1991Kant194; 1991CriLJ1408; 1991(32)ECC332

India and that she cannot be treated as a citizen of India even under the provisions of the Citizenship Act, 1955 and the Rules made thereunder.4. The Assistant Director, Enforcement Directorate, Bangalore, searched the premises of M/s. System Manufacturing … into force on 1-1-1974 vide Notification No. S.O.3043 dated 27-10-1973 by notification in the Official Gazette of India.22. Section 2 of the Act deals with the definitions and S. 2(p) of the Act defines 'person resident in … as the residential premises of the husband of the petitioner at No. 385, Rajmahal Vilas Extension, Bangalore-80, on 10-9-1981. At the time of the search,

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Sep 12 1961

State Vs. Abdul Suttar Haji Ibrahim Patel

Court : Gujarat

Decided on : Sep-12-1961

Subject : CriminalConstitution

Acts : Foreigners Act, 1946 - Sections 2, 9 and 14; Foreigners Order, 1948; Constitution of India - Articles 5, 7, 9 and 10; Citizenship Act, 1955 - Sections 3, 5, 8, 9(2) and 10; Evidence Act, 1872 - Sections 74

Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073

terms subject to the provisions of the Citizenship Act of 1955 Sub-section (i) of Section 9 of the Citizenship Act, 1955 provides that--'If any question arises as to whether, when or how any person has acquired the citizenship of … was that having entered into India at Ahmedabad on 13-10-57 under the authority of Pakistani Pass-port bearing No. 351544 dated 11-8-55 and 'C' Visa bearing No. 22144 dated 5-10-1957 and having obtained Residential Permit No. 322/57 from

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Sep 12 2001

Hari Shankar JaIn Vs. Sonia Gandhi

Court : Supreme Court of India

Decided on : Sep-12-2001

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 … Act to provide for the acquisition and determination of Indian citizenship. Acquisition of citizenship can be by birth (Section 3), by descent (Section 4), by registration (Section 5) and by naturalisation (Section 6). Clause (c) of sub-section (1)

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Nov 17 1959

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

Court : Chennai

Decided on : Nov-17-1959

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 … citizen of India, and this was rejected by the Collector on 5-7-1957, who thereafter, passed an order under Section 3 of the Foreigners Act on 16-7-1957 directing the petitioner to leave India within a month from its receipt.

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Apr 23 1958

State Vs. Sharifbhai Jamalbhai

Court : Mumbai

Decided on : Apr-23-1958

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 9(2), 18 and 18(2); Citizenship Rules, 1956 - Rules 3, 30, 30(1) and 30(2); Constituion of India - Articles 5, 6, 7, 19 and 19(1); Foreigners Order, 1948; Foreigner Act, 1946 - Sections 14

Reported in : AIR1959Bom192; (1958)60BOMLR1186; 1959CriLJ577; ILR1958Bom1422

rule of evidence framed by Government under rule-making power conferred upon the Government by Section 18 of the Citizenship Act, 1955, read with Rule 30, Sub-rule (2) of the Citizenship Rules, 1956. Section 18, Sub-section (2), Clause (h) of … is a reference made by the learned Sessions Judge of Baroda and it raises a question whether clause 3, schedule III of the Citizenship Rules, 1956, is ultra vires Article 19 of the Constitution. The reference arises

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