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Razia Begum and ors. Vs. State and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482; Citizenship Act, 1955 - Sections 3 and 3(2); Citizenship (Amendment) Act, 2003; Foreign National Act, 1946; Evidence Act, 1872 - Sections 106

Reported in : 152(2008)DLT630

of July, 1987;(b) On or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth;(c) On or … claim Indian citizenship on the ground that one of their parents is a foreign national. In this regard, Section 3 of Citizenship Act, 1955 is reproduced below:Citizenship by birth-(1) Except as provided in Sub-section (2), every person born

Jan Balaz Vs. Anand Municipality and 6 ors.

Court : Gujarat

Subject : ConstitutionFamily

Acts : ART (Regulation) Bill and Rules, 2008; Citizenship (Amendment) Act, 2003; Citizenship Act, 1955 - Sections 3 and 3(1); Constitution of India - Article 21; Guardian Wards Act, 1890; Evidence Act; Passport Act, 1967 - Sections 4(2), 6 and 6(2); Registration of Birth and Deaths Act, 1969; Uniform Parentage Act

Reported in : AIR2010Guj21

in sub-section (2), every person born in India, --(a) ...(b) ...(c) on or after the commencement of the Citizenship (Amendment) Act, 2003, where --(i) ......(ii) one of whose parents is a citizen of India and the other is not an … children born out of surrogacy, though in India, cannot be treated as Indian citizens within the meaning of Section 3 of the Citizenship Act, 1955. Further it is also stated that parents of the children are not Indian

Karma Hozer Rabten Vs. Union of India, Represented by the Secretary, M ...

Court : Sikkim

Subject : Education

July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India the time of his birth; 12. In the … be dismissed. 8. It was vehemently argued by the Learned Counsel for the Petitioner that in terms of Section 3(1)(a) of the Act there is no necessity for the Petitioner to take any further steps besides those

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

of his parents is a citizen of India at the time of his birth. 88. Then came the Citizenship Amendment Act, 2003 which also introduced the concept of overseas citizenship. By the said amending Act in 2003 the Parliament in … only indicate that those Indian citizens who are holding status of Indian citizenship under the Constitution or under Section 3 of the Citizenship Act have the right to participate in the political arena of the State. 30. It

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

and the provisions such as Section 7D were inserted therein. The Statement of Objects and Reasons of the Amendment Act 6 of 2004 mentions that it was intended to grant dual citizenship to persons of Indian origin belonging … it cannot be forgotten that the Citizenship Act, 1955 was amended in 2003, and the provisions such as Section 7D were inserted therein. The Statement … any opportunity of hearing or observance of principles of natural justice before issue of a declaration either under Section 3 or Section 4 of the Act, the residents of the area cannot insist for giving an opportunity of

Dr Christo Thomas Philip vs.union of India & Ors

Court : Delhi

Subject : Education

19. The provisions relating to Overseas Citizenship of India were introduced in the Citizenship Act, 1955 by the Citizenship (Amendment) Act, 2003 (Act No.6 of 2004). The said provisions came into effect from 03.12.2004. Section 7A of the Citizenship Act, … the petitioner in respect of the aforesaid allegation and, thus, are liable to be set aside. Factual Background 3. The petitioner was born in district Panthanamthitta, Kerala in the year 1982 and completed his primary schooling in

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

could be registered as citizens under Section 5(1)(a) of the Citizenship Act before it was amended by the Citizenship (Amendment) Act 2003 to exclude ‘illegal immigrants’. Thus, the claim of the petitioner that Section 6A is unconstitutional because instead of … 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

Ms. Yangchen Drakmargyapon vs Union of India Through Its Secretary, Mi ...

Court : Delhi

Subject : Land Acquisition

of July, 1987;(b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his … of India or any other appropriate writ recognising the Citizenship of India of the Petitioner in view of section 3(1) (a) of the Indian Citizenship Act, 1955.”2. The petitioner claims to be a Tibetan refugee by descent, born

Tenzin Tselha vs.union of India 0& Ors

Court : Delhi

Subject : Land Acquisition

July, 1987; on or after the 1st day of July , 1947, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth; (c) on … and born in India on or after 26.01.1950 and before 01.07.1987, as citizens of India in view of Section 3(1) (a) of the Citizenship Act, 1955 (hereinafter referred to as ‘the Act’) and to issue Indian passports.2. The

Sonam Lhanzom vs.union of India and Ors.

Court : Delhi

Subject : Land Acquisition

July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his … 1021/2018 Page 3 of 6 as “1955 Act”), on which reliance is placed by the petitioner; these being Section 3(1)(a) and (b) of the 1955 Act, which read as follows: Citizenship by birth.-. (1) Except as provided in