Judgment Search Results Home > Cases Phrase: citizenship act 1955 section 10 deprivation of citizenship Page 1 of about 343 results (0.091 seconds)

State Vs. Abdul Suttar Haji Ibrahim Patel

Court : Gujarat

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

..... 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 another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf'.but the questions whether a person has renounced his citizenship under section 8 of the citizenship act and whether a person has been deprived of his citizenship under section 10 of the citizenship act, 1955, are matters to which section 9(2) of the citizenship act does not apply ..... it is a debatable point whether section 9(2) of the citizenship act, 1955, prohibits the use in a court as evidence, of the fact that a person voluntarily acquired the citizenship of another country, as, a relevant fact when the question before the court, is not whether, when or how a person had voluntarily acquired the citizenship of another country. ..... this section also doesnot prohibit the use in court of the fact that theproper, authority namely the central governmenthas determined under section 9(2) of the citizenship act,'1955 that the accused has not voluntarily acquiredthe citizenship of another country between 26-1-50 and 13-10-1957. .....

Dr. Subramanian Swamy Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 120(2005)DLT274; 2005(82)DRJ50

..... petitioner has alleged in the petition that within the meaning of section 10 of the citizenship act, 1955, it is the duty of the central government to investigate the matter and it mandates the home ministry, to deprive the indian citizenship, if a person is found guilty. ..... the petitioner's request to initiate action under section 10(1) of the citizenship act, 1955 is not required to be entertained by the ..... is required to be noted that when an order is made by a competent authority granting a certificate of citizenship under section 5(1)(c), it is always open to challenge by preferring a revision petition under section 15 of the citizenship act, 1955. ..... is contended that respondent no.5 acquired citizenship on or about 30.4.1983 under section 5(1)(c) of the citizenship act, 1955. ..... citizenship act, 1955 came to be enacted by parliament to provide for the acquisition and determination of indian citizenship. ..... was for the petitioner to challenge the order made by the competent authority under the citizenship act, 1955. ..... gandhi : air2001sc3689 in para 29 pointed out as under:-'it must be held that respondent by virtue of the certificate granted to her under section 5(1)(c) of the citizenship act, which certificate has not been cancelled, withdrawn or annulled till date, is 'a citizen of india'. ..... under the provisions contained in the citizenship act, 1955.2. ..... a person registered under section 5 of the citizenship act shall be a citizen of india by registration as from the date on which he was .....

Nasir Ahmed Vs. the Chief Commissioner, Delhi and anr.

Court : Punjab and Haryana

Reported in : AIR1959P& H261

..... the central government may in certain circumstances deprive a citizen of his citizenship (section 10).in case of doubt the central government may certify that a person with respect to whose citizenship a doubt exists has prima facie satisfied the government that, the person concerned is a citizen of india under the constitution or under the citizenship act, 1955 and is recognised as such. ..... for these reasons, i hold that the authorities under the foreigners act, 1946, had no power and jurisdiction to order the deportation of the petitioner, his wife and his child to pakistan without the previous decision of the central government under section 9(2) of the citizenship act 1955 that the petitioner and his family members had lost the citizenship of india on the ground that they had acquired citizenship of pakistan.17. ..... 7 of the constitution the petitioner and his family members should be deemed not to be citizens of india nor is its case that the petitioner's citizenship had been terminated by the central government after proceedings had been taken in accordance with rule 30 read with schedule ill made under the citizenship act of 1955.the delhi state, however, has given certain facts in the written statement filed in this court relating to the petitioner's visits to pakistan and ..... the learned counsel for the respondent has relied on the foreigners act 1946 and the citizenship act, 1955 as relevant for the purposes of the present discussion. .....

Aslam Khan Vs. Fazal Haque Khan and ors.

Court : Allahabad

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 person covered by the provisions of section 5(l)(a) of the act can obtain registration from the collector of a district, whereas the persons, whose cases fall under section 5(l)(c) or section 5(3) of the citizenship act, 1955, can obtain registration only from the central government. ..... no doubt, the citizenship act 1955, contains provisions in sections 8, 9 and 10 for renunciation, deprivation and termination of citizenship but those provisions could not apply to the case of the appellant who had never been an indian citizen before is registration on 31-8-1956. ..... admittedly, the appellant was born long before that date and, consequently, sections 3 and 4 of the citizenship act, 1955, cannot possibly apply to him.the appellant could in these circumstances, acquirecitizenship only by registration under section 5 of the citizenship act, 1955, or by naturalisation under section 6 of that act.the case of the appellant is that he acquired indian citizenship by registration under section 5(1)(a) of the citizenship act, 1955. .....

S. Nalini Srikaran Vs. Union of India (Uoi), Rep. by Its Ministry of E ...

Court : Chennai

Reported in : AIR2007Mad187; (2007)2MLJ831

..... the appellant's daughter had voluntarily obtained a passport in sri lanka claiming herself to be a sri lankan citizen, schedule iii, rule 3 of the citizenship rules, 1956 presumes that she has voluntarily acquired sri lankan citizenship and in the absence of any application for determination of her citizenship under section 9 of the citizenship act, 1955 read with rule 30 of the citizenship rules, 1956, there is no cause of action for the appellant to approach this court seeking any relief. ..... not be deemed to be a foreigner even under the foreigners laws (amendment) act 1957 because the question of renunciation of a citizenship would have to be decided by the central government, as a tribunal under section 9(2) of the citizenship act of 1955, which would have the exclusive jurisdiction to determine that question. ..... pakistan for his overstay in india, could not possibly have the effect of depriving him of his citizenship. ..... similarly, the challenge to section 9(2) of the act on the ground that it enabled the rule-making authority to make a rule to deprive the citizenship rights of citizens was ..... hardly 16 years of age when he applied for the passport in pakistan his declaration could not be said to be of such a binding nature as to deprive him of his rights as a national of india. ..... where a child is illegally deprived of some or all of the elements of his or her identity, states parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or .....

Aisha Malik Vs. Union Of India

Court : Karnataka

..... a period of sixty days from the date of its receipt along with a report as to whether the applicant (a) satisfies all the conditions laid down in the relevant clauses of section 5 or section; (b) has an intention to make india his permanent home; (c) has signed the oath of allegiance as specified in the second schedule to the citizenship act, 1955; and (d) is of good character and is a fit and proper person to be registered or naturalized as the case may be, as a citizen of india. ..... as per the process laid down for registration of a child under section 4(1) of the citizenship act, 1955, consulate general of india, dubai, will consider the request for grant of passport to master ahmed assad liaquat saeed malik and miss aisha malik, minor ..... in terms of rule 11 of the citizenship rules, 2009 (at annexure-i), an application for registration under section 5 or naturalization under section 6 of the citizenship act, 1955 may be submitted by eligible foreigners to the collector within whose jurisdiction the applicant is ordinarily resident and on the receipt of the application, the ..... your good offices that any further delay in granting citizenship to my minor children shall impair their future and my minor children shall be deprived of right to life as conferred under article 21 ..... has renounced, or has been deprived of, his indian citizenship or whose indian citizenship has terminated, under this act shall be registered as a citizen of india under sub-section (1) except by order of the .....

State of Jammu and Kashmir, Vs. Dr. Susheela Sawhney and State of Jamm ...

Court : Jammu and Kashmir

Reported in : AIR2003J& K83,2003(1)JKJ35

..... as articles 10 and 11 of the constitution of india have been extended to the state of j & k, the citizenship act, 1955 extends to the state.27 section 7 of the state constitution provides that all references in any existing law to 'hereditary state subject' or to the 'state subject of the class i or of class-ii or of class-ill shall be construed as references to 'permanent residents' of the state.28 ..... rubeena nassarullaha vs state, the writ petitioner has challenged the action of the state where by she has been deprived of her right to persue her education in the state only on the ground that she has married a non-permanent resident of the state.12 ..... the fact that a person, who has been granted a certificate by the competent authority that he is a subject of the jammu and kashmir state, but is staying in a portion of the state which is in occupation of pakistan cannot deprive him of his status as a 'subject of the state' unless, it be shown that he has permanently migrated to pakistan.26. ..... . an argument was sought to be put across that if the intention of note iii is to deprive a female of her status of state subject and not to deprive a male of this status, then this would be violative of right of equality as enshrined in article 14 of the constitution of ..... when this is missing in note iii, then can it be said that the progressive rulers who were conscious to protect the rights of the state subjects wanted to deprive only a female state subject and protect only male state subjects .....

Firoz MeharuddIn Vs. Sub-divisional Officer and ors.

Court : Madhya Pradesh

Reported in : AIR1961MP110; 1961CriLJ516

..... therefore not 'foreigners' within the meaning of the act because- (a) they have never lost their indian citizenship in any manner provided by law, (b) they have not acquired the citizenship at pakistan and consequently their indian citizenship is not terminated under section 9 of the citizenship act, 1955, and (c) that even if a question arose whether they had acquired the citizenship of pakistan, the method and manner of determining such a question as provided by section 9(2) of the citizenship act,1955, and the rules made -thereunder had not been ..... of the manners provided in the citizen-ship act, and as in the cases before us they are being deprived of their citizenship on the ground of their having acquired the citizenship of pakistan, their cases fall under section 9 of the citizenship act and, therefore, the procedure prescribed in subsection (2) of section 9 of that act must be followed.41. ..... it is further contended that such a peron can only be deprived of his citizenship in one. ..... he, therefore, on the basis of these reasons, held that article 7 should be taken to include a reference to migration subsequent to the commencement of the constitution involving deprivation of his status as if it had never been conferred upon him. ..... it also provides for its renunciation, termination and deprivation. .....

In Re: Abdul Khader

Court : Andhra Pradesh

Reported in : AIR1959AP241; 1959CriLJ561

..... but having regard to article 11 itself, and the passing of the citizenship act by the parliament in 1955, the zealous way in which the deprivation of citizenship of an indian national is guarded is made more, than evident. ..... rule 30 framed under the citizenship act is as follows:--'authority to determine acquisition of citizenship of another country- (1) if any question arises as to whether, when or how any person has acquired the citizenship of another country the authority to determine such question shall, for the purposes of section 9(2), be the central government. ..... sections 9 and 10 of the citizenship act (act no. ..... ' while thus these rules contemplate the central government as the authority for determining the question arising under section 9(2) of the citizenship act clause 4 of schedule iii of the rules framed under the said act, takes within its ambit the case of a migrated person as also one to be determined under the powers conferred under section 9(2) and specifies that the permanency of residence and the intention of the migrant as considerations to be taken account of.it should therefore be not improper to lay .....

Ramesh Chennamaneni Vs. Aadi Sreenivas and ors

Court : Andhra Pradesh

..... the citizenship act, 1955 provides for the procedure for citizenship by registration under section 5 and stipulated the procedure for deprivation of such citizenship under section 10. ..... as this court is seized of the matter, the government of india was unable to proceed further and sought for leave of the court to constitute a committee of inquiry under sub- sections (4) and (5) of section 10 of the citizenship act, 1955 and to submit the report of the committee of inquiry to the court before passing appropriate orders on merits in accordance with law, as may be directed by the high court. ..... thus, the citizenship act, 1955, which is a consolidated code on the acquisition and termination of indian citizenship, provides for observance of the fundamental principles of judicial procedure and basic rules of natural justice before an indian citizen by registration is deprived of the same. ..... a show-cause notice was issued to the 1st respondent on 31-07-2009 to show cause as to why action under sections 10(2)(a) and 17 of the citizenship act, 1955 may not be initiated against him, for which the 1st respondent gave a reply on 11-09-2009 admitting the contents of his application and contending that his journey to berlin, germany cannot be considered as visits to countries abroad .....