Court : Allahabad
Reported in : AIR1969All165; 1969CriLJ450
..... the acquisition of the citizenship of a foreign country did not automatically make the applicant a foreigner for purposes of section 14 of ..... main question which was put on behalf of the applicant, however, was that even if he had acquired citizenship of pakistan and the decision of the central government on that question is final under sub-section (2) of section 9 of the citizenship act 57 of 1955 read with rule 30 of the citizenship rules, 1956, all that the central government could decide was that the applicant had acquired citizenship of pakistan with effect from the date determined by the central government and that ..... . the central government may determine the date of the acquisition of foreign citizenship somewhere between the 26th january, 1950 and the commencement of the citizenship act, but that would not be the date of loss of citizenship of india, as sub-section (1) clearly provides that in all such cases in which the date of acquisition of foreign citizenship is between the 26th january, 1950 and the commencement of the citizenship act, 1955 that date will be the date of the commencement of the act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All79
..... what we mean is that india did not recognize him as a citizen of pakistan.the appellant, not being recognised as a citizen of pakistan, could not, therefore, come within the provisions of section 5(1)(e) of the citizenship act, 1955, and consequently, any application for registration made by him could not be governed by this provision of law.in this view, it is unnecessary to go into the further question whether, if the appellant's case had fallen simultaneously within the ..... 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. ..... there is, however, the question whether the appellant's case is also covered by the provisions of clause (e) of sub-section (1) of section 5 of the citizenship act, 1955, and, if so, what would be its effect on the question as to who would be the appropriate authority from whom he had to obtain the certificate of registration. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ1123
..... there is an authority prescribed under the citizenship act, 1955 and whenever the matter falls within section 9(2) of the citizenship act, the authority concerned alone can decided the question arising under section 9(2) of the citizenship act.25. ..... clearly lay down that when the matter falls within section (2) of the citizenship act, 1955, all other provisions of law are excluded. ..... prescribed under the citizenship act, 1955 alone can decide the question arising under section 9(2) and the rules of evidence which should govern that decision shall be those prescribed for the purpose under that act....29. ..... of the citizenship rules, 1956 contains the rules of evidence applicable to a case arising under section 9(2) of the citizenship act, 1955. ..... he has remedy under section 9(2) of the indian citizenship act, 1955.17. ..... therefore, he is nepalese citizen, on a perusal of section 9(2) of the citizenship act, it is crystal clear that whenever a question arises 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 ..... of the powers conferred by clause (h) of sub-section (2) of section 18 of the citizenship act, 1995 and sub-section (2) of section 9 of that act the central government has framed rules to decide the question of voluntary acquisition of citizenship of a foreign country and the consequent determination of the citizenship of india. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All336; 1960CriLJ771
..... for stay of the proceedings in the cases on the grounds that they could not he held to be foreigners unless they were held to have acquired the citizenship of pakistan and thereby lost the citizenship of india, that the question whether they had acquired the citizenship of pakistan or not was to be decided by the central government under section 9(2) of the citizenship act, 1955 and that they were referring the question to the central government for its decision. ..... at page 263 he observed that prior to the enactment of the citizenship act, 'there was no machinery provided for determining whether a citizen of this country had lost his citizenship and if so when and how,'that such a question could be determined previously only by courts of law and the party who alleged the loss of its citizenship had to prove it, 'that the citizenship act has completely changed the position' and that 'it is the central government only that ..... such repugnance between the provisions of section 9(2) of the citizenship act and the provisions of the cr. p. c. ..... citizenship act was enacted by parliament to provide for acquisition and termination of citizenship ..... the court to decide it has not been taken away by section 9(2) of the citizenship act. ..... a court trying a person under the foreigners act has jurisdiction to decide whether he acquired the citizenship of pakistan, even though its decision is only for the purposes of the case and is liable to be superseded by a decision given by the central government .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All191; [1968(16)FLR413]
..... addressed an application to the central government under section 9(2) of the citizenship act, 1955 praying that his prosecution under section 14 of the foreigners act be withdrawn and that he be declared as an indian citizen. ..... had come out to india on a pakistani passport on which his nationality was described as pakistani citizen indicated that he had become a pakistani national; (3) that in view of his having acquired foreign citizenship the provisions of section 9(2) of the indian citizenship act could not apply to him; and (4) that in any case the burden of proof lay on the petitioner to prove that he was an indian citizen and not a foreigner and in the ..... aforesaid goes to show that it was headed as one under section 9(2) of the indian citizenship act and the prayer contained therein was to the following effect :-'that as his application for indian citizenship is still pending so in the interest of justice it is expedient that his prosecution under section 14 foreigners' act be withdrawn and the applicant may be declared as indian national and be not deported out ..... said application it was stated that he had previously moved an application under section 5(1) of the citizenship act for registration as a citizen of india but he had received no intimation of the decision of the ..... it is now beyond controversy that the rules prescribed under the citizenship act have made the central government or its delegate appropriate authority to deal with this question and that means that this .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All565
..... where it was held that the only question which a civil court is prevented by section 9(2) of the indian citizenship act, 1955, from deciding is a question whether a person has acquired the citizenship of another country, and therefore, the dismissal of the entire suit was not open to the civil court his lordship observed: 'the citizenship act does not take away the jurisdiction of the civil court to try another suit of a civil nature or grant ..... any citizen has a right to ask for this relief which has not been taken away by section 9 of the citizenship act the court is under a duty to determine his suit and grant him the relief on a proper ..... any relief which it has the power to grant under the law the suit for a declaration of citizenship and for an injunction restraining the government to deport the plaintiff is a civil suit, and ..... 's case being that he had migrated to pakistan due to force of circumstances so that he did not voluntarily acquire the citizenship of pakistan, raised a question triable exclusively by the central government under section 9(2) of the indian citizenship act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All637
..... the state is that section 9(2) of the citizenship act, 1955 completely ousts the jurisdiction of all ordinary courts of law in matters relating to the acquisition of the citizenship of a foreign country. ..... that after attaining majority the petitioner must be deemed to have acquired pakistan nationality by his own voluntary act in applying for a pakistan passport in march 1956, and that consequently he has forfeited his indian citizenship under section 9(1) of the citizenship act, in this connection reliance is placed on the provisions of clause 3 of schedule iii of the citizenship rules, 1956, which runs as follows;'the fact that a citizen has obtained on any date a ..... obvious, however, that a suit would not be a convenient and efficacious alternative remedy, for even if not held barred by the provisions of section 9(2) of the citizenship act, it would involve a slow and lengthy procedure and unless a temporary injunction were granted, would not prevent the petitioner from being deported from the territory of india while ..... in which the contention now made on behalf of the state was upheld in its cxtremest form, the learned judge holding that even in cases where in law it is not possible for citizenship to be relinquished (for example by a minor), it is for the central government and the central government alone to determine under section 9(2) of the citizenship act whether in actual fact it has been relinquished.with respect, i find myself unable to subscribe to this view. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All165
..... the question whether the petitioner was an indian national or a pakistan national can be determined under the provisions of the citizenship act, 1955. ..... lays down that 'any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26 january, 1950, and the commencement of this act (30th december 1955), voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement cease to be a citizen of india: provided that nothing in this sub-section shall apply to a citizen of india who, during any war in which india ..... rule 30 of the rules framed under the citizenship act provides that '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 ..... sub-section (2) of this section lays down 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 ..... under the provisions of this sub-section, prima facie, the petitioner voluntarily acquired the citizenship of another country and, therefore. ..... lost his indian citizenship. ..... this application is dated the 2nd of august 1955. ..... the petitioner and his wife came to tanda some time in may 1955. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All223
..... that shri abdul salam, son of abdul hakim, by caste musalmau, resident of mohalla sarai bibi, aligarh, had claimed indian citizenship notwithstanding his having obtained a pakistan passport and short-term visa for entry into india front pakistan, and whereas a question has arisen as to whether the said shri abdul salam has acquired the citizenship of pakistan; now, therefore, the central government acting under section 9(2) of the citizenship act, 1955. ..... the power to make a decision under this sub-section had not been assigned to an officer of the rank of under-secretary.he also contended that rule 30 of the citizenship rules which nominates the central government as the prescribed authority for deciding the question of citizenship under section 9 of the citizenship act is ultra vires because that government could not appoint itself as the prescribed authority.during arguments, all the pleas raised in the appellant's counter-affidavit ..... not proved that he was a citizen of india.on the question of jurisdiction it held that section 9(2) of the citizenship act provided that when a question arises as to whether a person has acquired the citizenship of another country, it shall be decided by the central government and therefore the jurisdiction of the civil court was barred in every case in which the question of the acquisition of the citizenship of another country arises; the court held that this question had arisen in the present .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All362
..... it cannot be doubted that a de-termination by the central government under section 9 of the citizenship act of 1955 and rule 30 framed thereunder without affording a reasonable opportunity to the person concerned would be illegal and would be no determination of the ..... now therefore the central government acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules, 1956, and giving due regard to the principles of evidence contained in schedule iii to the aforesaid rules and after considering the ..... of the suit stayed and applied to the central government for determination of her status under section 9 of the citizenship act, 1955. ..... supreme court had occasion to consider the question of the conclusive presumption contained in paragraph 3 of schedule iii of the citizenship act when obtaining a pakistani passport declaring himself as a pakistani citizen. ..... the question postulates an approach at in a quasi judicial enquiry; the citizen concerned must be given due notice of the nature of the action which in the view of the authority involves determination of indian citizenship, and reasonable opportunity must be afforded to the citizen to convince the authority that what is alleged against him is not true. ..... kariman, by caste musalman, resident of idgah kutlupur lohron ki bagichi, agra has claimed indian citizenship notwithstanding her having obtained a pakistan passport and a short term visa for entry into india from pakistan, and whereas a question has .....
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