Court : Allahabad
Reported in : 1973CriLJ1344
..... order made, or direction given thereunder whether any person is or is not a foreigner, the onus of proving that such a person is not a foreigner, shall notwithstanding anything contained in the indian evidence act, lie upon such person, so that in the present proceedings in deciding the question as to whether the appellant was an indian citizen within the meaning of article 5 the onus of proof will have to be placed on the appellant to ..... the proclamation of emergency under article 352 removes the fetters created on the legislative and executive powers by article 19 and if during the pendency of such proclamation the legislature makes laws or the executive commits acts which are inconsistent with the rights guaranteed by article 19 their validity is not open to challenge either during the continuance of the emergency or even thereafter. ..... he aptlv remarks 'nationality' in the sense of citizenship of a certain state must not be confused with 'nationality' as meaning membership of a certain nation in the sense of ..... article 5 of the constitution defines citizenship at the commencement of the constitution ..... does not claim to have acquired indian citizenship in any other manner. ..... further, although all polish individuals are of polish nationality qua race, for many generations there were no polish qua citizenship. ..... , according to international law, englishmen and the scotsmen are, despite their different nationality as regards race, all of british nationality as regards their citizenship. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All561
..... case helpsthe contention advanced by shri dhawan; if he relied upon the observation at page 588--'and they adhere to the view which has always been taken by this committee, that the federation act exhausts the whole range of legislative power, and that whatever is not thereby given to the provincial legislatures rests with the parliament'--it has no application in the case before us because the residuary ..... 'any property which or any property in which an interest, has been declared to be evacuee property or has vested in the custodian under the administration of evacuee property act, 1950 (xxxi of 1950), and in which the interest of the evacuee consists of an undivided share in the property held by him as a co-sharer or partner of any other person, not being an evacuee' or the evacuee interest is ..... there is noforce in the contention advanced on behalf of theopposite-parties that the defect in the notice didnot, affect the operation of the act, the argumentbeing that the property had already vested in thecustodian under the ordinance and that the noticehad been issued only by way of abundant caution.we ..... citizenship but still might have become an evacuee within the meaning of the act ..... the order of the custodian dated 14-12-1955 in respect of the property belonging to nasir ..... 1955 ..... bashir ahmad on 14-12-1955. ..... 1955 ..... father shukrulla and forefathers also were born in india; they were also declared to be evacuees and their shares in the property in dispute as evacuee property on 14-12-1955. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All291
..... setting aside the order revoking/suspending his arms licence only after the said order is made; and reading the audi alteram partem rule of natural justice in the arms act in consonance with the statutory provisions of sections 17 and 18 of the arms act, it would follow that the action of revoking/suspending an arms licence would be valid and be in accordance with law if the licensing authority, after making the order, affords to the concerned ..... who are opposed to each other there is lis and prima facie, and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act and (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then, although there are no two parties apart from the, authority and the contest is between the authority proposing ..... other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this act; or (b) if the licensing authority deems it necessary for the security of public peace or for public safety to suspend or revoke the licence; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by ..... or, as otherwise defined, civil rights are rights appertaining to a person by virtue of his citizenship in a state or community. .....
Tag this Judgment!Court : Allahabad
Reported in : [1991]191ITR381(All)
..... . he obtained the citizenship of that country ..... under section 256(2) of the income-tax act, 1961, the tribunal has stated the following question for our opinion :'whether, on the facts and in the circumstances of the case, there was any material to support the finding that the assessee believed .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2106
..... the legislature of the state by law not to disqualify its holder ; (b) if he is of unsound mind and stands so declared by a competent court ; (c) if he is an un-discharged insolvent ; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state ; (e) if he is so disqualified by or under any law made by parliament. ..... ananda nambiar : air1952mad117 , it was held by the madras high court that once a member of a legislative assembly is arrested and lawfully detained, though without actual trial, under any preventive detention act, there can be no doubt that under the law as it stands, he cannot be permitted to attend the sittings of the house. ..... prayed for quashing the order dated 27.2.2003, contained in annexure-3 to the writ petition, passed by special judge (gangsters act), lucknow, whereby the application for permitting the petitioner to attend the session of the assembly w.e.f. ..... articles 174 175 189 191 and 194 which deals with summoning of the house, right of governor to address and send messages to the house or houses, voting in houses, power of houses to act notwithstanding vacancies and quorum, disqualifications for membership and certain powers, privileges, etc. ..... state, air 1955 tc 154 and while observing that when a member is detained under due process of law, he cannot claim that his decision should be subordinated to his right to attend the ..... air 1955 tc .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All115; 1961CriLJ210
..... 1960 all 434) it was urged that no permit having been filed, in the absence of any knowledge of the period fixed for his stay in india there could be no conviction of the respondent under section 14 of the foreigners act.the point had, however, to be given up, when the attention of the learned counsel was drawn to a subsequent case decided by the same judge in which he had modified his view that case is reported in : air1961all111 wahid miyan ..... was charged with was not an omission to comply with the notice issued by the superintendent of police as civil authority but with the contravention of para 7 of the foreigners order issued under the foreigners act.no provision under the order or the act has been brought to our notice under which it was necessary for any authority to issue a warning or notice to the respondent requiring him to leave the country on pain of being prosecuted under section ..... on the contrary, the respondent obtained a passport from the pakistan authorities by declaring himself as a pakistan national and even after he had entered india he described himself as a pakistan national and applied for being granted indian citizenship. ..... it is true that under section 12 of the foreigners act the power to make orders under section 3 may be delegated to a subordinate authority subject to such conditions as may be contained in the authorisation, and the learned government pleader has invited our attention to a notification issued by the government of india on 17-10-1955, no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All316
..... ultimately passed the hindu marriage act in 1955 (act 25 of 1955), hereinafter referred to as the act to amend and modify the law ..... observed that divorce and dissolution of marriage were foreign to hindu law before the statute stepped in to modify the traditional law and in construing the provisions of the act 'one has to remember that divorce is not generally favoured or encouraged by courts and is permitted only for very serious and grave reasons'.15. ..... , and it was held that proof of insanity was no answer to the charge in view of the character and the gravity of the act which were intentionally pursued though with no intention to injure, the case has no application in the instant case.29. ..... the case of an omission' says dias in his jurisprudence, fourth edition, page 426, 'since .....................there has to be a duty to act which depends upon the circumstances including among other things, the relationship between the parties. ..... hindu marriage act 1955. ..... -- one whether the impact has a reference to the state of the mind of the doer, and the other whether the nature of the act whose impact is judged, can have a reference to the state of mind of the doer. ..... divorce, (1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party- (i) is living in adultery; or (ii) has ceased to be a hindu by conversion to another religion; or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All401
..... this special appeal arises out of the following facts :--under sub-section (1) of section 3 of the essential commodities act, 1955 hereinafter referred to as the act), if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may by order, ..... :--'as the matter covered by the impugned order does not admittedly fall within any of the various clauses of sub-section (2) of section 3 specifically referred to in the notification under section 5 of the act, the impugned order is liable to be struck down on that short ground'.we are in respectful agreement with this view.10. ..... could not promulgate an order to acquire stock not already held under clause (f) of sub-section (2) of section 3 of the act, there, is no impediment in doing so under the general powers conferred by sub-section (1) of section 3'. ..... 1966, as amended in 1967 (hereinafter referred to as the impugned order), and the charges under sections 3/7 of the act and for the issue of a writ of prohibition forbidding appellant no. ..... 1955 (10 of 1955) the central government hereby directs- (a) that the powers conferred on it by sub-section (1) of section 3 of the said act to make orders to provide for the matters specified in clauses (a), (b), (c), (d), (e), (f), (h), (i), (ii), and (i) of sub-section (2) thereof shall, in relation to food-stuffs, be exercisable also .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All172
..... trade and commerce in any commodity essential to the community; or(b) dealing in any commodity : -- (i) which is an essential commodity as defined in the essential commodities act, 1955 (10 of 1955), or(ii) with respect to which provisions have been made in any such other law as is referred to in clause (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that ..... in force relating to control of the production, or supply or distribution of, or trade and commerce in, any commodity essential to the community or dealing in any commodity which is an essential commodity as defined in essential commodities act, 1955, or with respect to which provisions have been made in any such other law, with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of the essential commodities ..... necessary so to (so, make an order directing that such person be detained.explanation :--- for the purposes of this sub-section, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means -- i (a) committing or instigating any person to commit any offence punishable under the essential commodities act, 1955 (10 of 1955), or under any other law for the time being in force relating to the control of the production, supply or distribution of, or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All600
..... condition was imposed on the ground of health and welfare of young children which was beyond the subject matter of the cinematograph act, 1909.they further held that the said act regulated the use alone of the premises for the giving of cinematograph exhibitions and the restriction had no direct connection with the ..... is necessaryis in section 13 which confers power on the state government, after previous publication, to make rules for the purpose of carrying the provisions of the act into effect, and by virtue of clause (d) at sub-section (2) the rules may provide for the terms, conditions and restrictions subject to which licences can ..... lastly the provision in clause (c) of section 7 (1) fully affirmed the above fact underlying the scheme of the state act, since it authorised the state government or the licensing authority to suspend, cancel or revoke a licence if the continuance of the same is considered prejudicial to decency or morality.the act has thus at least two objects in view, one, the licensing of the place where cinematograph exhibition can be held ..... sub-sections (1) and (2) of section 5 are thus :-'5(1) the licensing authority shall not grant a licence under this act, unless it is satisfied that- (a) the rules made under this act have been substantially complied with, and (b) adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide ..... act, 1955 (hereinafter referred to in this judgment as the state act ..... act, 1955 .....
Tag this Judgment!