Judgment Search Results Home > Cases Phrase: citizenship act 1955 Court: chennai Page 1 of about 11,346 results (0.038 seconds)

Daivid John Hopkins Vs. the Union of India and Others

Court : Chennai

Reported in : AIR1997Mad366

..... intimated to you vide this ministry's letter of even number dated the 6th april, 1985, that you are not eligible for the grant of indian citizenship for the reason that in section 2(1)(c) of the citizenship act, 1955, there is provision that all the commonwealth countries mentioned in schedule first of the citizenship act, 1955, have (o make a request to the govt. ..... thus :'sub :- request for a revision under section 15 of the citizenship act, 1955. ..... your letter dated the 25th march, 1985, on the subject mentioned above, i am directed to say that rules have not so far been framed for registration of british citizens as indian citizens under section 5(1)(e) of the citizenship act, 1955. ..... registration as indian citizen under section 5(1)(e) of the citizenship act, 1955. ..... 1995 was filed by the appellant, who is acitizen of united kingdom, for a declaration that section 14(1) of the citizenship act, 1956 (act 57 of 1955) (hereinafter referred to as the act) ultra vires article 14 of the constitution of india, which embodies the rule of law, and void.3. ..... the citizenship act governs and the procedure that should be followed in dealing with the application for registration for the indian citizenship. ..... the petitioner reads thus :'sub :-- regisiration as an indian citizen under section 5(1) of the citizenship act. ..... india have considered his request carefully, but the same cannot be acceded to as he has not fulfilled the statutory stay condition specified under section 6(1) of the citizenship act. .....

Daivid John Hopkins Vs. Union of India and Another

Court : Chennai

Reported in : AIR1996Mad314; 1995(2)CTC335

..... has filed this writ petition challenging seclion 14(1) of the citizenship act and prays for declaration that the said section 14(1) of the citizenship act, 1955 is ultra vires of article 14 of the constitution of ..... dated the 25th march, j985, on the subject mentioned above, i am directed to say that rules have not so far been framed for registration of british citizens as indian citizens under section 5(1)(c) of the citizenship act, 1955. ..... the petitioner contended that the petitioner has applied for the registration of the indian citizenship under section 5(1)(c) of the citizenship act and repeatedly his request has been rejected for registration as citizen of india, due to the non-framing of the citizenship rules in respect of british citizens. ..... 14(1) of the citizenship act empower the prescribed authority or the central government either to grant or refuse an application for registration under section 5 or 6 of the said act without assigning any reason for such grant or refusal, when article 14 of the constitution of india enshrine'd the rule of law, the said section 14(1) of th'e citizenship act giving the concerned authority with arbitrary power as there is no guideline provided thereunder either to reject or ..... section 14 of the citizenship act empowers the prescribed authority or the central government either to grant or refuse application under section 5 or 6 of the said act and the prescribed authority or the central government is not required to assign any reason for .....

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

Court : Chennai

Reported in : AIR2007Mad187; (2007)2MLJ831

..... 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. ..... the appellant says that her daughter is an indian citizen by virtue of section 3(b) of the citizenship act, 1955 (act 57 of 1955) and she was forced to go to sri lanka when she was only six years old, with the appellant's mother-in-law, because of the factors beyond her control since she ..... 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. ..... the appellant submitted that the appellant's daughter, megara has acquired indian citizenship under section 3(b) of the citizenship act, 1955 since the appellant herself is a citizen of india and she would not cease to be a citizen of india, unless there is a determination of the issue of cessation of her citizenship by the central government under section 9(2) of the citizenship act, 1955. .....

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

Court : Chennai

Reported in : AIR1961Mad129; (1960)IIMLJ290

..... where the passport was obtained after 7-7-1956, when the citizenship rules were promulgated or at least after citizenship act, 1955 came into force, that is from and after decem ber, 1955.it would be noticed that the petitioner obtained his passport in december 1952 and it was therefore urged that if this construction were adopted the petitioner would retain his indian citizenship which he had on 26-1-1950 and which he continued to ..... the petitioner was a citizen of india on the date of the commencement of the constitution, he would cease to be such by becoming a citizen ot pakistan by virtue of section 9 of the citizenship act, 1955, and since this statutory provision is the basis of the impugned order, it is necessary to examine it in detail. ..... for its extension by four months for his stay in india, and this extension expired on 23-7-1956.thereafter he applied on 14-5-1957 under section 5(1) of the citizenship act, 1955 for his registration as a 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. ..... been a foreign country within the meaning of article 9 of the constitution because oft the governor-general's order promulgated under article 367(3), the acquisition of pakistani citizenship would terminate the indian citizenship of a person under the citizenship act, 1955, and this position was not contested.20. .....

S.Muralidharan Vs. Government of India

Court : Chennai

..... apply under section 5(1)(c) of the indian citizenship act, 1955 to the government of tamil nadu for citizenship by registration. ..... has been impleaded as the fifth respondent in the present writ petition, to consider the peculiarity of the petitioner's case, as mentioned above, in order to process further the petitioner's application for grant of citizenship under section 5(1)(c) of the citizenship act by keeping in mind that he had married an indian ms.neelam bisht on 6.12.96, copy of the marriage photograph enclosed in the typed-set of papers also proves such marriage, and the endorsement made by the ..... further pleaded that the petitioner has been treated as an indian, as he was holding an indian passport and also married an indian girl by name ms.neelam bisht on 6.12.96, as he is otherwise entitled under section 5(1)(c) of the citizenship act, 1955. ..... however, the learned counsel for the petitioner placed certain difficulties in approaching the respondents for moving appropriate application under section 5(1)(c) of the citizenship act, namely, that the petitioner has to move an application along with a copy of the valid foreign passport and a copy of the valid residential permit, thirdly, he has to produce the relevant ..... chennai, he married ms.neelam bisht, an indian, on 6.12.96, therefore, he is entitled to move an application in form iii of schedule i of the citizenship rules in terms of section 5(1)(c) of the citizenship act along with the copies of the following documents, viz. .....

Hajee M. Mohamed Kassim and Others Vs. the Sub Inspector of Police, Ko ...

Court : Chennai

Reported in : 1991CriLJ2921

..... citizenship act, 1955, that he had voluntarily acquired citizenship of pakistan between january 26, 1950 and the commencement of the citizenship act on 30-12-1955 ..... 9(2) of the citizenship act, the question whether a person voluntarily acquired citizenship of any other country during the specified period could only ..... of the citizenship act had provided that a passport shall be conclusive proof that its holder had acquired citizenship of the ..... citizenship act relates to termination of citizenship ..... citizenship act ..... citizenship act ..... citizenship act ..... citizenship act ..... citizenship act ..... claims to have refuted the allegations contained in the memo and explained to the authority, that as an indian citizen by birth, who had not voluntarily surrendered his citizenship merely by obtaining a malaysian passport, there was no need for any further extension of stay permit as he was entitled to continue to be in this country ..... citizenship act ..... 30 of the citizenship rules, 1956, and by an order dated november 5, 1964, it was determined that the accused had acquired citizenship of pakistan after january 26, 1950 and before march 15, 1955, the date of ..... cases claims to be an indian citizen, as a born indian who had not relinquished his citizenship voluntarily, and it is the prosecution who alleges that he is a foreigner, and therefore, the onus is cast on the prosecution to establish that the petitioners in these petitions would answer the description of 'foreigner' contemplated under the provisions of the act. 12. .....

Rebecca Ann Malstead and Others Vs. Union of India rep. by its Secreta ...

Court : Chennai

..... section 3(ii), dated 11th april, 2005, p.2, no.373 [f.no.26011/2/2005-ic.i] in exercise of the powers conferred by sub-section (1) of section 7-b of the citizenship act, 1955 (57 of 1955), the central government hereby specifies the following rights to which the persons registered as overseas citizens of india under section 7-a of the said act shall be entitled, namely:- a) grant of multiple entry lifelong visa for visiting india for any purpose; b) exemption from registration with foreign regional registration officer or foreign registration officer for ..... , part ii, section 3(i), dated 6th january 2007, p.1, no.7 in exercise of the powers conferred by sub-section(1) of section 7-b of the citizenship act, 1955, (57 of 1955), the central government hereby specifies the following rights to which persons registered as overseas citizens of india under section 7-a of the said act, shall be entitled, with effect from the date of publication of this notification in the official gazette, namely:- 1. ..... , part ii, section 3(ii), dated 6th january 2009, p.1, no.33 in exercise of the powers conferred by sub-section (1) of section 7-b of the citizenship act, 1955, (57 of 1955), and in continuation of the notifications of the government of india in the ministry of home affairs, number s.o.542(e), dated the 11th april, 2005 (2005-ccl-iii-386[126]) and in the ministry of overseas affairs, s.o.12(e), dated the .....

A.Laser Vs. V.Anbazhagan

Court : Chennai

..... not come to the rescue of the returned candidate for the following reasons:- (a) even in the said judgment, the honble apex court has held that presumption about the certificate of citizenship issued under section 5 of the citizenship act, 1955 is rebuttable and not conclusive. ..... in paragraph 26 of the said judgment that the election petitioner, who has to build a case that the respondent therein could not have cancelled the renounced citizenship and become a citizenship of india when she applied for and was issued certificate of citizenship under section 5(1)(c) of the citizenship act, has made only bald allegations without any basis. ..... the considered view that, since the election petitioner has made concise statement regarding disqualification of returned candidate with some material as required under clause (1)(a) of section 83 of the act, the further probe over the same have to be tested only at the time of trial and the same does not require to be considered at the threshold itself. ..... deserves to be rejected at the preliminary stage itself as not maintainable on the ground that -- (i) the election petition does not contain valid verification of the pleadings as per section 83 (1) (c) of the representation of the people act, 1951; (ii) the election petition does not contain material facts and full particulars constituting complete or full cause of action as required under section 83 of the ..... a certificate of citizenship issued under section 5 of the act is a statutory certificate .....

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

..... if he held an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin ..... income of the assessee under the head 'business income' and under section 80-e(1), in order to compute and allow the permissible special deduction, computation of total income in accordance with the other provisions of the act is required to be done and after allowing such deduction the net assessable income chargeable to tax is to be determined; in other words, the legal fiction under section 41(2) and the grant of ..... goods containing such details relating to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper officer may consider relevant to the identity of the goods in any proceedings under this act and shall make an application to a magistrate for the purpose of - (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of the magistrate, photographs of such goods, and ..... committed in importing the goods, the additional collector has found that the goods had been imported in violation of the provisions of import (control) order, 1955 read with section 3(i) of the import and export (control) act, 1947 ..... violation of import (control) order, 1955, read with section 3(i) of import and export control act, 1947 .....

Malabar Diamond Gallery Pvt. Ltd. Vs. The Additional Director General ...

Court : Chennai

..... person shall be deemed to be of indian origin, if he held an indian passport at any time, or he or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution of india or the citizenship act, 1955 (57 of 1955); provided that the national of pakistan or bangladesh shall be deemed to be not of indian origin ..... prohibited goods transited with or without transhipment or attempted to be so transited in contravention of the provisions of chapter viii; (o) any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this act or any other law for the time being in force, in respect of which the condition is not observed unless the non-observance of the condition was sanctioned by the proper officer; (p) any notified goods in relation to which ..... goods containing such details relating to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper officer may consider relevant to the identity of the goods in any proceedings under this act and shall make an application to a magistrate for the purpose of - (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of the magistrate, photographs of such goods, and certifying such photographs as true; or (c) allowing to ..... were made by the revenue that goods were imported in violation of import (control) order, 1955, read with section 3(i) of import and export control act, 1947 .....