Court : Madhya Pradesh
Reported in : AIR1964MP272; 1965MPLJ329
..... rule was framed by the government under the rule making power conferred upon it by section 18 of the citizenship act, 1955 read with rule 30 sub-rule (2) of the citizenship rules 1956. ..... the citizenship act, 1955, however, makes a distinction between a commonwealth citizen and a citizen of ..... who migrated to pakistan after 1-3-1947 and who did not return to india till the commencement of the constitution cannot be considered to be citizens of india either by virtue of any of the provisions in the constitution or the citizenship act 1955. ..... the conferment of all or any of the rights of a citizen of india on a citizen of any country specified in the first schedule can be made only by the central government under section 12 of the citizenship act by an order notified in the official gazette. ..... as under: --'according to the laws prevailing in pakistan a person is not entitled to apply for or obtain a passport unless he is a citizen of pakistan under its citizenship act. ..... prescribes that the obtaining of a passport from the pakistan government by an indian national (which normally would be the result of the prescribed application voluntarily made by him) conclusively proves the voluntary acquisition of pakistan citizenship, it would be difficult to hold that the rule is not a rule of evidence.'4. ..... under section 11 of that act every person who is a citizen of a commonwealth country specified in the first schedule shall, by virtue of that citizenship, have the status of a commonwealth citizen .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP110; 1961CriLJ516
..... 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 ..... these are also matters to be decided by the central government under section 9 of the citizenship act, 1955, and it would not he proper for me to express any views before the question is considered by the proper authority ..... it is further urged that under the citizenship act, 1955, the question whether the citizenship of such of the petitioners, who were indian citizens at the commencement of the constitution, had terminated is a matter which could be determined only by the central government who have been prescribed as the authority for the purposes of section 9(2) of that act.accordingly, it is urged on behalf of the petitioners that unless such a determination was made by the central government, the state government or the executive ..... the petitioners feel aggrieved by the decision of the central government on the ground that it is illegal or contrary to the provisions of the citizenship act, 1955, they would be entitled to move for in appropriate writ. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP346
..... the relevant provisions which we have to consider are contained in section 9 of the citizenship act, 1955, rule 30 of the citizenship rules, 1956, made under section 18(1) of the act and schedule iii to these rules which are reproduced : 'section 9(1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950 and the commencement of this act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such ..... sub-divisional officer 1960 mplj 1246: (air 1961 madh pra 110), that order was set aside on the view that a decision of the' central government under section 9(2) of the citizenship act, 1955, to the effect that the person concerned had acquired the citizenship of another country was a pre-condition for the passing of any such order.by two separate notices exs. ..... this petition under article 226 of the constitution is directed against two separate orders dated 29th august 1964 whereby the central government, acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules, 1956, determined that nasiruddin (petitioner 1) and his wife smt. ..... who spoke for the court, observed : 'section 9(1) of the citizenship act provides for termination of citizenship of an indian citizen if he has (subject to the proviso which is not material) by naturalisation, registration or otherwise, voluntarily acquired citizenship of another country. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP254; 1989MPLJ121
..... the person defeated in the election of sarpanch; that, the petitioners had never been citizens of india by virtue of the provisions in part ii of the constitution of india, nor they ever applied for acquiring indian citizenship under the citizenship act, 1955; that, they have an efficacious remedy for approaching the government of india for determining whether they were or not citizens of india, but instead of (resorting to) specific provisions they have resorted to this remedy; that, they ..... now turning to the provisions contained in the citizenship act, 1955, it provides five modes of acquiring citizenship : (i) citizenship by birth (section 3) (ii) citizenship by descent (section 4) (iii) citizenship by registration (section 5) (iv) citizenship by naturalisation (sec-tion 6). ..... it seems clear that the petitioners have not taken any steps under the citizenship act; and if there are any humanitarian considerations, as alleged before us, it is up to the central govt. ..... 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 section 18 of the act, the central government has power to make rules providing for the authority to determine the question of acquisition of citizenship of any country, the procedure to be followed and the rules of evidence relating to such cases'; under section 12, the central government may, by order notified in the official gazette, make provisions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1989CriLJ2044; 1989MPLJ451
..... 1538 of air):in exercise of the powers conferred by clause (h) of sub-section (2) of section 18 of the citizenship act, 1955 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. ..... ' the petitioner also contended that as aziz khan claimed to be an indian national, unless and until that question is determined under section 9(2) of the citizenship act, 1955 (hereinafter referred to as 'the act') aziz ahmed cannot be deported.4. ..... schedule iii of the citizenship rules, 1956 contains the rules of evidence applicable to a case arising under section 9(2) of the citizenship act, 1955. ..... from the above discussion, we are of the clear opinion that before passing an order of deportation when there was dispute about the citizenship there was no determination of nationality or status of aziz ahmed under section 9(2) of the act by the central government and as such, the order of deportation passed in relation to aziz ahmed was invalid. ..... , 1950 and the commencement of this act voluntarily acquired 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 may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP387; 1959CriLJ1337
..... citizenship act, 1955 ..... under section 2(ii) of the foreigners order, of appointing a civil authority, io the state government and the state government in exercise ofthat power had appointed a district superintendent of police to act as civil authority, the order issuedby the district superintendent of police requiring the accused not to remain in india is not shown to be referable to any power vesting in the civil authority under the ..... by the central government and as the contravention of the direction in the notice issued by the district superintendent of police, acting as civil authority under the foreigners order, 1948, cannot amount to contravention of the provisions of section 3(2)(c) of the foreigners act nor of any provisions of any order made under that act the order of acquittal passed in each of the cases referable to the aforesaid appeals cannot be interfered with much on ..... of the order refers to a permit, to be obtained by a foreigner entering india on the authority of a visa issued in pursuance of the indian pass-port act, 1920 from the registering office having jurisdiction it place of entry and provides that a foreigner thus obtaining permit ought to depart from india before the expiry of the ..... section 2(a) of that act defines a foreigner as 'a person who is not 0 citizen of india'.now, a citizen of india on the relevant dates when the orders against the respondents were passed, meant 'a person who, under the citizenship 07 nationality law for the time being in force .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP381
..... overstayed the term of his visa, and who has done nothing to move the government of india to clear this doubt about his citizenship -- that such a person should, when the deportation it imminent, be permitted to stay on for another term just to move that government on the mere chance of his getting a favourable order.every state is entitled to protect itself and ..... commissioner at karachi and therefore the authorities should be directed by this court by an appropriate writ not to deport them and at least to wait till they get an opportunity to move the government of india under section 9(2) of the indian citizenship act and rule 30 of the citizenship rules, and the latter disposes of their petition. 2. ..... it is one thing to say that a person whoso being a foreigner is in doubt, and who has already in due course moved the government, or whose citizenship is under active consideration should not be unceremoniously deported without waiting for the government decision, but it is altogether another thing to contend that a person who is prima facie a foreigner, and who has for five years ..... 241 the acquisition or the determination of the indian citizenship of the applicant, was already under the active consideration of the government of india, at the time of the deportation order. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP29; 1968CriLJ172
..... person voluntarily migrating to pakistan and obtaining a pakistance passport on a declaration of that nationality loses his indian citizenship is the effect of the indian citizenship act and rules and has further been affirmed by a number of decisions of our courts. ..... that he is the son of somebody in neemuch, and that he left india in 1954, and came back on a pakis tanee passport obtained on a declaration of pakistanee citizenship and went again to pakistan in 1956, whether because of all this he could be deemed still to be an indian citi-zen. ..... migralion was voluntary then certainly the declaration of pakis-tanee citizenship was also voluntary and the petitioner is a pakistanee citizen ..... the petitioner had accepted pa-kistanee citizenship and had come to india on a pakistanee passport with which he was still staying on for ten years in secret; the removal of the photograph only adds to ..... anyway after staying at neemuch between 23-12 1955 and 4-3-1956 the holder of this pass-port and visa reported to the police at the latter place that he was returning to pakistan on 4-3-1956 leaving for karachi viz bar-mer another point of interest ..... the story begins at karachi in december 1955, when somebody called babu a butcher as he described himself with a karachi address, obtained a passport for a boy he ..... kumar amarsingh, air 1955 sc 282 and fateh ..... state of hyderabad, air 1955 hyd 34 there was a question of alleged minority on the date of migration though by the time the person returned he was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP175; 1964CriLJ160
..... not be justified upon the ground that it imposed a reasonable restriction upon the fundamental right to reside and settle in the country in the interest of the public.while dealing with the provisions of section 7 of the said act, the supreme court pointed out that it did not provide for the issue of a notice to the person concerned to show cause against the order nor was the person afforded any opportunity to clear his ..... the appellant bharatsingh filed a petition under article 226 of the constitution challenging the validity of an order passed by the state government on 24th april 1963 under section 3 of the madhya pradesh public security act, 1959 (hereinafter referred to as the act) prohibiting him from remaining in any place in raipur district, directing him to reside within the municipal limits of jhabua town, district jhabua, madhya pradesh, and to proceed there immediately, and asking him to notify ..... the material distinction between this case and the case of ebrahim vazir, air 1954 sc 229 (supra) lies in the fact that there is no resemblance between the provisions of section 3(1) of the act and section 7 of the influx from pakistan (control) act, 1949, which was a drastic provision enabling the government to take action involving the extreme penalty of 'a virtual forfeiture' of a person's citizenship. ..... state of punjab (s) air 1955 sc 549 in regard to the extent of the executive power of the union government and of the states under articles 73 and 162 of the constitution. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT15
..... although they were not exigible from traders and the policing by penalizing, including forfeiting illegal exactions, the working of a taxing statute and inhibiting injury to the public and since the maharashtra act as applicable to the state of gujarat contained a prohibition against collecting such amounts from purchasers, a penalty and forfeiture the impugned provisions were valid inasmuch as these properly fell within ancillary and ..... the question raised in all these decisions was whether a provision directing the trader to 'cough up' collections wrongly made by him from the purchasers otherwise than in accordance with the provisions of the act and to make over the same to the government as also the further provisions obliging the state to refund the amounts so collected to the person or persons from whom these had been collected ..... at all reasonable time enter into and inspect any motor vehicle or premises where he has reason to believe that a motor vehicle is kept for the purpose of verifying whether the provisions of this act or any rules made thereunder are being complied with: provided that no officer shall be authorised under this sub-section with respect to motor cycles and motor cars :(2) any person driving a motor ..... has been obtained by fraud or misrepresentation or the vehicle has not been used for the purpose for which the permit was granted, or if the holder of the permit acquires the citizenship of any foreign country.32. ..... income-tax, air 1955 sc 58, and ..... , air 1955 sc 25 .....
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