Judgment Search Results Home > Cases Phrase: citizenship act 1955 Court: mumbai Page 1 of about 10,822 results (0.066 seconds)

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

..... dated 18th may, 2006 to the petitioner under the provisions of section 7a(1) of the citizenship act, 1955, which was cancelled in public interest under the provisions of section 7d(e) of the citizenship act vide order dated 14th february, 2007. ..... in this context, it cannot be forgotten that the citizenship act, 1955 was amended in 2003, and the provisions such as section 7d were ..... the provisions of section 7d(e) of the citizenship act, 1955 contemplate and empower the central government to cancel the registration granted, if it is satisfied that it is necessary to do so in the interest of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, ..... facts and circumstances of the petitioner by the appropriate security agency of the central government had submitted an adverse report which necessitated the cancellation of the oci registration granted to the petitioner under section 7d(e) of the citizenship act, 1955, read with section 7d.17. ..... the citizenship act, 1955 provides for the manner and methods by which a person could acquire a citizenship of india and ..... in terms of article 9 of the constitution of india and section 9 of the citizenship act, once an indian citizen acquires the citizenship of any foreign state, he ceases to be an indian citizen and the action of the government of india to grant and/or terminate the registration of an overseas citizen who is a foreigner is unfettered, absolute and taken in exercise of its .....

Abdul Rahim Khan Vs. the Union of India and anr.

Court : Mumbai

Reported in : AIR1977Bom274; (1977)79BOMLR105

..... has acquired the citizenship of another country, but the only authority to so decide is the government of india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955. ..... citizenship act, 1955, and rule 30 read with schedule iii of the citizenship ..... has construed and toned down the scope and operation of schedule iii by a harmonious reconciliation of the paragraphs of that schedule with the provisions contained in section 9 of the citizenship act, 1955. ..... vires the citizenship act, 1955. ..... 1970 passed by the joint secretary to the government of india, ministry of home affairs, new delhi, determining the status of the petitioner under section 9(2) of the citizenship act, 1955. ..... that this was a rule of evidence and fell within the scope prescribed by section 9(2) of the citizenship act, and the challenge to its validity on the ground that it was a rule of substantive law ..... the question whether a citizen of india has between 26th january 1950 and the commencement of the citizenship act ceased to be a citizen of india is to be determined in the manner provided by the combined ..... (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 commencement, cease to be a citizen of india:provided that nothing in the subsection .....

State Vs. Ghoraishi (Qureshi) Sayed Mohomed

Court : Mumbai

Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278

..... the learned additional chief presidency magistrate observed as follows:'section 9(2) of the citizenship act, 1955, provided that 'if any question arises as to whether, when or how, any person had 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 ..... view which he took ho relied on the provisions of section 9 of the citizenship act, 1955, and the rules framed thereunder. ..... as i will presently point out, the question as to whether any decision under section 9 of the citizenship act and under the rules framed thereunder, is necessary is dependent on whether a person, in the first instance, was an indian national and, further, whether subsequently he acquired the ..... section 9 is as follows:-'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 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 ..... change in nationality has taken place is taken out of the jurisdiction of courts, and that question is left to be decided solely by such authority as may have been prescribed under the provisions of section 9 of the citizenship act and the rules framed thereunder. .....

Brijlal Zumbarlal Sarda Vs. Amrulla Asadulla Irani and ors.

Court : Mumbai

Reported in : 1986(3)BomCR681

..... this writ petition, which comes up before us for admission today, challenges the order of government of india, ministry of home affairs, dated the 1st may, 1986 passed under the provisions of section 9(2) of the citizenship act, 1955. ..... the matter of citizenship is one between the person who claims it and the central government. ..... , the central government, to decide whether or not the 1st respondent had voluntarily acquired iranian citizenship. ..... no other person can challenge the grant or refusal of citizenship. ..... heard the 1st respondent and, on the orders of the supreme court, the petitioner, had passed the order dated 1st may, 1986 holding that the 1st respondent had not voluntarily acquired iranian citizenship. ..... the central government passed an order on 21st march, 1986 holding that the 1st respondent had voluntarily acquired iranian citizenship. ..... the order holds that the first respondent had not voluntarily acquired iranian citizenship.4. .....

Major Yogesh Chandra Madhav Sayanakar and anr. Vs. the Chief of Army S ...

Court : Mumbai

..... in mumbai and pune along with her grandparents from august 2008 to april 2009 petitioner no.2 also worked in mumbai from september to november 2008 and on 11 september 2008 petitioner no.2 became an overseas citizen of india under the citizenship act, 1955.it was during her stay in pune in march 2009 that petitioner no.2 met petitioner no.1 and thereafter they got engaged in december 2009 after the parents of petitioner no.2 visited india in august 2009 to finalize her engagement with ..... a written undertaking from the foreign national to the effect that she/he will renounce her/his original nationality and accept indian citizenship as soon as the indian citizenship act, 1955 permits her/him to do so, as per appendix c to this order. ..... the army for personal reasons as per appendix "b" ; (b) a written undertaking from the foreign national (prospective spouse) as per appendix c to the effect that she will renounce her original nationality and accept indian citizenship as soon as the indian citizenship act, 1955 permits her to do so. ..... (ii) where an officer makes an application for permission to marry a foreign national with an undertaking from the foreign national (prospective spouse) to the effect that she will renounce her original nationality and accept indian citizenship and in the event of failure and/or refusal by the spouse after marriage to change her nationality as per such undertaking, the case shall be processed with a view to release/retire the officer from service without .....

State Vs. Sharifbhai Jamalbhai

Court : Mumbai

Reported in : AIR1959Bom192; (1958)60BOMLR1186; 1959CriLJ577; ILR1958Bom1422

..... section 18, sub-section (2), clause (h) of the citizenship act, 1955, provides that the central government may, by notification in the official gazette, make rules to carry out the purposes of this act and in particular and without prejudice to the generality of certain powers, such rules may provide for the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases. ..... as i have stated above, pursuant to the power conferred upon the central government under section 18 of the citizenship act, 1955, the said government had power to frame such a rule. ..... it is pursuant to this power conferred upon the central government under section 18 of the citizenship act, 1955, that the citizenship rules, 1956, were framed and amongst the citizenship rules we find rule 30. ..... next important point to be remembered is that although a person may be a citizen of a particular country to start with, there is nothing to prevent him from abandoning that citizenship and acquiring a citizenship of another country, now, when a question arises of person relinquishing his citizenship of another country, it has got to be decided upon evidence and it is in that context that a rule of evidence is framed by the central government under the rule-making power conferred upon the said government by section 18 of the citizenship act, 1955. .....

The State Vs. Mahmadkhan Navrangkhan

Court : Mumbai

Reported in : AIR1959Bom359; (1959)61BOMLR164; 1959CriLJ1053; ILR1959Bom875

..... learned government pleader was that in view of rule 3 specified in schedule iii of the citizenship rules, 1956, made under section 18 of the citizenship act, 1955, the fact that the respondent (though originally a citizen of india) had obtained a passport on 9-6-1952 from the government of pakistan shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date and therefore it was not now open to respondent ..... hereby entrusts to that government the functions of the central government in making orders of the nature specified in clause (c) of sub-section (2) of section 3 of the foreigners act, 1946 (xxxi of 1946) in respect of foreigners other than enemy foreigners as defined in the enemy foreigners order, 1939, subject to the following conditions namely: (1) that notwithstanding ..... the definition as it was in force when he entered in india; and in view of the undisputed position that he was a natural born british subject within the meaning of section 2(a) clause (i) of the act, it must be held that he was not a foreigner and therefore not obliged to comply with the provisions of paragraph 7 of the foreigners order, 1948. ..... section 12 reads : 'any authority upon which any power to make or give any direction, consent or permission or to do any other act is conferred by this act or by any order made thereunder may, unless express provision is made to the contrary, in writing authorise, conditionally or otherwise any authority subordinate .....

Caetano R. Silva Vs. Prescribed Authority, Minister of Home Affairs an ...

Court : Mumbai Goa

..... the deputy secretary, ministry of home affairs, passed an order on 20/11/2013, operative part of which reads thus: now, therefore, the central government in exercise of the powers conferred on it under section 9(2) of the citizenship act, 1955 and rules made there under determines that shri caetano rosario silva resident of goa ceased to be a citizen of india from the date he registered his birth with the central registry of births, marriages and deaths of ..... a petition before the prescribed authority of the government of india under section 9(2) of the citizenship act, 1955 (the act of 1955, for short) read with rule 30 and schedule iii of the citizenship rules, 1956 (the citizenship rules, 1956, for short) against the petitioner for the following reliefs : a) it be declared that the respondent is a portuguese national; b) it be declared that the respondent has voluntarily given up the citizenship of india in terms of article 9 of the constitution of india; c) the name of the respondent be ordered ..... in the case of dipali chadha (supra), on which a common reliance is placed by the petitioner and the third respondent, the question was whether the petitioners are entitled to claim citizenship by descent by virtue of section 4(1) of the act of 1955 and if so, whether they had voluntarily acquired the citizenship of any other country, since they had obtained passports from governments of briton and finland. .....

Mohammad Hassan Jafari Naeimi Vs. Union of India and Others

Court : Mumbai

..... are enjoyed by the overseas citizens of india are by virtue of section 7(b) of the citizenship act, 1955. ..... that they have already moved application for registration of overseas citizens of india within the meaning of section 7(a) of the citizenship act, 1955. ..... that the provisions of citizenship act, ..... case, the court was considering the provisions of the citizenship act. ..... in the case of hans muller of nurenburg (supra) as also in the case of louis de raedi (supra), has unmistakably held that foreigners act bestows absolute power with the central government and there is unfettered discretion vested in the authority. ..... the term passport and entry as appearing in this statute and the power to make rules thereunder would enable the petitioner to urge and for us to hold that on fulfillment of the conditions prescribed in this act and the rules, a person who possesses the passport is entitled to enter india and reside therein. ..... petitioners were to succeed in getting registration of overseas citizenship of india, the situation would be no different. ..... the petitioners have not claimed that they are citizens of india or have acquired citizenship of india, as the case may be. ..... we expect that all the officers act and comply with the spirit of law and not the ..... further, the foreigners act, 1946 confers power on the competent authority to expel foreigner from india which is absolute and unfettered discretion and, as there is no provision fettering this discretion in the constitution, an unrestricted right .....

Khair Mohamed Reas Mohamed Vs. State of Maharashtra

Court : Mumbai

Reported in : 1994(4)BomCR196

..... the defendant further contended in the said written statement that in any event the claim of the plaintiff to indian citizenship stood terminated by reason of the voluntary acquisition of pakistan passport in view of the provisions contained in section 9(2) of the citizenship act, 1955 read with rule 30 and rule 3(2) to schedule ii to citizenship rules, 1956. ..... section 5 of the citizenship act, 1955 enables non-citizens to make an application to the central government for citizenship by registration in the situation specified therein. ..... the appellant is always at liberty to make such an application in accordance with law if he is covered under section 5 of the citizenship act 1955. ..... 283062 dated 12-3-1955 valid till 12-3-1960 from the passport officer, government of pakistan at karachi on the basis of an express representation to the effect that the plaintiff was a citizen and national of pakistan under the pakistan citizenship act, 1951. ..... court that the appellant was not a citizen of india at the commencement of the constitution, the appellant may be granted leave by the court to make the necessary application to the central government or the prescribed authority for citizenship by registration as contemplated under section 5 of the said act. .....