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. .....
Tag this Judgment!Court : Mumbai Goa
..... respondent had been married to an italian lady and had acquired properties in his own name as well as in the name of his wife in italy, the respondent must be deemed to have acquired italian citizenship as per the italian law and ceased to be an indian citizen under section 9 of the citizenship act, 1955 and that, therefore, under sub-clause (d) of clause (1) of article 102 of the constitution of india, the respondent was disqualified for being chosen as a member of the lok sabha. ..... there was also no allegation that there had been a decision given on the question whether the respondent had ceased to be a citizen of india by the competent authority under the citizenship act, 1955 nor was it the case of the election petitioner that there was any such adjudication declaring that the respondent had ceased to be a citizen of india. ..... the hon'ble supreme court observed that in spite of a certificate of registration under section 5(1)(c) of the citizenship act, 1955 having been granted to a person and in spite of his having been enrolled in the voters' list, the question whether he is a citizen of india and hence qualified for, or disqualified from, contesting an election can be raised before and ..... the hon'ble supreme court held that the question regarding voluntary acquisition of citizenship of a foreign state is to be decided exclusively by central government under section 9(2) of the citizenship act and not by high court trying the election petition. .....
Tag this Judgment!Court : Mumbai Goa
..... it is alleged that indian citizenship act, 1955, does not allow for dual citizenship, that the accused has acquired portuguese citizenship although they are holding high public offices like police ..... of the indian citizenship act, 1955, indian passport act and the prevention of corruption act. ..... considering the arguments advanced by both the sides, it is necessary to mention here that the notification dated 29.10.2013 by which the learned special judge has envisaged the power under the act to conduct the cases is issued by the department of law and judiciary, law(establishment) division, government of goa which reads as follows:- on the recommendation of the hon'ble high court of bombay ..... facts, it is seen that the matter pertains to the dual citizenship of shri silva appears to be pending in the high court for ..... it appears that only against one accused i.e caetano silva who is stated to be sitting mla , has filed a writ petition with regard to his citizenship and the same is pending before the high court. ..... vaz, learned special public prosecutor has argued that the special judge appointed under the provisions of the act has to follow the procedure of a warrant trial by the magistrate and the magistrate have no powers to ..... it was further observed that what is envisaged in sections 5 and 6 of the delhi special police establishment act, 1946 (under which act, cbi has been constituted) is not one of conferring power on a magistrate to order the cbi to conduct investigation in exercise .....
Tag this Judgment!Court : Mumbai Goa
..... electrol registration officer, reported in 1995 3 scc 100, in which, it has been inter-alia held that the determination of the question of citizenship, even for limited purpose of some other law has to be done by the authority appointed under the citizenship act, in the light of the constitutional provisions and the provisions of the citizenship act, 1955. ..... 1, thereafter, has considered the provisions of the goa panchayat raj act, 1994 and the citizenship act, 1951 alongwith rules framed thereunder, in order to hold that the issue, whether the present respondent no ..... , on both these counts, namely, absence of jurisdiction to decide the issue of citizenship and as remedy of election petition being available to the petitioners, the respondent no. ..... has ceased to be an indian citizen and has acquired foreign citizenship, cannot be gone into, in such proceedings. ..... 1 had found that the issue of citizenship cannot be agitated or gone into by the respondent ..... 1 has acquired citizenship of another country? ..... it should have waited for the outcome of the petition, which was pending before the central government, at the instance of the petitioners on the issue of citizenship. ..... it is submitted that even otherwise, section 11 of the act contemplates reference of such a dispute to the election commission and the parties cannot approach directly. ..... is submitted that the petitioners ought to have filed an election petition under section 16 of the act, if at all, they wanted to challenge the election. .....
Tag this Judgment!Court : Mumbai Goa
..... any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act; provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or the ..... wife have obtained divorce by mutual consent by playing fraud on the court as the husband wanted to take citizenship of united states by registering the marriage of convenience with some us citizen. ..... defintion of domestic violence for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life limb or well-being, whether mental or physical, of the aggrieved person or tends to do ..... proviso she is not an aggrieved person, though otherwise she is under the act for taking action against the husband only. ..... is covered under sub clause 2(f) of the act, wherein the relationship between the parties should ..... has to read definition of respondent under section 2(q) of the act, which reads as follows: 2 (q) respondent? ..... of the chapter ii of the act which is captioned as domestic violence? ..... the act, various terms under the act are defined ..... section 3 of the said act covers different types of domestic violence which is physical abuse, sexual abuse, emotional abuse and so also various types of harassment threats, endangering lives verbal .....
Tag this Judgment!Court : Mumbai Goa
..... the learned judge has further found that the marriage between the petitioner and the respondent is subsisting and taking note of the provisions of section 6 and section 13 of the said act of 1956 took a view that under the said act of 1956 the custody of the hindu minor who has not attained the age of five years was ordinarily with the mother and that the welfare of the minor shall be paramount consideration. ..... in this connection, the apex court while dealing with a petition under article 32 of the constitution of india and deciding the case of interim custody claimed by the mother by relying upon the provisions of section 6 of the said act of 1956 in the judgment reported in (2000) 9 scc 745 in the case of sumedha nagpal v/s state of delhi and others has observed at paras 4, 5 and 6 thus : "4. ..... the learned counsel further pointed out that though the proviso to section 6 of the hindu minority and guardianship act, 1956 (herein after referred to as the act of 1956) provides that ordinarily the custody of a child below the age of 5 years is to be given to the mother, nevertheless, what is important is the welfare of the child and not the right to the parties under the statute. ..... the learned senior counsel further pointed out that in terms of the proviso to section 6 of the said act of 1956, there can be no doubt that up to the age of 5 years the custody of the minor child has to be with the respondent. ..... on the other hand, the respondent is an us national having american citizenship. .....
Tag this Judgment!Court : Mumbai Goa
..... ble supreme court held that in the matter of making an order for interim maintenance, the discretion of the court must be guided by the criterion provided in section 24 of the act, namely, the means of the parties and also after taking into account incidental and other relevant factors like social status; the background from which both the parties come from and the ..... a suit for dissolution of marriage against the petitioner, being matrimonial case no.20/2009, under the hindu marriage act, 1955 (the act, for short), which is pending. ..... sufficiency of the amount required under the above provision, the interim maintenance under section 24 of the act should be granted keeping in view the earlier grants already made during the relevant period or grants ..... order dated 16/11/2010, has observed that the consideration of the income contemplated under section 24 of the act does not mean that only the numerical figures shown in the income tax returns of a party can ..... and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself and the two minor children. ..... it may be true, as alleged by gaurav, that six months prior to the filing of the application under section 24 of the act, he was paying only rs.35,000/- per month to radhika and children towards maintenance and rent of rs.25,000/- per month in respect of the flat occupied by radhika .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent/wife, filed an application (exhibit d-18), for interim maintenance purportedly, under section 24 of the hindu marriage act, 1955 and the learned trial court, by the impugned order dated 08.04.2015 granted interim maintenance of rs.5,000/- per month. ..... it is contended on behalf of the petitioner that the application under section 24 of the hindu marriage act, 1955, was not maintainable in as much as the provisions of the said act are not extended to the state of goa. 10. ..... the marriage was solemnized at belgaum, (karnataka), in accordance with the hindu marriage act and the marriage is also registered under the said act. 11. .....
Tag this Judgment!Court : Mumbai Goa
..... calangute in taluka bardez;vi) newspaper establishments as defined in clause (d) of section 2 of the working journalists (conditions of service) and miscellaneous provisions act, 1955 (central act 45 of 1955).4. ..... the law in respect of the dock workers is seen and the provisions of the act like dock workers (regulation of employment) act, welfare act and the safety schemes prepared by port authorities are seen, it can be said that the workers which fall under the scheme of these acts are under control of the authorities created under these legislations. ..... this court has seen the schemes of indian dock labourers act, 1934, dock workers (regulations of employment) act 1948, dock workers (safety, health and welfare) act, 1986 with scheme of 1961 and also the regulations of 1990 and rules like dock workers (regulations of employees) ..... they provide for issuing stevedoring licence and that permits persons like respondent to act as stevedore at the port, to perform the work of landing and shipping of goods between ..... application filed by present respondent, business concern under section 75 of esi act to challenge the orders made by present appellant, corporation on 29/07/1998 and 17/08/2004, which were made to cover the establishment of respondent under esi act and to ask the respondent to give the contribution, is allowed ..... the insurance court also considered the submission that in view of the inapplicability act, 1997, the settlement which was arrived between the employer and the union will .....
Tag this Judgment!Court : Mumbai Goa
..... of mangala bhivaji lad'(supra), the appellant was not a legally wedded wife of the respondent and the question was whether a hindu woman who is married after coming into force of the hindu marriage act, 1955 to a hindu male having a legally wedded wife had right to claim maintenance. ..... urged that even if for the time being it is presumed that the applicant is married to the opponent, then also, the parties are governed by hindu marriage act and hence a hindu woman married after coming into force of the hindu marriage act, to a hindu male having a legally wedded wife, is not a legally wedded wife and cannot claim maintenance from that hindu male. ..... 1992 sc 756), wherein it was held that when a man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under section 114 of the evidence act, that they live as husband and wife and the children born to them will not be illegitimate. ..... insofar as the grant of maintenance of rs.5,000/- per month to the applicant, till the final disposal of the application under section 12 of the act, is concerned, is based of the settled principle of law and no interference with the same is called for. ..... (supra), the hon'ble apex court has held thus: as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to .....
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