Court : Rajasthan
Reported in : AIR1972Raj272; 1972()WLN245
..... he has also submitted in this connection that under section 9 of the citizenship act, 1955 if any question arises as to where, when or how any person has acquired the citizenship of another country, it shall be determined by such authority (central government) in such manner and having regard to such rules of evidence as may be prescribed in this behalf, and since this has not been ..... acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955. ..... to dispose of the other allied contention of the petitioner that the question whether, when and how any person has acquired the citizenship of another country shall be determined by the central government under section 9(2) of the citizenship act, 1955. ..... behalf of the petitioner based on section 9 of the citizenship act has no substance and is also rejected.29. ..... high court, air 1954 all 456; air 1960 all 637 and air 1965 all 191, it has been held that an infant is unable to acquire a domicile of choice by his own act and in this connection reliance was placed on the following passage in cheshire's private international law (6th edition page 190) :--'the primary rule is that the domicile of an infant automatically changes with any change ..... section 9 of the said act has application only to those persons who are alleged to have voluntarily acquired the citizenship of another country at any time between 26-1-1950 and the commencement of that act i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj182
..... contended that the respondents were authorised to deport the petitioner under section 5 of the indian passport act, 1920, and that this writ application should be dismissed.it is further urged that the petitioner may approach the central government under section 9 of the citizenship act, 1955, read with rule 30 of the citizenship rules, 1956, and this court should not interfere in the matter, since the said remedy ..... shows that if a question arises as to whether, when or how any person has acquired the citizenship of another country, the authority to determine such question for the purposes of section 9(2) of the citizenship act, 1955, will be the central government. ..... citizenship act, 1955, ..... by learned deputy government advocate with regard to section 9 of the citizenship act, 1955. ..... ismail having come on a passport from pakistan, there was an initial presumption against him that he had acquired the citizenship of that country; in the present case, the petitioner has been denying throughout if he ever went to pakistan or that he had returned ..... 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 war in which india may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj98
..... contended by the petitioner that on 28th may, 1979, she moved an application for obtaining a certificate of registration under sections 5(1)(d) and 5(4) of the indian citizenship act, 1955. ..... the basic question for determination is, whether preferential right of custody of the minor children under the muhammedan law shall prevail against the provisions of citizenship act, and the nationality acquired by the children during the lifetime of the father. ..... must be determined by the central government under the citizenship act and the rules made thereunder and not by any ..... it has also been very vehemently contended on behalf of the petitioner that if the deportation order is not stayed, then the petition for securing the indian citizenship of these minor children would become infructuous and the petitioner would be put to a great and irreparable loss, and the minor children shall be deported out ..... citizenship act shall prevail and children shall acquire the ..... khan, air 1962 sc 1778, wherein it has been held that the question as to whether a person has lost his citizenship of this country and has acquired the citizenship of a foreign country has to be tried by the central government and it is only after the central government has decided the point that the state government can deal with ..... 182, wherein it has been held that the central government is the special tribunal created under the act and rules to determine whether, when or how any person has acquired the citizenship of another country. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ1607; 2001(4)WLN64
..... second appeal confirming the decree under appeal with a rider that ad interim stay order granted by this court on 12.2.86 shall continue to remain operative till the question relating to citizenship of the plaintiff-appellants is not finally decided by an appropriate authority as postulated under sub-section (2) of section 9 of the indian citizenship act, 1955 read with the rules framed thereunder provided the plaintiff-appellants within a period of one month from today file an application under the aforesaid ..... in case of mohammad din (supra), their lordships ruled that from the amplitude of the language employed in section 9 of the indian citizenship act, 1955, the legislative intention has been made clear that all cases which come up for determination where an indian citizen has voluntarily acquired the citizenship of a foreign country after the commencement of the constitution i.e. ..... after january 26, 1950 and after the commencement of the indian citizenship act, 1955 is within the exclusive jurisdiction of the central government. ..... it is further held by their lordships in case of mohammad din (supra) that in such cases, the civil courts have no jurisdiction to decide the issue arising in a suit instituted after commencement of the indian citizenship act, 1955 as the centralgovernment alone has been conferred to determine such questions relating to citizenship. '6. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj284
..... however, an additional substantial question of law, which further emerges in the present case, is about jurisdiction of the civil court after coming into force of the citizenship act, 1955 as in the present case birth of the appellant-mohammad kayum in jaipur in the year 1933 is not disputed but as per visa exhibit a-4 he migrated to pakistan in 1948 and remained there upto 1960 and after obtaining passport ..... shah mohammad 0065/1969 : [1969]3scr1006 their lordships of the hon'ble supreme court held that the questions falling within section 9(2) of the citizenship act, 1955 have to be determined to the extent indicated therein by the central government and not by the courts. 35. ..... shah mohammad (supra) and held that the civil court will have no jurisdiction to decide the issue arising in a suit instituted before the commencement of the citizenship act, 1955 as the central government alone has been constituted as exclusive forum for the same. 36. ..... for ready reference, article 5 of the constitution of india, section 9 of the citizenship act, 1955 and rule 30 of the citizenship rules, 1956, are reproduced as under:article 5 of the constitution 5. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989CriLJ1163; 1988(2)WLN303
..... for the applicability of section 9 of the citizenship act, 1955 the foremost and basic condition is that the person concerned should be citizen of india and the question should arise whether by naturalisation, registration or otherwise, he had voluntarily acquired at any time between 26th january, 1950 and the commencement of the citizenship act, 1955, the citizenship of another country. ..... on the basis of the provisions contained in section 9(2) of the citizenship act, 1955 and the decision of their lordships of the supreme court in state of gujarat v. ..... clearly therefore, the basic conditions that the person concerned should be citizen of india as envisaged by section 8 of the citizenship act 1955 were satisfied.4. ..... the petitioner having failed to establish that he was citizen of india, no question arises of the applicability of section 9(2) of the citizenship act, 1955.5. ..... yakub ibrahim : 1974crilj597 the learned counsel for the petitioner contends that a question had arisen as to whether, when or how the petitioner had acquired the citizenship of pakistan and this question could only be determined by competent authority prescribed under the said provision.2. ..... it is clear from the provisions contained in section 9 of the foreigners act, 1946 that the onus of proving that the person concerned is not a foreigner lies upon the person asserting it. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN8
..... the present case it is obvious that the petitioner hari khan voluntarily entered the territory of pakistan in the course of partition of india during the year 1947 his case, therefore, is not governed by section 9 of the indian citizenship act, 1955, as that section would apply only with respect to the persons who migrated from india after january 26, 1950, and not with respect to those persons who migrated prior to the promulgation of the constitution. ..... 9 provides that no person shall be a citizen of india by virtue of article 6 or article 8 if he has voluntarily acquired the citizenship of any foreign state if foreign citizenship has been acquired between january 26, 1950, and, the enforcement of the citizenship act, 1955, the case would be governed by the provisions of the citizenship act : vide izhar ahmad khan and ors. v. ..... contention raised on behalf of the petitioners is that under section 9(2) of the citizenship act, 1955, read with rule 30 of the citizenship rules, 1956, the authority to determine the question whether, when or how the accused acquired the citizenship of pakistan was the central government. ..... view of the matter, the petitioners cannot be heard to say that their case should be determined in accordance with the provisions of section 9 of the citizenship act in other words, judicial courts are empowered to decide the question whether the petitioners are indian citizens or foreigners, and section 9 of the citizenship act, 1955, will not stand as a bar to it.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLN143
..... for the petitioner has submitted that without determining under section 9 of the citizenship act, 1955 that the petitioner has voluntarily acquired the citizenship of pakistan. ..... facts set up by the respondent could not be prosecuted or convicted without a determination under section 9 of the citizenship act, 1955. ..... acquired the citizenship of pakistan between 26th january, 1950, and the commencement of the citizenship act on 30th december, 1955. ..... the rules framed by the central government under section 18 of the citizenship act, had provided that the passport shall be conclusive proof that its holder has acquired the citizenship of the country whose passport he holds. ..... but in view of section 9(2) of the citizenship act, the question whether a person voluntarily acquired the citizenship of any other country during the specified period, could only be determined ..... the citizenship of imam @ ilai bux in accordance with section 9(2) read with rule 30 schedule iii of the citizenship act, the accused cannot be prosecuted or convicted under section 14 of the foreigners act. ..... appear before the competent authority within two months from today and the competent authority shall determine the citizenship of the petitioner after giving him full opportunity to prove his case. ..... 1, jodhpur camp-jaisalmer dated 16-5-81 whereby while maintaining the conviction under section 14 of the foreigners act passed by learned munsif and judicial magistrate, pokaran dated 8-10-80, reduced the sentence from two years .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)318
..... the petitioners who are admittedly pakistan passport holders and who entered india on the basis of the said passports on march 12, 1980, have since made an application dated may 21, 1980, under rule 30, citizenship rules, 1956, made by the central government in exercise of powers conferred by section 18 of the citizenship act, 1955 for determining the question as to whether or not they bad acquired the citizenship of pakistan and as such lost india citizenship. ..... the petitioners filed the present writ petition of june 5, 1980, praying the same relief which they have prayed in their application mentioned above made to the central government under rule 30 of the citizenship rules, 1956 and for the additional relief to issue a direction to the government of rajasthan that on the expiry of their visa on june 10, 1980, they may not be deported from this country. ..... the said application is still pending decision by the central government in accordance with the provisions of citizenship rules, 1956. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN544
..... besides, if the petitioner thinks that his case is governed by section 9 of the citizenship act it is open to him to get the question of his citizenship decided by making appropriate application in accordance with law to the authority concerned under the citizenship act, 1955. ..... it is true that the question whether the petitioner having once been an indian citizen has renounced that citizenship and acquired a foreign nationality at any time between 26.1.1950 and the date of commencement of the citizenship act, 1955, i. e. ..... the first point for determination, therefore, is whether the petitioner went to pakistan before the coming into force of the constitution, that is, 26 (sic) 1950 or at any time between 26.1.1950 and the commencement of the citizenship act, 1955, that is 13.12.1955. ..... the argument further proceeds that unless the question of the petitioner's termination of citizenship is first determined by the central government which is the prescribed authority under section 9 of the citizenship act, the petitioner cannot be treated as a pakistan national or a foreigner and chapter ii of the foreigners (internment) order, 1962 can have no application to him. ..... moreover, abdul khader and rahmatullah's cases referred to above were of convictions under the foreigners' act and mohammad ayub khan's case was under the citizenship act. ..... it is contended that under sub-section (2) of section 9 of the citizenship act. .....
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