Judgment Search Results Home > Cases Phrase: citizenship act 1955 Page 10 of about 142,712 results (0.094 seconds)

Dr. Soumen Paul Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2002)3CALLT329(HC)

..... in this writ application it is the contention of the petitioner that despite preferring a revision under section 15 of the citizenship act, 1955 challenging the decision refusing the grant of indian citizenship as passed under section 5(1)(a) of the citizenship act, 1955 (hereinafter referred to as 'the said act') as communicated by the district magistrate, south 24-parganas by his communication order dated 4th june, 2001 as yet, nothing has been communicated to the petitioner about the fate of such revision. ..... in view of quashing of the order, which is based on basic infirmity as no reason has been assigned, even if any order has been passed in the revision under section 15 of the said act, the same is also deemed, to be quashed and set aside.the respondents concerned are directed to hear the petitioner's case afresh and to adjudicate the petitioner's application for grant of citizenship within four weeks from the date of communication of this order. ..... hence, for adjudication of any application under the said act for citizenship the concerned authorities are required to satisfy on those two points. ..... from the impugned communication of the district magistrate, 24-parganas (south) appearing at page 50 of annexure p-5 against which the revision was filed by the petitioner under the said act, it appears that no reason was assigned as to why the petitioner's application for grant of citizenship in terms of section 5(1)(a) of the said act was rejected. .....

Sham Roj Vs. Addl. Superintendent of Police and ors.

Court : Kolkata

Reported in : AIR1978Cal252,81CWN1090

..... he could not 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. ..... rule, the petitioner has impeached an order in annexure 'b', which is dated 9th june, 1966 and whereby his application under section 9(2) of the citizenship act, 1955 (hereinafter referred to as the said act), was rejected and the consequential order in annexure 'd', which is dated 7th april. ..... there was no order passed by central government under section 9(2) of the citizenship act declaring him a foreigner, and on such facts it has been held:(i) that the petitioner being a minor at the time of migration to pakistan could not be said to have voluntarily migrated to pakistan so as to make article 7 of the ..... domicile of origin and himself acquires a fresh domicile elsewhere or when he is divorced for adultery and the custody of the children is given to his wife', the rejection of the application under section 9(2) of the said act as in this case, on the ground that the petitioner being a minor must have the domicile of the father, was improper and all the more so when the father had deserted or abandoned the minor at a tender ..... been stated by the petitioner that by such act, he has never compromised or forsaken his indian citizenship or nationality. .....

Yaro Khan @ Ahmad Shah Vs. Uoi and ors.

Court : Delhi

..... appellant had made an application under section 5(1)(a) of the citizenship act, 1955, for being registered as a citizen of india, it was held that the application for registration as an indian citizen totally repels any plea of citizenship of the appellant. ..... to show that he was born in india; rather the material on record showed that in 1962, he applied as a pakhtoon national seeking permission to stay in india; that there was no question of having acquired citizenship by mere prolonged stay; that the very fact that he sought permission as a foreigner to stay in india falsified his stand of his being an indian citizen; that he continued to be a foreigner and had no right to ..... the earlier two writ petitions preferred by the petitioner, the petitioner by way of this writ petition seeks declaration of his indian citizenship, relying on, i) certificate of birth dated 07.09.2006 issued by the department of economics and statistics of the government of nagaland under section 17 of the registration of births & deaths act, 1969 and ii) a letter dated 16.01.2003 purportedly of the embassy of the transitional islamic state of afghanistan at new delhi ..... guwahati; that he is a kingpin in hawala and smuggling business and has amassed wealth through illegal means; that the very fact that he had applied for citizenship was indicative of his not being an indian citizen; that the ration card and other documents fraudulently obtained by him by misrepresenting facts did not vest any rights in him. 7. .....

Salim Khan Alias Hassan and Naimeun Nisa Alias Husna Vs. Union of Indi ...

Court : Orissa

Reported in : 1999(II)OLR347

..... 1998 to treat salim as a citizen of india keeping in view the provisions of article 5 of the constitution of india, 1950 (in short, the 'constitution') and section 5(1)(b) and section 5(1)(c) of the citizenship act, 1955. ..... after reaching cuttack, he submitted an application under the citizenship act before the state government as well as before the secretary to the government of india, ministry of external affairs requesting them to treat him as a citizen ..... it is to be noted that section 9 of the citizenship act has no application to petition under article 226 of the constitution against a person under section 3(2)(c) of the act, because the question therein is whether that person is a foreigner or an indian citizen (see the union of india and ..... of the citizenship act provides for termination of citizenship of an indian citizen if he has (subject to the proviso) by naturalisation, registration or otherwise, voluntarily acquired citizenship of another country ..... citizenship rules, 1956 (in short, the 'citizenship rules') framed under section 18 of the citizenship act deal with various aspects relating to citizenship ..... to section 9 of the citizenship act at this juncture would be ..... the provisions of the constitution in regard to such matters, citizenship act has been enacted. ..... of rule 30 provides that if any question arises as to whether, when or how any person has acquired the citizenship of another country, the determination has to be made in terms of section 9(2) of the citizenship act. .....

Shamim Bano Vs. the Union of India (Uoi) and ors.

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. .....

A.K. Mukherji Vs. Prodip Ranjan Sarbadhikary and ors.

Court : Kolkata

Reported in : AIR1988Cal259,92CWN539

..... dasgupta has, however, drawn our attention to the provisions of the citizenship act, 1955 and the rules made thereunder and also to the provisions of the canadian law of citizenship and has urged that the respondent-landlord having once renounced indian citizenship, it would be extremely difficult for him to acquire indian citizenship again, this question, in our view, would have been relevant if the law was that in india a person cannot reasonably require a premises for his own ..... dasgupta, under section 6(3) of the citizenship act, 1955, the respondent, having once renounced his indian citizenship, cannot be registered again as a citizen of india except by the order of the central government. ..... dasgupta has pointed out that the respondent-landlord, though of indian origin, and formerly an indian citizen, has renounced his indian citizenship and is now a citizen of canada, employed in a high-ranking teaching post with lucrative remunerations in a canadian university, has a foreigner wife of spanish origin who is also now employed in canada and his three children are also ..... dasgupta has also drawn our attention to the provisions of rule 16c of the citizenship rules, 1956 wherein a citizen of canada, in order to apply for citizenship of india, must be residing in india throughout a period of twelve months immediately preceding the date of the application and must also, during the seven years immediately preceding the said period of twelve months, have resided in .....

Razia Begum and ors. Vs. State and ors.

Court : Delhi

Reported in : 152(2008)DLT630

..... in this regard, section 3 of citizenship act, 1955 is reproduced below:citizenship by birth-(1) except as provided in sub-section (2), every person born in india(a) on or after the 26th day of january, 1950, but before the 1st day of july, 1987;(b) on or after the 1st day of july, 1987, but before the commencement of the citizenship (amendment) act, 2003 and either of whose parents is a citizen of india at the time of his birth;(c) on or after the commencement of the citizenship (amendment) act, 2003, where-(i) both the his ..... 4 and 5 have become foreign national as per section 3 of the citizenship act, 1955. 15. ..... conferring of citizenship is an act which is governed by law ..... as both of them are bangladeshi nationals so they cannot claim indian citizenship on the ground that one of their parents is a foreign national. ..... it is fairly conceded by the counsel for the petitioner that sheikh hasina is a bangladeshi national and that she has not applied for indian citizenship after her marriage with mohd. ..... merely, because ration card or election identity card has been obtained by fraudulent means, it does not ipso facto confer citizenship upon the foreigners. ..... in order to establish one's citizenship, he may produce (or required to give evidence) of (i) his date of birth (ii) place (iii) name of his parents (iv) their place of birth and citizenship. ..... 2 to 5 are bangladeshi nationals and dcp, frro is fully empowered under foreign national act, 1946 to deport them as they are illegal immigrants. .....

Cheelil Thottolil Asia Vs. Union of India (Uoi) and anr.

Court : Kerala

Reported in : AIR1988Ker231

..... direction to the second respondent to determine the citizenship of moidu haji, to which the first prayer is related, it has to be noted that the petitioner's husband has not so far made any application to the first respondent under section 9(2) of the citizenship act, 1955 to determine his national status. ..... writ of mandamus directing the respondents to refrain from deporting moidu haji, second, directing the first respondent to determine the citizenship of moidu haji before deporting him to pakistan, third, directing the second respondent to release moidu haji from custody forthwith and fourth, to direct the respondents not to detain moidu haji till the first respondent declares the nature of his citizenship after due enquiry under section 9 of the citizenship act, 1955. ..... i do not find any obligation cast on the central government under the citizenship act to decide such a question unless the party concerned moves the central government for the purpose, when the entry into the country was under a foreign passport and prima ..... remembered that moidu haji, despite his numerous visits to this country, has not so far chosen to apply for determination of his national status under section 9(2) of the citizenship act. ..... an indian visa to decide the question of his national status before being deported may be, the mere acquisition of a pakistani passport is not sufficient to hold that there is an abandonment of indian citizenship, assuming that moidu haji was an indian citizen at any time. .....

Vijay Kumar Chaudhary Son of Yogendra Prasad Choudhary Vs. the State E ...

Court : Patna

Reported in : 2010(58)BLJR172

..... the citizenship act 1955 provides for acquisition of citizenship by birth if both his parents are citizens of india and the mother is not an illegal migrant at the time of ..... court has examined the provisions of the nepalese citizenship act 1964 and has quoted section 9 thereof which provides that the citizenship of any nepali citizen shall automatically lapse on his acquiring citizenship of any foreign country of his own will. ..... of the citizenship act provides for termination of citizenship when any citizen of india, who by naturalization, registration or otherwise voluntarily acquires the citizenship of another ..... place of birth of his grandparents may also be relevant, such as under section 6-a(1)(d) of the citizenship act. ..... parties to produce evidence and also got the matter enquired by the district magistrate, madhubani who submitted a report to the state election commissioner against the appellant that he had acquired nepali citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of nepal. ..... court has held that on the basis of evidence available on record it is clear that the appellant opted for citizenship of nepal at the age of 17 years as per certificate of nepali officials issued during enquiry in the present ..... 2001) 8 scc 2333 in support of the proposition that disability on the ground of citizenship, under the provisions of the representations of the people act 1951 has been held to be triable by the statutory authority, i.e. .....

Vijay Kumar Chaudhary, Son of Yogendra Prasad Choudhary Vs. the State ...

Court : Patna

..... the citizenship act 1955 provides for acquisition of citizenship by birth if both his parents are citizens of india and the mother is not an illegal migrant at the ..... has examined the provisions of the nepalese citizenship act 1964 and has quoted section 9 thereof which provides that the citizenship of any nepali citizen shall automatically lapse on his acquiring citizenship of any foreign country of his own ..... the citizenship act provides for termination of citizenship when any citizen of india, who by naturalization, registration or otherwise voluntarily acquires the citizenship of ..... birth of his grandparents may also be relevant, such as under section 6-a(1)(d) of the citizenship act. ..... produce evidence and also got the matter enquired by the district magistrate, madhubani who submitted a report to the state election commissioner against the appellant that he had acquired nepali citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of nepal.. ..... has held that on the basis of evidence available on record it is clear that the appellant opted for citizenship of nepal at the age of 17 years as per certificate of nepali officials issued during enquiry in the ..... 8 scc 2333 in support of the proposition that disability on the ground of citizenship, under the provisions of the representations of the people act 1951 has been held to be triable by the statutory authority, ie, the election tribunal in view of nature of provisions of that act. .....