Court : Orissa
Reported in : AIR1961Ori150; 26(1960)CLT610; 1961CriLJ353
..... citizenship, unless he gets himself registered as an indian citizen under sub-section (4) of section 5 of the citizenship act, 1955 ..... 4(1) and section 8(2) of the indian citizenship act 1955 are based. ..... concerned for being registered as a citizen of india, but they were rejected.it is true that a passport alone is no evidence of citizenship, but apart from the passport the other admitted facts mentioned above show clearly that the petitioner ceased to be a citizen of india. ..... to a 'permit'' within the meaning of paragraph 7 of the foreigners order, but i think it would be an order from the state government within the meaning of section 3 of the foreigners act.that section authorises the central government (or its delegated authority) to issue order either generally with respect to all foreigners or specially with reference to a particular foreigner.it is not disputed that the state government ..... as 'anyone who was not a natural born british subject' but by virtue of the amendment brought about by the foreigners laws (amendment) act 1957 (act xi of 1957), the definition of this expression was amended retrospectively from the 19th january, 1957 as follows:' 'foreigner' means any person who is not a citizen of india'.the alleged date ..... therefore, hold that the petitioner is a 'foreigner' and that he was rightly convicted under section 14 of the foreigners act -- though the mention of paragraph 7 of the foreigners order in the charge was inaccurate.the conviction and sentence are upheld .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; [1970]1SCR87
..... the central government also promulgated under section 7 of the citizenship act, 1955, the goa, daman and diu (citizenship) order 1962 and as it directly concerns the present matter we may reproduce the second paragraph of the order (in so far as it is material to our purpose) ..... the acts so extended were the citizenship act of 1955, the foreigners act 1946 and the registration of foreigners act, ..... 573) puts it :the subjugating state can, if it likes allow them to emigrate, and to renounce their newly acquired citizenship, and its municipal law can put them in any position it likes, and can in particular grant or refuse them the same rights as those which its citizens by birth enjoy.the geneva conventions ceased ..... of publication of this order in the official gazette that person makes a declaration in writing to the administrator of goa, daman and diu or any other authority specified by him in this behalf that he chooses to retain the citizenship or nationality which he had immediately before the twentieth day of december, 1961.provided further ...4. ..... father monteiro indian nationality and citizenship which he refused and retained his ..... before we consider the geneva conventions, which form schedules to the act, it is necessary to look at the act itself to see what rights it confers in relation to the conventions, and whether it gives a right ..... we need not consider them because by the twentieth section of the present act, the former ceases to have effect as part of the law of india and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2166; 1972CriLJ1441; (1972)2SCC320; [1973]1SCR685
..... 429 that it would be article 7 and not the citizenship act, 1955 which would apply to a case where a person has migrated to pakistan between march 1, 1947 and january 26, 1950 when the constitution ..... high court, if the amended definition applied to the respondent it would be the central government and not a court of law which could under the citizenship act, 1955 be the appropriate authority to deal with such questions.5. ..... our view the respondent was a foreigner when he entered india in april 1955 as the definition of foreigner then stood, and by overstaying beyond the period permissible under the visa on the strength of which he had entered india he clearly committed breach of clause 7 of the foreigners' order, 1948 and was liable to be punished under section 14 of the foreigners act, 1946, he was, therefore, rightly convicted and sentenced by the trial ..... by the high court was that as in the case of fida hussain : [1962]1scr776 the respondent was a natural born british subject, that being so he was at the date of his entry in india in april 1955 a citizen of india under article 5 of the constitution and that he was governed by the definition of a foreigner in the foreigners act before that act was amended in 1957. ..... with the point arising in the present appeal, that is with regard to a person who, notwithstanding article 5, is to be deemed not to be a citizen under article 7, and therefore, a foreigner within the meaning of section 2(a) of the foreigners act as it stood in 1955. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC362
..... therefore, the central government in exercise of the powers conferred on it under section 9(2) of the citizenship act, 1955 and the rules made thereunder had no hesitation whatsoever to declare her a pakistani national for the act of renouncing her indian citizenship after 25th january,1994 when she obtained second pakistani passport and became major.2. ..... at the same time in paragraph 3 of the instructions the concerned authority has made a note that if the applicant is holding valid passport and residential permit since 1994 she can make an application for grant of indian citizenship as a person married to a citizen of india or as a person of indian origin, provided she has completed seven years of stay in india.5. ..... in terms of rules 7 and 9 of the citizenship rules, 1956 the purpose will be subserved. ..... by obtaining pakistani passport she preferred to renounce her indian citizenship voluntarily. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal386
..... the opinion that the petitioner whose name appeared as a voter in the electoral rolls would not be deemed to have forfeited his right to be elected as prodhan unless the question as to loss or acquisition of his citizenship was determined by the appropriate authority, namely, the central government under section 9(2) of the citizenship act, 1955. ..... voluntarily obtained or not still remains to be determined by the central government under section 9(2) of the citizenship act if the plea is raised that such a passport was not voluntarily obtained, after giving an opportunity to the aggrieved person to rebut conclusive presumptions created under rule 3 of schedule iii of citizenship rules, this is the view taken by the supreme court in mohammad ayub khan v. ..... was) observed (at page 648 paragraph 13 of the report) inter alia as follows:--'.........if a dispute arises as to whether an indian citizen has acquired the citizenship of another country, it has to be determined by such authority and in such manner and having regard to such rules of evidence as may be prescribed ..... was a finding of the election tribunal that the petitioner never acquired the citizenship of india under the constitution and that he never became a citizen of ..... to the additional affidavit of the petitioner asserted that he is an indian citizen owing allegiance to india and remains an indian citizen by virtue of article 5 of the constitution and his citizenship did not suffer any eclipse because of partition of india. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori145; 1965CriLJ232
..... to whether a person has acquired the citizenship of a foreign state falls to be considered, the jurisdiction to decide that question vests exclusively in the government of india, and in deter, mining the said question the government of india may exercise its powers as prescribed by the relevant rules framed under section 9(2) of the citizenship act, 1955. ..... order made, or direction given thereunder, whether any person is or is not a foreigner, the onus of proving that such a person is not a foreigner, shall notwithstanding anything contained in the indian evidence act, lie upon such person so that in the present proceedings in deciding the question as to whether the accused was an indian citizen within the meaning of article 5 of the constitution, the onus of proof will have to ..... about the acquisition of citizenship of a foreign country has not been determined, in respect of any person, by the government of india as prescribed by the relevant rules, it would not be open, to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country ..... thereafter kendrapara police was directed to proceed against the accused under the foreigners act for not having complied with the order and for continuing to stay ..... no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article & if he has voluntarily acquired the citizenship of any foreign state. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR5233; 2007(4)KCCRSN314.
..... in spite of a certificate of registration under section 5(1)(c) of 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, ..... teachers working in several educational institutions and by non-publication in official gazette the list of prescribed educational institutions as provided under article 171 of constitution of india and section 27 of the rp act the election has been materially affected and therefore they have sought declaration that the election of the respondent from karnataka south teachers constituency of karnataka state to the karnataka legislative council declared on 19.6.2006 ..... not a citizen of india, and, therefore, suffering from absence of qualification under article 84 as also a positive disqualification under article 102 of the constitution, then the case is one which attracts applicability of section 10(1)(d)(iv) of the act and such an issue can be tried by the high court in an election petition in spite of the returned candidate being enrolled in the voters list for it will be a case of alleged non-compliance with the provisions of ..... of india and hence not qualified, or is disqualified for being a candidate in the election can be raised in an election petition before the high court in spite of the returned candidate holding a certificate of citizenship by registration under section 5(1)(c) of the citizenship act. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1526; 1961CriLJ703; [1962]1SCR744
..... is made which is on the face of it a valid order, then this court cannotgo into the question whether or not a particular person is a foreigner or, inother words, not a citizen of this country because according to section 9 ofthe citizenship act, 1955, this question is to be decided by a prescribedauthority and under the citizenship rules, 1956, that authority is the centralgovernment. ..... not the union's case northat of the respondent that the latter's citizenship came to an end for any ofthe reasons mentioned in that section ..... 9 of thecitizenship act, 1955, had no application ..... in any case not falling undersection 8 any question arises with reference to this act or any order made ordirection given thereunder, whether any person is or is not ..... shall, notwithstanding anything contained in the indianevidence act, 1872 (1 of 1872), lie upon such ..... section 8(1) of the foreigners act to which we were referred, dealswith the case of a foreigner who is recognised as its national by more than oneforeign country or when it is uncertain what ..... section 2(a) of the foreigners act, 1946, defines a 'foreigner'as 'a person who is not a citizen ..... section 9 of this act is the one that ..... 3of that act gives power to the central government by order to provide for thepresence of continued presence of ..... examined the materials before it andheld, 'in the present case there was no material at all on the basis ofwhich the proper authority could proceed to issue and order under section3(2)(c) of the foreigners act, 1946. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori124
..... in which he question of loss of citizenship of a person arised for consideration, the decision in that proceeding on the said question should depend upon the decision of the authority constituted for determining the said question under section 9(2) of the citizenship act, 1955. ..... respondent were wholly inadequate to record any finding in favour of the appellant since it is not shown that there is any provision in our law which provides that a person would automatically lose his indian citizenship on his marriage with a person who is a citizen of a foreign country or by acquiring property in a foreign country.however, in the present case, the primary question raised in the election petition ..... appellant herein did not move any application for re-verification of the election petition, the averments contained in paragraph 4(ii) does not satisfy the requirement of section 81(1) of the representation of the people act, 1951 and in that view of the matter, the said plea is not available to the appellant.but in the present case, relevant facts have been averred in paragraphs 3, 4 and ..... the respective parties, i find that the following questions are required to be determined:(i) whether the election petition in the present case can be rejected at the threshold by applying section 81(1) of the act on the ground that it does not disclose any cause of action and;(ii) whether by the inaction of the election petitioner in not questioning the status of the respondent in the previous election, it .....
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