Court : Supreme Court of India
Reported in : AIR1984SC1714; 1984(2)SCALE62; 1984Supp(1)SCC346; 1984(16)LC934(SC)
..... the present appeal is filed, the allahabad high court had taken the view that if the suit is instituted prior the enactment and enforcement of the citizenship act, 1955 the civil court had jurisdiction to decide the contention whether citizenship of an indian citizen stood terminated on account of his acquisition of citizenship of another country and the jurisdiction of the civil court in view of the provision contained in section 9(2) would not be ousted and the civil court will continue ..... 0065/1969 : [1969]3scr1006 the civil court had no jurisdiction to entertain the suit once the contention as envisaged by sub-section (2) of section 9 of the citizenship act, 1955 ('act' for short) was raised. ..... section 9 of the citizenship act, 1955 which came into force on december 30, 1955 reads as under :9. ..... if such a contention were to arise in anv proceeding, it shall be dealt with by the prescribed authority rule 30 of the citizenship rules framed under the act prescribes the central government to be the exclusive authority competent to determine whether citizenship of another country is acquired and thereby the person claiming to be indian citizen has ceased to be one.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1052; [1962]Supp3SCR235
..... validity of section 9(2) of the citizenship act, 1955, (act lvii of 1955) (hereinafter called the act) and of rule 3 in schedule iii of the citizenship rules, 1956, is challenged. ..... citizenship rules 1956, framed by the central government under section 18 of the citizenship act, 1955, (act ..... this section provides :'(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, ..... thus :-'any citizen of india who by naturalization registration or otherwise voluntarily acquires, or has at any such 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 ..... 57 of 1955) provides that 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 the act voluntarily acquired the citizenship of another country shall upon such acquisition or as the case may be, such commencement cease .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj150; (1993)1GLR602
..... of the petitioner by issuing the following directions:'(i) the appellant shall make a detailed representation setting forth all the factual features concerning herself being an indian citizen by descent as per section 4(1) of the citizenship act, 1955 and continuing to be such a citizen, within a period of three days from today to the second respondent. ..... above circumstances, in my opinion, the order directing the central government to pass appropriate orders in accordance with the provisions of section 9(2) of the citizenship act, 1955 will also cover the case of the petitioner in special civil application no. ..... interpretation of rule 1.4 put forward by the respondent authorities is accepted, the rule would be ultra vires the citizenship act, 1955 as also articles 14 and 21 of the constitution of india being arbitrary and unreasonable. mr. ..... the points raised by the parties, it is necessary to consider the relevant provisions of the constitution as also the citizenship act, 1955 (hereinafter referred to as 'the act'). ..... of the authorities that the civil court had no jurisdiction to decide the question of citizenship after the commencement of the act of 1955 as the exclusive jurisdiction was conferred on the central government under section 9 of the act read with the rules framed thereunder. ..... desai submitted that looking to the provisions of the constitution as well as the citizenship act, the petitioner can be said to be a citizen of india and, therefore, is entitled to get admission .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1623; [1965]2SCR884
..... the parliament by section 9 of the citizenship act, 1955 legislated in regard to determination of citizenship and provided, inter alia, that a person who has voluntarily acquired since january 26, 1950 or acquires after the commencement of the act citizenship of another country, shall cease to be a citizen of india, and that if any question arises as to whether citizenship of another country has been acquired by a person, the question must be determined by the authority, in such manner and having regard to such rules of evidence, as may be prescribed in that ..... behalf. 10. this court has pronounced upon the legislative competence of the parliament to enact section 9 of the citizenship act, 1955 in izhar ahmad khan v ..... support of his petition before the high court for issue of a writ of mandamus, the appellant urged that section 9 of the citizenship act, 1955 was ultra vires the parliament and clause 3 of sch. ..... 1955 the parliament enacted the citizenship act 57 of 1955 to provide for the acquisition and termination of indian citizenship. ..... to the rules framed under the citizenship act, 1955 was also negatived mr .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1143; 1967CriLJ1074; [1967]2SCR401
..... be disputed in this case, that the government of india was competent under section 9(2) of the citizenship act, 1955 to determine whether the appellant had acquired the citizenship of pakistan. ..... of andhra pradesh and the order of deportation was quashed on the ground that there had been no determination that the appellant had acquired pakistani citizenship under section 9 of the citizenship act by the indian government. ..... intention of voluntarily acquiring the citizenship of pakistan and had actually acquired such citizenship could, therefore, be determined by the government of india alone under section 9(2) of the citizenship act. ..... in a quasi judicial enquiry, the citizen concerned must be given due notice of the nature of action which in the view of the authority involves termination of indian citizenship, and reasonable opportunity must be afforded to the citizen to convince the authority that what is alleged against him is not true. ..... is not possible for this court to hold that the government of india was called upon to make any detailed enquiry when the provisions of paragraph 3 of schedule iii of the citizenship rules were clearly applicable, because the appellant had obtained passports in pakistan representing himself to be a pakistani citizen. ..... that he had not voluntarily acquired the citizenship of pakistan, he did not at any stage raise any plea that he had not voluntarily acquired the passports on the basis of which he came to india on the two occasions in 1955 and 1964. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1997Mad366
..... intimated to you vide this ministry's letter of even number dated the 6th april, 1985, that you are not eligible for the grant of indian citizenship for the reason that in section 2(1)(c) of the citizenship act, 1955, there is provision that all the commonwealth countries mentioned in schedule first of the citizenship act, 1955, have (o make a request to the govt. ..... thus :'sub :- request for a revision under section 15 of the citizenship act, 1955. ..... your letter dated the 25th march, 1985, on the subject mentioned above, i am directed to say that rules have not so far been framed for registration of british citizens as indian citizens under section 5(1)(e) of the citizenship act, 1955. ..... registration as indian citizen under section 5(1)(e) of the citizenship act, 1955. ..... 1995 was filed by the appellant, who is acitizen of united kingdom, for a declaration that section 14(1) of the citizenship act, 1956 (act 57 of 1955) (hereinafter referred to as the act) ultra vires article 14 of the constitution of india, which embodies the rule of law, and void.3. ..... the citizenship act governs and the procedure that should be followed in dealing with the application for registration for the indian citizenship. ..... the petitioner reads thus :'sub :-- regisiration as an indian citizen under section 5(1) of the citizenship act. ..... india have considered his request carefully, but the same cannot be acceded to as he has not fulfilled the statutory stay condition specified under section 6(1) of the citizenship act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1234; (1969)1SCC771; [1969]3SCR1006
..... appeal by special leave from a judgment of the allahabad high court in which the principal question for determination is whether section 9 of the indian citizenship act, 1955, hereinafter called the 'act', which came into force on december 30, 1955, would be applicable to a suit which was pending on that date.2. ..... the appellants had contended before us that the civil court had no jurisdiction to decide the question of citizenship after the enforcement of the act towards the end of the year 1955 in view of the provisions of rule 30 of the citizenship rules 1956 promulgated in exercise of the power conferred by section 18(2)(h) of the act. ..... section 9 is in the following terms :section 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 war ..... even on the assumption that loss of indian citizenship with consequent deportation may involve loss of personal liberty within the meaning of article 21, it is not possible to hold that by applying section 9 of the act and rule 30 of the rules to a case in which a suit had been instituted prior to the commencement of the act there would be any contravention or violation of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC972; (1975)1SCC544; [1975]3SCR425; 1975(7)LC169(SC)
..... following the liberation and merger of that territory with the union of india, the government of india in exercise of the powers conferred by section 7 of the citizenship act, 1955 issued on march 28, 1962 goa, daman and diu (citizenship) order, 1962 (hereinafter referred to as citizenship order) conferring the citizenship of india on persons born in the above mentioned territory before december 20, 1961 on the terms and conditions set out in the order. ..... become an indian citizen by virtue of the goa, daman and diu (citizenship) order, 1962 or the dadra and nagar haveli (citizenship) order, 1962, issued under section 7 of the citizenship act, 1955 (57 of 1955), holds a passport issued by the government of any other country, the fact that he has not surrendered the said passport on or before the 19th january, 1963 shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date. 5. it is stated by the ..... on july 27, 1970 the joint secretary in the ministry of home affairs addressed the following letter p3 to the respondent :i am directed to refer to your letter dated 27th july, 1970 requesting for grant of a certificate of citizenship under section 13 of the citizenship act, 1955, and to say that since the goa administration have in their letter no ..... whether the first proviso to para 2 of the goa, daman and din (citizenship) order, 1962 is ultra vires and in excess of the powers conferred by section 7 of the citizenship act, 1955?5 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj109; (1961)GLR57
..... a person claims the stainsof a citizen by virtue of rule 30 of the citizenship rules the question whether, when or how he has acquired the citizenship of another country, must be determined, for purposes of section 3(2) of the citizenship act, 1955, by the central government. ..... these two decisions that the power of the high court to grant relief under article 226o and the jurisdiction of the criminal courts to deride the issue as to the acquisition of foreign citizenship is not taken away under section 9(2) of the citizenship act, it must follow that that sections does not militate against the jurisdiction of the civil courts to try such an issue arising in suits before them. as mr. ..... guaranteed under article 10 that a person who is or is deemed to be a citizen of this country at the commencement of the constitution, shall continue to he such, parliament could possibly have intended by enacting section 9(2) of the citizenship act to deprive him of the vital right to establish his citizenship of this country in the ordinary courts of law and to compel him to establish them, when challenged, before a special tribunal viz. ..... the court to decide such questions has not been taken away by section 9(2) of the citizenship act as it does not repeal the provisions of the code of criminal procedure and the evidence act which confers power upon the criminal courts to decide all facts in issue and relevant facts. ..... to it under art, 11 that parliament enacted the citizenship act, lvii of 1955. .....
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. .....
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