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T.A. Mahomed Usman Vs. State of Madras Represented by Secy. to Govt. o ...

Court : Chennai

Reported in : AIR1961Mad129; (1960)IIMLJ290

..... where the passport was obtained after 7-7-1956, when the citizenship rules were promulgated or at least after citizenship act, 1955 came into force, that is from and after decem ber, 1955.it would be noticed that the petitioner obtained his passport in december 1952 and it was therefore urged that if this construction were adopted the petitioner would retain his indian citizenship which he had on 26-1-1950 and which he continued to ..... the petitioner was a citizen of india on the date of the commencement of the constitution, he would cease to be such by becoming a citizen ot pakistan by virtue of section 9 of the citizenship act, 1955, and since this statutory provision is the basis of the impugned order, it is necessary to examine it in detail. ..... for its extension by four months for his stay in india, and this extension expired on 23-7-1956.thereafter he applied on 14-5-1957 under section 5(1) of the citizenship act, 1955 for his registration as a citizen of india, and this was rejected by the collector on 5-7-1957, who thereafter, passed an order under section 3 of the foreigners act on 16-7-1957 directing the petitioner to leave india within a month from its receipt. ..... been a foreign country within the meaning of article 9 of the constitution because oft the governor-general's order promulgated under article 367(3), the acquisition of pakistani citizenship would terminate the indian citizenship of a person under the citizenship act, 1955, and this position was not contested.20. .....

S. Nalini Srikaran Vs. Union of India (Uoi), Rep. by Its Ministry of E ...

Court : Chennai

Reported in : AIR2007Mad187; (2007)2MLJ831

..... appellant's daughter had voluntarily obtained a passport in sri lanka claiming herself to be a sri lankan citizen, schedule iii, rule 3 of the citizenship rules, 1956 presumes that she has voluntarily acquired sri lankan citizenship and in the absence of any application for determination of her citizenship under section 9 of the citizenship act, 1955 read with rule 30 of the citizenship rules, 1956, there is no cause of action for the appellant to approach this court seeking any relief. ..... the appellant says that her daughter is an indian citizen by virtue of section 3(b) of the citizenship act, 1955 (act 57 of 1955) and she was forced to go to sri lanka when she was only six years old, with the appellant's mother-in-law, because of the factors beyond her control since she ..... 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. ..... the appellant submitted that the appellant's daughter, megara has acquired indian citizenship under section 3(b) of the citizenship act, 1955 since the appellant herself is a citizen of india and she would not cease to be a citizen of india, unless there is a determination of the issue of cessation of her citizenship by the central government under section 9(2) of the citizenship act, 1955. .....

Hari Shankar JaIn Vs. Sonia Gandhi

Court : Supreme Court of India

Reported in : 2001VIIAD(SC)313; AIR2001SC3689; JT2001(7)SC629; 2001(6)SCALE233; (2001)8SCC233

..... the judicial opinion which has prevailed ever since the enactment of citizenship act, 1955, we are unhesitatingly of the opinion 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 ..... suffice it to note for the moment that both the petitioners admit the respondent having acquired indian citizenship by registration under section 5(1)(c) of the indian citizenship act, 1955 on the ground of her having married shri rajiv gandhi, a citizen of india (later prime minister ..... a question is not immune, by the scheme of the citizenship act, 1955, from being adjudicated upon by an appropriate forum other than central ..... the respondent acquired indian citizenship on 30.4.1983 under section 5(1)(c) of the indian citizenship act, 1955 on the ground of her having married a citizen ..... can the validity of a certificate of citizenship issued under section 5(1)(c) of citizenship act, 1955 at all be gone into during trial of an ..... citizenship act, 1955 is an act to provide for the acquisition and determination of indian citizenship ..... must be held that respondent by virtue of the certificate granted to her under section 5(1)(c) of the citizenship act, which certificate has not been cancelled, withdrawn or annulled till date, is 'a citizen of india' .....

Ramesh Chennamaneni Vs. Aadi Sreenivas and ors

Court : Andhra Pradesh

..... as this court is seized of the matter, the government of india was unable to proceed further and sought for leave of the court to constitute a committee of inquiry under sub- sections (4) and (5) of section 10 of the citizenship act, 1955 and to submit the report of the committee of inquiry to the court before passing appropriate orders on merits in accordance with law, as may be directed by the high court. ..... a show-cause notice was issued to the 1st respondent on 31-07-2009 to show cause as to why action under sections 10(2)(a) and 17 of the citizenship act, 1955 may not be initiated against him, for which the 1st respondent gave a reply on 11-09-2009 admitting the contents of his application and contending that his journey to berlin, germany cannot be considered as visits to countries abroad ..... the continuance of the election petition will also raise questions of reconciling the provisions of the two acts and any stalling of the statutory proceedings under section 10 of the citizenship act, 1955 till the finality to the election petition or withholding the further proceedings in the election petition till the finality to the statutory proceedings under section 10 of the citizenship act, 1955 may not be desirable. .....

Rakesh Singh Vs. Sonia Gandhi

Court : Allahabad

..... by virtue of article 11, the indian parliament has passed the citizenship act, 1955 which provides the acquisition of citizenship after the commencement of the constitution by way of birth or descent or registration or naturalization or incorporation ..... has not obtained a "naturalization certificate" as contemplated under section 6 of the citizenship act, 1955(hereinafter referred to as "the act") and to be issued under rule 10(2) of the citizenship rules, 1956 in form xi(schedule e). ..... form viii [see rule 10 (1) (a)] the citizenship rules, 2009 application for naturalization as a citizen of india under section 6(1) of the citizenship act, 1955 note: please write/print in block letters part i ..... form ii(as on 30-04-1983) [see rule 4(1)(a)] the citizenship rules, 2009 application for registration as a citizen of india under section 5(1)(a) of the citizenship act,1955 made by a person of indian origin note: please write/print in block letters part i photograph ..... the main plea of the counsel for the petitioner that first she was required to obtain the "certificate of naturalization" under section 6 of the indian citizenship act, 1955 before obtaining the certificate under section 5 of the indian citizenship act, 1955. ..... 14.in india, section 6 of the citizenship act, 1955 provides that where an application is made in the prescribed manner by any person of full age and capacity (not being an illegal migrant) for the grant of a certificate of naturalization to him, the central government may, .....

Dr. Subramanian Swamy Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 120(2005)DLT274; 2005(82)DRJ50

..... petitioner's request to initiate action under section 10(1) of the citizenship act, 1955 is not required to be entertained by the court. ..... petitioner has alleged in the petition that within the meaning of section 10 of the citizenship act, 1955, it is the duty of the central government to investigate the matter and it mandates the home ministry, to deprive the indian citizenship, if a person is found guilty. ..... is required to be noted that when an order is made by a competent authority granting a certificate of citizenship under section 5(1)(c), it is always open to challenge by preferring a revision petition under section 15 of the citizenship act, 1955. ..... citizenship act, 1955 came to be enacted by parliament to provide for the acquisition and determination of indian citizenship. ..... is contended that respondent no.5 acquired citizenship on or about 30.4.1983 under section 5(1)(c) of the citizenship act, 1955. ..... was for the petitioner to challenge the order made by the competent authority under the citizenship act, 1955. ..... under the provisions contained in the citizenship act, 1955.2. ..... gandhi : air2001sc3689 in para 29 pointed out as under:-'it must be held that respondent by virtue of the certificate granted to her under section 5(1)(c) of the citizenship act, which certificate has not been cancelled, withdrawn or annulled till date, is 'a citizen of india'. ..... a person registered under section 5 of the citizenship act shall be a citizen of india by registration as from the date on which he was .....

State Vs. Sharifbhai Jamalbhai

Court : Mumbai

Reported in : AIR1959Bom192; (1958)60BOMLR1186; 1959CriLJ577; ILR1958Bom1422

..... section 18, sub-section (2), clause (h) of the citizenship act, 1955, provides that the central government may, by notification in the official gazette, make rules to carry out the purposes of this act and in particular and without prejudice to the generality of certain powers, such rules may provide for the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases. ..... as i have stated above, pursuant to the power conferred upon the central government under section 18 of the citizenship act, 1955, the said government had power to frame such a rule. ..... it is pursuant to this power conferred upon the central government under section 18 of the citizenship act, 1955, that the citizenship rules, 1956, were framed and amongst the citizenship rules we find rule 30. ..... next important point to be remembered is that although a person may be a citizen of a particular country to start with, there is nothing to prevent him from abandoning that citizenship and acquiring a citizenship of another country, now, when a question arises of person relinquishing his citizenship of another country, it has got to be decided upon evidence and it is in that context that a rule of evidence is framed by the central government under the rule-making power conferred upon the said government by section 18 of the citizenship act, 1955. .....

Bhanwaroo Khan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2002SC1614; 2002(2)ALLMR(SC)940; 2002(3)ALT49(SC); JT2002(3)SC464; 2002(3)SCALE239; (2002)4SCC346; [2002]2SCR872; 2002(1)LC675(SC)

..... was obtained in fraud or under compelling circumstances, there may not be any hesitation whatsoever in declaring them pakistani nationals.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 thereunder and consideration of all the facts and circumstances of the case and relevant material on records, has come to a conclusion that the acquisition of a pakistani passport and visa for visit to india ..... 1995 filed in this court challenging the order made by the government of india (annexure d in the writ petition) dated 21st july, 1995 determining the national status of the petitioners under section 9(2) of the citizenship act, 1955 (for short 'the act').2. ..... not find any infirmity either with the reasoning adopted or the conclusion arrived at by the high court, or even by the government of india in its order dated 21st july, 1995 passed under section 9(2) of the citizenship act, 1955.18. ..... , 1994 on a representation made by the counsel for the appellants, this court directed that the appellants would individually or collectively make an application before the authorities under the citizenship act and the concerned authorities would decide the same as soon as possible and the court be communicated the result thereon. ..... upon this rule the union of india in its order passed under section 9(2) of the citizenship act dated 21st july, 1995 determined the national status of the appellants to be that of .....

Mahammad Nazaharul Haque and anr. Vs. B. Bagchi, I.P.J.P. and ors.

Court : Kolkata

Reported in : AIR1974Cal29,77CWN695

..... elaborate arguments were advanced before the trial judge on several provisions of the citizenship act, 1955 and the rules framed thereunder as well as on the foreigners' act, 1946 and the rules framed thereunder in 1948 as also upon the provisions of articles 5 to ..... the appellants did not apply for citizenship of india, they did not take recourse to the provisions of the citizenship act, 1955 which had already come into force. ..... decide whetheran indian citizen has acquired the citizenship of another country, but the only authority to so decide is the governmentof india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955. ..... iii) section 9(2) oi the citizenship act and rule 3 of the citizenship rules are intra vires the constitution ..... acquisition of foreign citizenship after the commencement of the constitution have also to be dealt with by the government of india under the citizenship act. ..... ample authority might be laid down :(i) the passport obtained by a person from pakistan would no doubt be evidence that he was a pakistani national, but that evidence would be subject to the provisions of section 9(2) of the citizenship act. ..... said question the central government would undoubtedly be entitled to give effect to rule 3 in schedule 3 of the citizenship rules and would be entitled to deal with the matter in accordance with the other relevant rules framed under the act, but the question must be first considered by the central government. .....

Md. Elahi Vs. State of West Bengal

Court : Kolkata

Reported in : 2009CriLJ1335

..... he then was, said:it is now well settled that the question as to whether a person who was a citizen of this country on january 26, 1950, has lost his citizenship thereafter, has to be determined under the provisions of section 9 of the citizenship act, 1955 (no. ..... country is not an issue in the instant case as such the question of decision of the central government under section 9(2) of the citizenship act read with rule 30 of the citizenship rules is not at all called for.it is nobodies case that the petitioner was originally an indian citizen and allegedly lost his indian citizenship upon acquisition of citizenship of a foreign country.this criminal revision has no merit and stands dismissed.urgent xerox certified copy of this judgment, if applied for, ..... he further urged that the impugned proceeding under section 14 of the foreigners act, having been initiated against the petitioner without determination of the question of his citizenship in accordance with section 9(2) of the citizenship act read with rule 30 of citizenship rules by the central government, the competent authority is patently illegal and ..... 1971crilj1103 (supra), till the central government, being the competent authority under section 9(2) of the citizenship act read with rule 30 of the citizenship rules, determined the question of any person being a citizen of india having acquired the citizenship of a foreign country, had thereby lost indian citizenship, no prosecution can be initiated against him as foreigner. .....