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Mohammad Ibrahim Vs. Union of India (Uoi), Central Government Ministry ...

Court : Punjab and Haryana

Reported in : AIR1967P& H339

..... the impugned order dated 25th february, 1965 (annexure a to the writ petition) was passed by the central government under section 9(2) of the citizenship act, 1955 (hereinafter called the act) read with rule 30 of the citizenship rules, 1956, hereinafter referred to as the central rules, may first be set out.2. ..... central government acting under section 9(2) of the citizenship act, 1955, and rule 30 of the citizenship rules. ..... determining any question relating to the acquistion by an indian citizen of the citizenship of any other country, the central government may make such reference as it thinks fit in respect of that question or of any matter relating thereto, to its embassy in that country or to the government of that country and act on any report or information received in pursuance of such reference.3. ..... ) under section 9(2) of the act was served by the central government on mohammad ibrahim petitioner informing him that the question as to whether and if so how the petitioner had acquired the citizenship of pakistan had arisen and that the central government proposed to determine the said question and calling upon the petitioner to submit to the government of rajasthan for onward transmission to and ..... section 9(2) of the act reads as follows:--'if any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed .....

Sarbananda Sonowal Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2006(13)SCALE33; (2007)1SCC174

..... was absolutely no reason why the illegal migrants coming into the state of assam should be treated differently from those who had migrated to the other parts of the country having regard to the provisions of the citizenship act, 1955 and the foreigners (tribunals) order 1964 (for short 'the 1964 order').4. ..... (2) the registering authority appointed under sub-rule (1) of rule 16f of the citizenship rules, 1956 shall refer to the tribunal the question whether a person of indian origin complies with any of the requirements under sub-section (3) of section 6a of the citizenship act, 1955 (57 of 1955). ..... it would, therefore, be necessary that some sort of application of mind would be necessary on the part of the authorities of the central government.even in terms of the 1964 order, keeping in view the provisions of the constitution of india, the citizenship act and the 1946 act as interpreted by this court in sonowal i, it was the solemn duty of the central government to make a reference. ..... it does not serve the purpose sought to be achieved by the 1946 act or the citizenship act and the obligations cast on the central government to protect the nation in terms of article 355 of the constitution of india highlighted in sonowal. ..... a person who claims himself to be a citizen of india in terms of the constitution of india or the citizenship act is entitled to all safeguards both substantive and procedural provided for therein to show that he is a citizen.33. .....

Abdul Halim Mia Vs. the Sub-divisional Officer and ors.

Court : Kolkata

Reported in : AIR1965Cal160

..... the whole scheme of the citizenship act as well as of the citizenship rules leaves no scope for doubt about the administrative nature of the act done by the prescribed authority or the central government when they consider an application under section 5(1)(a) of the citizenship act, 1955. ..... now section 5(1)(a) of the citizenship act 1955 read with rule 7 of the citizenship rules 1956 empowers the collector to register as a citizen of india, on application made in this behalf, any person who is ordinarily resident in india and who has been so resident for six months immediately before making the ..... he came back to india under a pakistani passport he also applied for grant of indian citizenship under section 5(1)(a) of the citizenship act, 1955. ..... the sub-divisional officer, katwa, summarily rejected the appellant's application for registration of his name as an indian citizen under section 5(1)(a) of the citizenship act 1955. mr. ..... it is clear from the citizenship act and the rules that a person even though he satisfies all thoseconditions is not entitled as a matter of right to the grant of a certificate under section 5(1)(a) of the citizenship act. ..... i have no doubt at all that the order of the sub-divisional officer, katwa, under section 5(1)(a) of the citizenship act as well as the order of the superintendent of police, burdwan, under the foreigners act were executive acts. .....

Namgyal Dolkar Vs. Government of India, Ministry of External Affairs

Court : Delhi

..... government has taken a serious view of the entry of persons clandestinely into india and with a view to making the provisions of the citizenship act relating to the grant of indian citizenship more stringent it is proposed inter alia to make the following changes in the citizenship act, 1955, namely(i) under the existing provisions, every person born in india on or after the 26th day of january 1950, shall be a citizen of ..... officer, delhi ( rpo') informed the petitioner that a decision had been taken by the ministry of external affairs ( mea') that a passport could not be issued in her favour under section 6(2)(a) of the passports act, 1967 ( pa') as she could not be treated as an indian national under section 3(1)(a) of the citizenship act, 1955 ( ca'). ..... roxna swamy, learned counsel appearing for the petitioner submitted that in terms of the citizenship (amendment) act, 1986, enacted on 28th november 1986 (the date of commencement of which was notified as july 1987) every person born in india prior to the amendment ..... has at any time between the 26th january 1960 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. .....

Mrs. Jacqueline Chandani Vs. Deputy Director, Enforcement Directorate, ...

Court : Karnataka

Reported in : AIR1991Kant194; 1991CriLJ1408; 1991(32)ECC332

..... and not india and that she cannot be treated as a citizen of india even under the provisions of the citizenship act, 1955 and the rules made thereunder.4. ..... 3 to 6 of the citizenship act, 1955 provide for status of citizenship by origin to the wife of an indian citizen and that the notification issued is violative of the provisions of arts. ..... . in fact 'domicile' is governed by the citizenship act, 1955 and not under the act ..... . cannot be treated as a resident of india and that the citizenship act has no relevance to the question involved ..... . in tact, even if the provisions of the citizenship act are applied to the petitioner, the petitioner does not answer the definition of 'citizenship' as contemplated under ss ..... 5 of the citizenship act allows option to the women who are or have been married to citizens of india to apply for and register as citizens of india and such persons can only be called as citizens of india by registration and not by origin and ..... 3 to 6 of the citizenship act and the rules thereunder.14. ..... after her marriage, she did not renounce her citizenship of america and when she came to india, she registered herself as a foreigner under the foreigners act, 1946. ..... . since i have taken the view that the notification under annexure-h is ultra vires the act, it is not necessary for me to refer to the legality of penalisation of the extent to which penalisation is permissible by applying the principle of proportionality .....

The Government of Andhra Pradesh Vs. Syed Mohd. Khan

Court : Supreme Court of India

Reported in : AIR1962SC1778; [1962]Supp3SCR288

..... citizenship act, 1955 (57 of 1955 ..... the court of appeal has also observed that under the citizenship act and the rules framed thereunder, the central government has been constituted as a special tribunal for deciding the question as to whether a person has acquired the citizenship of a foreign country or not, and so, before issuing the orders of deportation, it was necessary that the appellant should have obtained a decision of the central government ..... appellant that the effect of our decision in the case of izhar ahmad khan is that as soon as it is shown that a person has acquired a passport from a foreign government, his citizenship of india automatically comes to an end, and he contends that in such a case it is not necessary that the central government should hold any enquiry and make a finding against the person ..... it is clear that in the course of the judgment, this court has emphasised the fact 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 the state government can ..... of the citizenship act and of ..... foreign government is obtained by a citizen, and the case falls under the impugned rule, the conclusion may follow that he has acquired the citizenship of the foreign country; but that conclusion can be drawn only by the appropriate authority authorised under the act to enquire into question. .....

Zeeshan Vs. District Educational Officer and ors.

Court : Kerala

Reported in : AIR2008Ker226; ILR2008NULL984

..... the kerala education rules does not apply to a case where a citizen of pakistan who has made an application under section 5(1)(f) of the citizenship act, 1955 before the government of india, and who is awaiting orders thereon. ..... of this writ petition would not stand in the way of the central government in disposing of the application filed by zuhra and other under section 5(1)(f) of the citizenship act, 1955; which shall be disposed of as directed in the judgment dated 2-7-2008 in w.p.(c) no. ..... as per judgment dated 2-7-2008, by which the respondents in the writ petition were restrained from deporting the petitioners therein, pending consideration of the application under section 5(1)(f) of the citizenship act, 1955. ..... a citizen of pakistan by birth, is entitled to be admitted in a school in kerala during the stay of the child along with his mother and grand-mother in india pending consideration of their application under section 5(1)(f) of the citizenship act, 1955.2. ..... under section 5(1)(f) of the citizenship act could be entertained on merits and whether it could be disposed of in favour of the petitioner, are all matters coming under the citizenship act and that does not give a right to the person who has applied under section 5(1)(f) of the citizenship act, to apply for admission ..... if such an interpretation is accepted, the very purpose of the citizenship act and the stringent provisions therein and also the provisions in the constitution of india, particularly articles 5, 6, .....

Sebastian Vs. Mathai

Court : Kerala

Reported in : 2005(4)KLT791

..... moment the plaintiff acquired canadian citizenship, he ceased to be an indian citizen by force of section 9 of the citizenship act, 1955. ..... case put forward by the defendants under the citizenship act, the foreign exchange regulation act, contract act and the transfer of property act are to be accepted, we are of opinion that the defendants are not entitled to resist the suit in view of section 116 of the evidence act. ..... 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 to be a citizen of india. ..... sub-section (2) of section 9 says that if any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may ..... based on the principle 'ex dolo malo non oritur actio (no court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act) was not accepted and it was held that if the plaintiff does not have to rely upon any illegality then though the possession was taken on trespass a suit can be maintained ..... fakirchand's case (air 1955 hyd.28) related to the validity of a contract set up by the plaintiff against the provisions of the hyderabad abkari (excise) act. .....

Wazir Ahmed Khan and ors. Vs. Mohd. Anwar Ali and anr.

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. .....

Ali Ahmad Vs. Electoral Registration Officer and ors.

Court : Kolkata

Reported in : AIR1965Cal1,1965CriLJ22,68CWN1140

..... appellant also made an application for grant of indian citizenship under section 5(1)(a) of the citizenship act, 1955. ..... it is only in cases where a dispute arises as to acquisition of foreign citizenship by a person who was originally an indian citizen that the question has been left by the citizenship act to be determined by an authority prescribed by the citizenship act in such manner and having regard to such rules of evidence as may be prescribed in this behalf see air 1962 sc 1952 and the union of india ..... regard to the period subsequent to the commencement of the constitution, section 9(1) of the citizenship act provides that if an indian citizen acquires foreign citizenship either as a result of naturalization or of registration or of any other method of voluntary acquisition of such citizenship, he ceases to be a citizen of india. ..... an application under section 5(1)(a) can be made only by a person who is not a citizen of india by virtue of the constitution of india or by virtue of any other provision of the citizenship act and who wishes to register himself as a citizen of india. ..... section 9 of the citizenship act deals with acquisition of foreign citizenship subsequent to the commencement of the ..... the facts of this case, therefore, section 9 of the citizenship act has no application at all. 9. ..... section 9(2) of the citizenship act does not preclude the tribunals from, recording the finding that the appellant had migrated to pakistan in 1947 and, therefore, never became a citizen .....