Court : Mumbai
Reported in : AIR1958Bom68; (1957)59BOMLR901; 1958CriLJ161; ILR1957Bom880
..... convicted in the colony of new south wales for bigamy for having married in the united states while his first wife by legal marriage was living and his conviction was challenged, and in construing the act, the learned law lords pointed out:'their lordships do not desire to attribute to the colonial legislature an effort to enlarge their jurisdiction to such an extent as would be inconsistent with the powers committed to a colony, and ..... 4 provides :'notwithstanding any law, custom or usage to the contrary, a bigamous marriage shall be void,(a) if it is contracted in this state after the coming into force of this act,(b) if it is contracted beyond the limits of this state after the coming into force of this act and either or both the contracting parties to such marriage are domiciled in this state', and section 5 which is the penal section provides :'notwithstanding any law, custom or usage to the ..... held that inasmuch as the prosecution was launched after the act 25 of 1946 was repealed by the central act 25 of 1955 which came into force on 18th may 1955, the accused was entitled to an order of acquittal. ..... india we have one citizenship, the citizenship of india. ..... single system of courts of law and a single judiciary and we do not have in india the problem of duality that often arises in the american law, the problem which arises because o a federal citizenship and a state citizenship. ..... necessary to emphasize that unlike the united states of america, india has a single citizenship. .....
Tag this Judgment!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. .....
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 : Mumbai
Reported in : AIR1959Bom525; (1959)61BOMLR803; 1959CriLJ1416; ILR1959Bom1323
..... india such a person claims the status of a citizen, by virtue of rule 30 of the citizenship rules of 1956 issued under the citizenship act, (act 57) of 1955, the question whether, when or how he has acquired the citizenship of another country, is to be determined, for the purposes of section 9(2), by the central government ..... government of india issued the (foreigners' order, 1948 and by rule 7 thereof it was provided:'restriction on sojourn in india, every foreigner who enters india on the authority of a visa issued in pursuance of the indian passport act, 1920 xxxiv of 1920), shall obtain from, the registration officer having jurisdiction either at the place at which the said foreigner enters india or if he has entered india otherwise than on the authority of a transit visa or ..... and 30-12-1955, citizenship of pakistan, by virtue of the presumption contained in article 10 of the constitution, the respondent must be deemed to be ..... that the respondent by 'physically migrating to pakistan', did not lose his indian citizenship and the respondent was, therefore, not a foreigner and had not infringed the provisions of section 14 of the foreigners act 1946. ..... under section 12 of the foreigners act the power to make orders under section 3 may be delegated to a subordinate authority subject to such conditions as may be contained in the authorisation, and the learned government pleader has invited our attention to a notification issued by the government of india on 17th october 1955, no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278
..... the learned additional chief presidency magistrate observed as follows:'section 9(2) of the citizenship act, 1955, provided that 'if any question arises as to whether, when or how, any person had 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 ..... view which he took ho relied on the provisions of section 9 of the citizenship act, 1955, and the rules framed thereunder. ..... as i will presently point out, the question as to whether any decision under section 9 of the citizenship act and under the rules framed thereunder, is necessary is dependent on whether a person, in the first instance, was an indian national and, further, whether subsequently he acquired the ..... section 9 is as follows:-'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 ..... change in nationality has taken place is taken out of the jurisdiction of courts, and that question is left to be decided solely by such authority as may have been prescribed under the provisions of section 9 of the citizenship act and the rules framed thereunder. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom357; (1972)74BOMLR271; ILR1972Bom1262; 1972MhLJ649
..... facts alleged in the petition, filed the affidavit in reply stating that the allegations were 'not admitted' and yet, he relied merely on the forms filled up by the petitioner and his wife under section 6(1) of the citizenship act, 1955 and the registration of foreigners rules. ..... this question has to be decided by the central government as provided by rule 30 of the rules framed under the citizenship act, 1955 ..... the next question is whether the fact (1) that the petitioner and his wife filled up forms under the registration of foreigners rules; (2) that they further filled forms under the citizenship act, 1953; (3) that the petitioner's mother claimed to be an iranian national and obtained an iranian passport; and (4) that the petitioner refused to apply for naturalization on the ground that he was already a citizen of india, are grounds on which ..... he also submitted that his conduct in filling up the forms under the registration of foreigners rules and under section 6 of the citizenship act was not voluntary and was as a result of illegal pressure and threat by the police officers, that even in these forms, he had mentioned the true fact, viz ..... the under secretary has submitted in the affidavit that the domicile certificate issued by the taluka magistrate was invalid because the petitioner and his wife had applied under section 6(1) of the citizenship act and were registered under the registration of foreigners rules in the office of the district superintendent of police at sholapur. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom176; (1974)76BOMLR258
..... in shah mohammad's case the high court had remitted the issue as to the acquisition of the citizenship of pakistan by shah mohammad to the district judge on the assumption that provisions of the citizenship act of 1955 did not apply to the proceedings instituted prior to the enforcement thereof, and on receipt of the finding in favour of shah mohammad, proceeded to decree his suit for permanent injunction against the state of u. ..... of the court to entertain or try the suit was also questioned in view of the provisions of the citizenship act of 1955, hereinafter referred to as 'the act'.3. ..... pendency of the criminal proceedings inquiry under section 9(2) of the citizenship act read with rule 30 of the rules thereunder was held and by an order of the central government dated 5th november 1964 he was held to have acquired january 1950 and before 15th march 1955. ..... reference to its earlier judgment and the scheme of articles 5 to 11 of the constitution and section 9 of the citizenship act and the rules made thereunder. ..... of the two courts below and decree the plaintiff's suit for injunction restraining the state government from deporting the plaintiff till central government records its decision as required under section 9(2) of the citizenship act.15 ..... held to be within time, the plaintiff would not succeed in getting the relief's in view of the plaintiff being alleged to be a foreigner and the trial of such an issue being barred by section 9(2) and rule 30 of the citizenship act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom274; (1977)79BOMLR105
..... has acquired the citizenship of another country, but the only authority to so decide is the government of india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955. ..... citizenship act, 1955, and rule 30 read with schedule iii of the citizenship ..... has construed and toned down the scope and operation of schedule iii by a harmonious reconciliation of the paragraphs of that schedule with the provisions contained in section 9 of the citizenship act, 1955. ..... vires the citizenship act, 1955. ..... 1970 passed by the joint secretary to the government of india, ministry of home affairs, new delhi, determining the status of the petitioner under section 9(2) of the citizenship act, 1955. ..... that this was a rule of evidence and fell within the scope prescribed by section 9(2) of the citizenship act, and the challenge to its validity on the ground that it was a rule of substantive law ..... the question whether a citizen of india has between 26th january 1950 and the commencement of the citizenship act ceased to be a citizen of india is to be determined in the manner provided by the combined ..... (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 the subsection .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR681
..... this writ petition, which comes up before us for admission today, challenges the order of government of india, ministry of home affairs, dated the 1st may, 1986 passed under the provisions of section 9(2) of the citizenship act, 1955. ..... the matter of citizenship is one between the person who claims it and the central government. ..... , the central government, to decide whether or not the 1st respondent had voluntarily acquired iranian citizenship. ..... no other person can challenge the grant or refusal of citizenship. ..... heard the 1st respondent and, on the orders of the supreme court, the petitioner, had passed the order dated 1st may, 1986 holding that the 1st respondent had not voluntarily acquired iranian citizenship. ..... the central government passed an order on 21st march, 1986 holding that the 1st respondent had voluntarily acquired iranian citizenship. ..... the order holds that the first respondent had not voluntarily acquired iranian citizenship.4. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1989)28ITD296(Mum.)
..... the commissioner relied upon section 2(2) of the citizenship act 1955, according to which a person is said to be a citizen of the place in which the ship is registered if he is born on such ship. ..... however in that decision, the implications of section 2(25a) of the indian citizenship act and the general position that a ship registered in india is part of india has not been taken into account. ..... secondly, the provisions of the citizenship act on which the learned commissioner has relied also show that a ship registered in india is to be considered as part of india. ..... but, we should look to the provisions of the income-tax act. ..... , but within india and therefore, he dismissed the appeal.before us, the learned counsel for the assessee made the following submissions : (1) the assessee had been granted the exemption under section 80rra of the it act. .....
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