been applied Advocate in High Court Chandigarh this country is not inequitor nor can it be regarded to be an anachronism. Chamarbaugtvala(2) in considering whether a company incorporated under the Indian Companies Act prior to the Constitution could claim protection of its fundamental rights under Art. There was no law of citizenship in India. The Indian Naturalization Act was merely supplemental to the Imperial Act and hardly needed. (1) and the other decisions already referred.
This well-established rule of law for which reference may be made to 42 I. The statement of the law therefore in Virendra’s case(2) that if the doctrine of Public International Law enunciated by the Privy Council were applied, the petitioners in that case had a voidable title, which inhered in them even after the change of sovereignty, is not seen to be correct. ” As we have already pointed out, these decisions of the Privy Council have been referred to and followed by this Chandigarh High Court Lawyers in Dalmia Dadri Cement Co.
That part contains seven Articles. 5 spoke at the com- mencement of this Constitution. ” In the case of Settlers of German origin in territory ceded by Germany to Poland and German interest in Upper Silesia case (P. Citizenship was conferred on every person who had his domicile in the territory of India and (a) who was born in the territory of India ; or (b) either of whose parents was born in the territory of India or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement.
Then follows a special chapter entitled “Citizenship”. can it be said in the first place that a corporation can ever be under any cir- cumstances a citizen, and if it can be so said, ‘What must be the constitution of the corporation before it could be said that it is a citizen? That article uses the word ‘person’ but the context shows that only natural persons were meant. 372 of the Constitution. 493 except so far as they had been recognised by the new sovereign power. If the view expressed by the Privy Council was to be adopted there is no escape from the conclusion, that the grantees under the previous rulers did not carry with them, on- a change of sovereignty, as subjects of the succeeding sovereign any inchoate rights as against the new sovereign, but their rights in so far as enforceability against the new sovereign was concerned sprang into exist- ence only on recognition express or implied by the duly constituted competent authorities of the succeeding sove- reign, apart from legislation.
554 Concessions “Senior Advocates In High Court Chandigarh consequence of the general principles of International Law. “Citizen” has not been defined by the Constitution and the only provision which is relevant is the provision contained in Art. The term “acquired rights” has not received a consistent meaning in this connection. It is not the notion of ius quaesitum which was the result of juristic activity following upon the social contract theory. Recognition may be by legislation or by agreement express or im- plied.
, speaking for the Chandigarh High Court Advocates observed “. Thus, the scheme of the two sub-sections of s. The right to enforce remains only with the Lawyers High Court Chandigarh contracting parties. ” In Secretary of State v. As India was, for centuries, ruled by Britain we have necessarily to examine the laws on the subject of citizen- ship and nationality before independence. International Law governing the same matter, though the latter has also, received the approval of several text book writers.
7) the doctrine of acquired rights was accepted, in respect of private rights. This being a “law in force” and at the commencement of the Constitution is saved by Art. 360, appears to their Lordships to be peculiarly applicable to an office, to which material benefits apper- tain and which, so far the records show, had consistently been regarded as within the dis- position of the sovereign power. The Courts in India are, therefore, bound to en. force that rule and not what according to Marshall C.
In The State of Bombay v. (i) The rule of international law on which the several Privy Council decisions as to the effect of conquest or cession on the private rights of the inhabitants of the conquered or coded territory are founded has become a part of the common law of this country. Sardar Rustam Khan and Others(1) in considering whether the rights of a grantee of certain proprietary rights in lands from the then Khan of Kalat, ceased to be enforceable since the agreement between the Khan and the Agent to the Governor-General in Baluchistan under which the Khan had granted to the British Government a perpetual lease of a part of the Kalat territory, at a quit rent, and had ceded in perpetuity with full and exclusive revenue, civil and criminal jurisdiction and all other forms of administration, it was observed by Lord Atkin delivering the judgment of the Board that : 562 inhabitants to enforce these stipulations in the municipal courts.
The employees of the insurers whose controlled business has been taken over, become the employees of the Corporation, then their terms and conditions of service continue until they are altered by the Central Government, and if the alteration made by the Central Government is not acceptable to them, they are entitled to leave the employment of the Corporation on payment of compensation as provided by s.