Domicile and citizenship
Domicile and citizenship legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Citizenship would confer rights along with corresponding liabilities on the citizen towards the State/society, while a domicile or permanent residence certificate had reference to civil rights and privileges acquired thereunder
Generally, domiciles were of two main categories i.e. domicile of country which was called citizenship and of a particular area/District or Tribal Agency
In Province of N.-W.F.P., Government vide notification had issued instructions to the District Magistrate/Political Agents and other authorized officers laying down certain conditions to be fulfilled by the applicant before getting domicile of Tribal Area
No mention of category "A" or "B" domicile was there in those instructions
Sole object behind said instructions was that Tribal Domicile Certificates were to be issued only to eligible Tribesmen who were permanent residents of that area
Domicile of any person was the place which was considered by law to be his permanent home
Two essential conditions 'would confer indefeasible right of domicile on a person i.e. that he must dwell permanently within a particular area with no express intention of giving up both of them
In law, the term "abode" denoted the place a man's residence or his business that he could reside elsewhere
Such term was quite distinct from "domicile" which denoted more than a place of residence
Word "domicile" had been derived from the word "domus" meaning a home or a dwelling place and it was the relationship which the law indicated between an individual and a particular locality or a country
Under the laws and rules on the subject, every person had a right to get domicile certificate, provided he had a permanent abode in that area or was born of parents permanently domiciled in that place
Same was called domicile acquired by birth and his status would remain intact unless he would choose to settle in another place, District or Tribal Agency permanently, with no intention to return to the place of his birth/domicile/origin.
"Domicile and citizenship", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124940158
Precedents & Case Laws citing "Domicile and citizenship"
P L D 2007 Peshawar 147
ZAHIR SHAH and 11 others — Petitioners Versus AGENCY EDUCATION OFFICER, MOHMAND AGENCY GHALLANAI and 3 others — Respondents
Court: High Court2007 P L C (C
ZAHIR SHAH and 11 others Versus AGENCY EDUCATION OFFICER, MOHMAND AGENCY GHALLANAI and 3 others
Court: Peshawar High Court1984 C L C 2876
Department‑‑Appellant Versus NARAINDAS and another‑‑Respondents
Court: Karachi2005 C L C 617
MUHAMMAD ISHAQUE — Appellant Versus RETURNING OFFICER and another — Respondents
Court: KarachiP L D 2008 Federal Shariat Court 1
Suo Motu Case No.1/K of 2006
Court: High CourtP L D 1983 Quetta 20
ABDUL HAFIZ KHAN AND ANOTHER-Petitioners Versus DEPUTY COMMISSIONER, KHUZDAR AND 4 OTHERS-Respondents
Court: -- S. 23 read with Pakistan Citizenship Rules, 1952-Vires of RulesNo provision in Act itself existing for cancellation of Citizenship Certificate, any rule framed in such regard, empowering Central Government or any other authority, to cancel same, held, would be a rule outside scope of S. 23 of Act 11 of 1951 and, therefore, illegal and ultra vires.-Vires of statutes.P L D 1998 Lahore 59
SHARIFAN and 6 others — Petitioners Versus THE FEDERATION OF PAKISTAN trough Secretary, Ministry of Interior and Narcotics Control, Interior Division, Islamabad — Respondent
Court: High Court1980 S C M R 456
MUHAMMAD YAR KHAN-Petitioner Versus DEPUTY COMMISSIONER-CUM-POLITICAL AGENT,
Court: It is a well-settled principle of Private International Law, to which reference is necessary, as "domicile" has not been defined in the Pakistan Citizenship Act, that every person carries the domicile of the country in which he is born; that so long as he does not intentionally and by the exercise of free volition choose the domicile of another country he carries the domicile of his origin ; and that to prove that he had acquired another domicile of his choice he must show that he had intentionally taken a decision in that behalf in the sense that he had taken abode therein with the intention making it his permanent resi dence.-Words and phrases.P L D 1967 Dacca 627
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, GOVERNMENT OF EAST PAKISTAN‑Appellant Versus KIRAN CHANDRA DUTTA‑Respondent
Court:P L D 1988 Lahore 437
Miss NOOR FATIMA‑‑Appellant Versus ALIA MUEED and 4 others‑ ‑Respondents
Court: