MOHD. RAZA DABSTANI versus STATE OF BOMBAY AND ORS.

MOHD. RAZA DABSTANI versus STATE OF BOMBAY AND ORS.

The appellant failed to discharge the burden of proving change of domicile from Iran to India prior to November 21, 1949; residence and business activity alone did not establish requisite intention. His own consistent description as an Iranian national negated claim to Indian domicile and citizenship under Article 5 of the Constitution.

Parties
Appellant: Mohd. Raza Dabstani; Respondents: State of Bombay and Ors.
Jurisdiction
India
Judgment Date
28 January 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave After Dismissal by City Civil Court and Bombay High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Domicile, Nationality, Indian Citizenship Under Article 5, Burden of Proof
Constitutional Law Citizenship Law Domicile Nationality Indian Citizenship Under Article 5 Burden of Proof

Case Brief

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Parties

Mohd. Raza Dabstani

Appellant

State of Bombay and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave After Dismissal by City Civil Court and Bombay High Court

Legal Issues

  1. 1 Whether the appellant had acquired Indian domicile before November 21, 1949 under Article 5 of the Constitution of India
  2. 2 Whether an Indian citizen can simultaneously be a national of another state
  3. 3 Whether residence alone is sufficient to prove change of domicile

Ratio Decidendi

The appellant failed to discharge the burden of proving change of domicile from Iran to India prior to November 21, 1949; residence and business activity alone did not establish requisite intention. His own consistent description as an Iranian national negated claim to Indian domicile and citizenship under Article 5 of the Constitution.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.