| Citation(s) |
|---|
| 1980 SLG 290 1980 SLD 290 1980 SCMR 456 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 212 R of 1979, decision dated: 21st November, 1979. (On appeal from the judgment and order of the High Court of Baluchistan, Quetta, dated 8-10-1979, passed in Constitutional Petition No. 26 of 1979).
MUHAMMAD HALEEM AND G. SAFDAR SHAH, JJ
Yaqub Hussain Zaidi, Advocate on-Record. Nemo
Civil Petition for Special Leave to Appeal No. 212 R of 1979, decision dated: 21st November, 1979. (On appeal from the judgment and order of the High Court of Baluchistan, Quetta, dated 8-10-1979, passed in Constitutional Petition No. 26 of 1979).
MUHAMMAD HALEEM AND G. SAFDAR SHAH, JJ
Yaqub Hussain Zaidi, Advocate on-Record. Nemo
MUHAMMAD YAR KHAN
VS
DEPUTY COMMISSIONER CUM POLITICAL AGENT, LORALAI AND ANOTHER
Law:
Section:
(a) Private International Law --- Word "Domicile" Acquisition Pakistan Citizenship Act (II of 1951). 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 residence. [Words and phrases]. Private International Law by Cheshire, 7th Edn., p. 151 ref. (b) Pakistan Citizenship Act (II of 1951) ---- S. 3 read with Pakistan Citizenship Rules, 1952, r. 23 Domicile of Pakistan Person born in one of Districts of a Province in Pakistan Deemed to be a domicile of Pakistan by birth. (c) Pakistan Citizenship Act (Il of 1951) ----- Ss. 3 & 6 read with Pakistan Citizenship Rules, 1952, r. 23 Words and phrases Words "permanent residence" and "domicile" Held, two different concepts. [Words and phrases]. (d) Pakistan Citizenship Act (11 of 1951) -----Ss.3, 6, 8, 16,17 & 21 Facts emerging from analysis of sections. From the analysis of sections 3, 6, 8, 16, 17 and 21 of the Pakistan Citizenship Act, 1951 what would follow is' (1) that "domicile and "permanent residence" are two distinct and separate concepts, although before a person is granted a domicile certificate generally he must show that he had lived in Pakistan with the intention of permanently residing therein; (2) that when a person is granted a domicile certificate. He would be deemed to be a domicile of Pakistan and not of a Province or a part of a Province; (3) the fact that a person before making an application for the grant of a domicile certificate had lived in Pakistan would be entitled to persuade the authorities that he had done so with the intention of permanently residing therein and he was entitled to the grant of a domicile certificate; and…
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