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Raja Mohammad Amir Mohannad Khan Vs. Union of India (Uoi) and anr.

Court : Mumbai

Subject : PropertyConstitution

Acts : Enemy Property Act, 1968 - Sections 2, 6, 8, 13 and 18; Enemy Property Order, 1965; Constitution of India - Article 226

Reported in : 2002(2)BomCR663; (2002)3BOMLR248; 2002(2)MhLj425

Thereafter, in the year 1968 the Enemy Property Ordinance, 1968 was promulgated which was replaced by Enemy Property Act, 1968 (For short 'Enemy Property Act'). The properties belonging to late Raja which vested in the second respondent pursuant … legal representative of deceased enemy person on the death of enemy national. It is respondents' case that the enemy properties were vested in the custodian as a reciprocal measure when the properties of the Indian nationals were seized … under Section 2(b) and enemy property has been defined under Section 2(c). Sections 2(b)and 2(c) read thus -'2(b) 'enemy' or 'enemy subject' or 'enemy firm' … impleaded as first respondent in that suit. The said suit decreed on 8-7-1986 and the petitioner was declared as soleheir and successor of bis father

Syed Jaweed Hussaini and anr. Vs. State of A.P. and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Land Acquisition Act - Sections 4(1), 5A, 6, 9(3), 10 and 18; Enemy Property Act, 1968 - Sections 2, 3 and 8; Enemy Property (Amendment) Act, 1977; Administration of Evacuee Property Act, 1950 - Sections 2; Defence of India Act, 1971; Constitution of India - Article 300A; Defence of India Rules, 1962 - Rule 133(1); Defence of India (Amendment) Rules, 1971

Reported in : 2006(5)ALD783

land to the 4th respondent without initiating the land acquisition proceedings and deprived the owners of their valuable properties, which is contrary to Article 300A of Constitution of India.(iii) The state having recognized the title to the … the scope and ambit of both the Administration of Evacuee Property Act 1950 and also the Enemy Property Act, 1968.5. Sri Polisetti Radhakrishna, the learned Counsel representing the 5th respondent would submit that the stand of the 5th … by approbating and reprobating having accepted title issued notices for enquiry under Sections 5A, 9(3) and 10 of the L.A. Act and having passed the … Land Acquisition Act by G.O.Ms. No. 340, M.A. & U.D. Department dated 8.7.2003 as illegal, arbitrary, capricious, mala fide and pass such other suitable orders.2.

Joshi Thomas Vs. Union of India and Others

Court : Kerala

Subject : Land Acquisition

passed by the Custodian of Enemy Property for India under Section 8 and 12 of the Enemy Property Act 1968 (hereinafter referred to as the Act). Ext.P5 is in different parts. The first part contains a certificate dated … Ext.P5 order passed by the Custodian of Enemy Property for India under Section 8 and 12 of the Enemy Property Act 1968 (hereinafter referred to … once Defence of India Act and Rules have come into force and by virtue of the provisions therein enemy properties had vested in the Government, the Act enables the Custodian only to manage the said properties which are

Shamim Akhtar Vs. Iqbal Ahmad and anr.

Court : Supreme Court of India

Subject : TenancyProperty

Acts : Evacuee Property Act, 1950; Enemy Property Act, 1968 - Sections 8; Constitution of India - Article 226; Provincial Small Cause Court Act, 1887 - Sections 23; Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 20

Reported in : 2001(1)ALD(Cri)612; 2000(7)SCALE197; (2000)8SCC123

that the suit filed by the appellant was barred in view of Section 8 of the Enemy Property Act, 1968. Subsequently, respondent No. 1 sought an amendment of the written statement to introduce paragraph 29-A in which a … Mohalla Harsha, Varanasi. The appellant claiming to be the landlady of the said house filed a petition Under Section 20 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to

Sudhendu Nath Banerjee and ors. Vs. Bhupati Charan Chakraborty and ors ...

Court : Kolkata

Subject : Constitution

Acts : Code of Civil Procedure (CPC) , 1908 - Section 83; ;Constitution of India - Article 359; ;Defence of India Rules, 1962 - Rule 133V; ;Enemy Property Act, 1968 - Sections 5, 6, 8, 8(1), 8(2) and 18

Reported in : AIR1976Cal267

to take effect on and from 10th of July, 1968. This was done for the administration of the enemy properties which had already vested in the Custodian of enemy property for India under the Defence of India Rules … of the first appellate Court below. It has been first contended that in view of the Enemy Property Act, 1968 and connected laws and regulations prior to it as the plaintiff was a Pakistani national when Pakistan was … decided the issues in favour of the plaintiff except the issue No. 8 which relates to the question of vesting of suit property in the … have been dismissed. Secondly, it has been urged that in view of Section 83 of the Code of Civil Procedure again, the plaintiff's suit should

Mohammad Israil and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Constitution

Acts : Defence of India Act, 1962 - Section 3(1) and 3(2); ;Defence of India Rules, 1962 - Rule 133V; ;Enemy Property Act, 1968 - Sections 7 and 8; ;Evidence Act, 1872 - Section 116; ;Constitution of India - Articel 226

Reported in : AIR1976Cal189,80CWN193

of Pakistan, 14, Netaji Subhas Road, Post Box No. 2678, Calcutta-1.Authorisation under Section 8 of the Enemy Property Act, 1968. WHEREAS, under Government of India, Ministry of Commerce Notification No. 12/2/65-E Pty. dated the 10th Sept., 1965 (copy … of Pakistan, 14, Netaji Subhas Road, Post Box No. 2678, Calcutta-1.Authorisation under Section 8 of the Enemy Property Act, 1968. WHEREAS, under Government of India, … decision relied on in the Bombay decision, the Single Bench decision of this Court in Deputy Custodian of Enemy Properties v. The Star Paper Mills Ltd., 48 Cal WN 163 must be held to be not correctly decided.

Union of India (Uoi) and anr. Vs. Raja Mohammed Amir Mohammad Khan

Court : Supreme Court of India

Subject : CivilProperty

Acts : Defence of India Act, 1962 - Sections 48; Defence of India Ordinance, 1962; Oudh Estates Act, 1869 - Sections 22; Enemy Property Act, 1968 - Sections 2, 6, 8, 9, 10, 13, 17, 18 and 19; Defence of India (Amendment) Act, 1971; Defence of India Rules, 1962 - Rules 133V; Enemy Property Ordinance, 1968; Enemy Property (Custody and Registration) Order, 1962; Enemy Property (Custody and Registration) (Amendment) Order, 1965

Reported in : AIR2005SC4383; 2006(1)BomCR639; [2005(4)JCR206(SC)]; JT2005(9)SC25; 2005(8)SCALE523; (2005)8SCC696; 2006(1)LC44(SC)

properties in question were rejected. 5. Counsel for the parties have been heard at length. The Enemy Property Act, 1968 was enacted for purpose of continued vesting of enemy property, vested in the Custodian of Enemy Property for … and successor of his late father Raja of Mahmudabad. It was held that the properties were no longer enemy properties as the title of the same now vested in an Indian citizen. The High Court accordingly directed appellant … has allowed the writ petition and held that on an interpretation of Sections 6, 8 and 18 of the Enemy Property Act, due to vesting

ibrahim Vs. Gulam Mohammad

Court : Rajasthan

Subject : CivilProperty

Acts : Enemy Properties Act, 1968 - Sections 8

Reported in : AIR1995Raj117

vested in the Custodian of the Enemy Property. The 'enemy property' is defined in Section 2(c) of the Enemy Properties Act, 1968, to be any property for the time being belonging to or held or managed on behalf of an … is a citizen of Pakistan. The respondent filed a writtenstatement and raised an objection that by virtue of Section 83 of the Civil Procedure Code, the suit, as it is filed by the plaintiff alien enemy without … filed a writtenstatement and raised an objection that by virtue of Section 83 of the Civil Procedure Code, the suit, as it is filed by

United Bank of India Ltd. Vs. United India Credit and Development Comp ...

Court : Kolkata

Subject : Company

Acts : Companies Act, 1956 - Sections 53, 53(3), 173, 372, 372(13), 372(14), 391, 392, 393 and 394; ;Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Section 6; ;Banking Regulation Act, 1949; ;Enemy Properties Act, 1968 - Sections 2, 7(3) and 8(1)

Reported in : [1977]47CompCas689(Cal)

of shares held by the Pakistani nationals now in Bangladesh. Mr. Mukherjee referred to the provisions of the Enemy Properties Act, 1968, Sections 5, 7, 8, 10, 12, 13, 20 and 22, and he submitted, if necessary, that the petitioner may

Smt. Dropadi Devi and Others Vs. Union of India and Others

Court : Delhi

Subject : Property

Acts : Constitution of India - Articles 77, 363 and 372; Delhi Premises (Requisition and Eviction) Act, 1947 - Sections 3; Code of Civil Procedure (CPC), 1908 - Order 26; Evidence Act, 1872 - Sections 63, 65 and 66 - Order 11, Rules 12 and 14 - Order 12, Rule 8 - Order 13, Rule 2; Constitution of India - Articles XII(3), 166 and 365(1); General Clauses Act, 1897 - Sections 3(29); Government of India Act, 1935 - Sections 6; Foreign Jurisdiction Act, 1947; Perpetuities and Accumulation Act; Transfer of Property Act, 1882; Indian Registration Act; defense of India Act, 1962; defense of India Rules, 1962 - Rule 133; Enemy Property Act, 1968; Immovable Property Act, 1952; Requisitioning and Acquisition Act, 1952 - Sections 19 and 23

Reported in : AIR1990Delhi87

of India Act and the rules, which statutory provisions enabled the Government to declare certain properties to be enemy properties and thereafter, vest the same with the Custodian. 75. The aforesaid instances will show that with respect to … R. 133(v) of the defense of India Rules, 1962. With the revocation of the emergency, the Enemy Property Act, 1968 was enacted, whose object was to provide for continuing vesting of enemy property, which had already been vested … to the property in question was without jurisdiction and authority of law. 8. On the basis of the pleadings of the parties, the following issues … 13 Rule 2 and Order 26 of Code of Civil Procedure, 1908, Sections 63, 65 and 66 of Indian Evidence Act, 1872, Transfer of Property