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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

further explained 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 … Act dated 6-7-1967, Section 5A enquiry dated 24-10-1969 and Section 6 declaration dated 16.4.1970 and Section 9(3) and Section 10 notices dated 25.2.1972 and also had further drawn the attention of this Court to relevant portion of the

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)

of the 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 … for India and complete the necessary procedural and legal formalities. Thereafter, on 10.10.1981 Custodian of Enemy Property wrote a letter to the respondent asking for … Abdi (since deceased) continued to reside in India as Indian citizen.The Defence of India Rules, 1962 made under Section 3 of the Defence of India Ordinance, 1962 came into force with effect from 5.11.1962. Rule 133-V, inter

The Swadeshi Commercial Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Property

Acts : Enemy Property Act, 1968 - Sections 6, 8, 9, 13, 10, 17, 18 and 19; ;Defence of India Act, 1962 - Section 2 and 2C; ;Defence of India (Amendment) Act, 1971; ;Transfer of Property Act, 1882 - Section 116; ;Constitution of India - Article 226; ;Defence of India Rules, 1962; ;Defence of India Rules, 1971

Reported in : AIR2007Cal53

enemy firm and the respondent authority became the custodian of the enemy property under the provision of the Enemy Property Act, 1968 (hereinafter referred to as the 'said Act of 1968') and continued to be in possession since then. The … appellants were entitled to claim a declaration that the appellants were entitled to an order of divesting under Section 18 of the said Act of 1968. Mr. Mukherjee contended that the lease was in favour of the … of India v. Raja Mohammed AIR 2005 SC 4383 (supra). Paragraphs 5, 10, 11, 12, 13, 14, 15 and 16 of the said judgment being

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

and preservation. 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 … deceased) continued to reside in India as Indian citizen. On 5-11-1962, the Defence of India Rules made under Section 3 of Defence of India Ordinance, 1962 came into force. The said Rules inter alia provided that with … the Cabinet communicated to the petitioner, the second respondent vide letter dated 10-10-1981 wrote to the petitioner for legal evidence regarding heirs and successors of

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

Court : Supreme Court of India

Subject : Property

Acts : Enemy Property Act, 1968 - Sections 18

Reported in : JT2010(1)SC380; 2010(1)SCALE487; (2010)2SCC492; 2010(2)LC734(SC)

late Raja which had been taken over by the Custodian of Enemy Property under the provisions of the Enemy Property Act, 1968. It has further been contended that it could not, therefore, be disputed that the applicant is entitled to … to be done in regard to the rents and profits collected prior to 5.4.2002, is clearly provided in Section 18 of the Enemy Property Act, 1968 which provides that the Central Government may by general or special … estate prior to 5thApril, 2002 - Applications dismissed - Order 1, Rule 10 & Order 6, Rule 17: [S.B. Sinha & Dr. Mukundakam Sharma, JJ]

Shamim Ahmad Vs. Rashida Begum and Others

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 100; Enemy Property Act, 1968 - Sections 2, 18 and 19; Defence of India Act, 1962; Defence of India Rules, 1962; Punjab Village Common Lands (Regulation) Act - Sections 13

Reported in : 2001(2)AWC1316

20.2.1981. It was presented for registration on 20.5.1981. 18. The enemy and enemy property have been defined in Enemy Property Act. 1968. According toclause (b) of Section 2. enemy means a person or country who or which was enemy, an … is made during the last illness the doctrine of marzul-maut will apply and the gift will be invalid. 10. The last authority on this referred to is Mt. Sakina Begum v. Khalifa Hajiz-un-din and others AIR 1941

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

provisions of 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 … It is further alleged that by a registered Indenture of Conveyance dt. 10th Jan. 1950 Maharaja Paramjit Singh sold and conveyed the said immovable property … that the original of this Command dt.1-2-40 was with the Union of India. This.document was not produced. Under Section 65 of the Evidence Act if it is shown that the original of a document is in the

Liaq Ahmed and ors. Vs. Shri Habeeb-ur-rehman

Court : Supreme Court of India

Subject : TenancyProperty

Acts : Enemy Properties Act, 1968 - Sections 18 and 19; Delhi Rent Control Act - Sections 2, 14(1), 15, and 26B

Reported in : AIR2000SC2470; 85(2000)DLT358(SC); JT2000(5)SC611; 2000(4)SCALE100; (2000)5SCC708

distinction between the Evacuee Property Act under which the order dated 30th March, 1954 was passed and the Enemy Property Act, 1968 regarding which letter EkhibitP-1 dated 15th October, 1970 was issued intimating that the property, the subject matter of … provide for the control of rents and evictions of the tenants from the premises covered by the Act. Section 2(e) and (i) define 'landlord' and 'tenant' respectively. Section 14 provides protection to the tenants against eviction. Eviction … arbitration. Atul Singh & ors. vs Sunil Kumar Singh & ors.[CA No. 10/2008 DD 4.1.2008]. - 3. The history of the legislation regarding Rent Controls

M/s. Jay Construction Co. Vs. The Custodian of the Enemy Property and ...

Court : Mumbai

Subject : Land Acquisition

continues to vest in it as per certificate dated 17th February, 2005 issued under section 12 of the Enemy Property Act, 1968 (for short âthe said Actâ?). The Petitioner was called upon to show cause as to how construction was … seizure or sale in execution of a Decree of a Civil Court or order of any authority. By section 10, transfer of securities belonging to an enemy is dealt with. By section 11, there is a power conferred

Tanwir Eqbal and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Property

Acts : Enemy Property Act, 1968 - Sections 5 and 6; ;Code of Civil Procedure (CPC) , 1908 - Section 9

Reported in : AIR1989Cal139,(1989)1CALLT129(HC)

September, 1965 (copy enclosed) and continues to so vest in the said Custodian under the provisions of the Enemy Property Act, 1968'. (It is an admitted fact that Khadija Bi or Khadija Khatoon is one and the same person). The … that the said property as' vested in the custodian is without jurisdiction and contrary to the provision of Section 5, Enemy Property Act. It was further contended that Section 5 of the said Act states that notwithstanding … Government of India, Ministry of Commerce. Notification No. 12/265 E. Pty. dated 10th September, 1965 (copy enclosed) and continues to so vest in the said