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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 … 3 not liable to recompensed the plaintiff for the amount in dispute? 11. Cannot the suit for the compensation be maintainable? 12. To what compensation … 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

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

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

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

the decision 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 … control of the property. Virtually speaking, the Enemy Property Act is a repetition of the Enemy Property Ordinance, 1968. Section 5 of the Act says that notwithstanding the expiration of the Defence of India Act, 1962 and 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 … 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

Naima Khatoon & Ors vs.government of India & Ors

Court : Delhi

Subject : Land Acquisition

of 11 6. On 12.08.2009, a Public Notification was issued by the Custodian under Section 11 of the Enemy Property Act, 1968 (hereafter „the Act‟). Paragraph 2 and 3 of the said notification read as under:-"“2. WHEREAS it is alleged

Kausar Iram vs.government of India & Ors

Court : Delhi

Subject : Land Acquisition

under W.P.(C) 2517 & 2518 of 2011 Page 1 of 10 Section 5, 5A and 24 of the Enemy Property Act, 1968 (hereafter „the Act‟).2. The issues involved in the present petitions are similar and, therefore, the present petitions were … Proceeding under the Act W.P.(C) 2517 & 2518 of 2011 Page 5 of 10 17. A notice under Section 11 of the Act was published on 12.08.2009, whereby objections were invited from any person claiming any interest in

Rashida Khatoon & Ors vs.goverment of India & Ors

Court : Delhi

Subject : Land Acquisition

under W.P.(C) 2517 & 2518 of 2011 Page 1 of 10 Section 5, 5A and 24 of the Enemy Property Act, 1968 (hereafter „the Act‟).2. The issues involved in the present petitions are similar and, therefore, the present petitions were … Proceeding under the Act W.P.(C) 2517 & 2518 of 2011 Page 5 of 10 17. A notice under Section 11 of the Act was published on 12.08.2009, whereby objections were invited from any person claiming any interest in

Vijay Kumar Sharma and Another vs Union of India and Othrers

Court : Delhi

Subject : Land Acquisition

however, in the interregnum has stayed the notice dated01.05.2018 issued by Custodian of Enemy Properties for India under Section 11 of the Enemy Property Acts, 1968 with respect to the suit property awaiting the disposal of the civil … dated 11.04.2025 is extracted as under: “GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS Office of the Custodian of Enemy Property for India First Floor, East Wing, Shivaji Stadium, Connaught Place, New Delhi -110001 FILE NO. 08-00-68/68/36THIS PROPERTY, BEARING … nature of PROHIBITION thereby prohibiting and restraining the respondentsto take any coercive action whatsoever against any of the properties of the Petitioners, including Property bearing

Abid-ul-islam Vs. Inder Sain Dua

Court : Supreme Court of India

Subject : Land Acquisition

not having title over the property; (ii) the property actually belongs to the Government of India under the Enemy Property Act, 1968 (hereinafter referred to as “Enemy Property Act”) and (iii) there are alternative accommodations by way of other properties … the exercise of the revisional power by the High Court of Delhi in its invocation of proviso to Section 25B(8) of the Delhi Rent Control Act, 1958 (for short “the Act”).2. Heard Mr. Amit Andley, learned counsel … the owner both by inheritance and by virtue of an award dated 11.03.1980. He too expired on 21.11.1986 and the appellant, who claims through the