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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 … to 14(D) confer rights upon the landlord to recover immediate possession of premises on the grounds mentioned therein. Section 15 specifies the circumstances where the tenant can get protection against his eviction. If the eviction of the tenant

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 … the Custodian to be an enemy or an enemy firm, was not an enemy or an enemy firm.' Section 15 empowers the custodian to call for returns from persons whom, in his opinion have any interest in or

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 … AIR 2005 SC 4383 (supra). Paragraphs 5, 10, 11, 12, 13, 14, 15 and 16 of the said judgment being relevant herein which are quoted

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 … Petitioner forwarded to Respondent No. 1 the title documents. Annexure 'O' is a copy of the letter dated 15th February, 2006. 13. The Petitioner then stated that they were provided with a copy of the certificate issued

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 … Custodian of Enemy Property. This Suleman prior to partitions is residing at 15. Phears Lane, Calcutta. In the letter he stated that Khadija Khatoon and … 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

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 … affidavit filed in support of the writ petition. The facts and events commencing from the notification issued under Section 4(1) of the Land Acquisition Act dated 6-7-1967, Section 5A enquiry dated 24-10-1969 and Section 6 declaration dated … advance possession of Government Land in Survey No. 28 an extent of 15625 square metres had been handed over to Reliance Industries Ltd., on 23-12-2003

GyasuddIn Vs. Allah Tala Waqf Mausuma and anr.

Court : Allahabad

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 34; Code of Criminal Procedure (CrPC) - Sections 145 and 146; Muslim Law; Guardians and Wards Act, 1890 - Sections 29; Defence of India Rules, 1962 - Rule 133V(1); Citizenship Act, 1955 - Sections 9(2); Citizenship Rules, 1956 - Rule 30; Code of Civil Procedure (CPC) , 1908 - Sections 83

Reported in : AIR1986All39

other co-owners. This too, however, is beset with difficulty as will presently appear. 15. Section 5(1) of the Enemy Property Act, 1968 (as amended by the Central Act XL of 1977), which came into force on September 27, 1977 relied

Joshi Thomas Vs. Union of India and Others

Court : Kerala

Subject : Land Acquisition

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 as the Act). Ext.P5 is in different parts. The first part contains a certificate dated … properties of Pakistani citizens in India were vested in the custodian of enemy property under the said Rules. 15. Thereafter when the emergency was lifted, the Act was amended by the Enemy Property Amended Ordinance 1977 and

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

National Bank 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 … said owner of the premises demised the said premises to Md. Anwar and Md. Zafar for period of 15 years. It is alleged (that) by the said purported deed of lease, the said Mussamet Boktam Begum and

Lucknow Nagar Nigam Vs. Kohli Brothers Colour Lab Pvt Ltd

Court : Supreme Court of India

Subject : Land Acquisition

View of the Controversy:3. Whether statutory vesting of property termed as enemy property under the provisions of the Enemy Property Act, 1968 (hereinafter referred to as “the Act” for the sake of convenience) amounts to expropriation which leads to the … sell the enemy property as the owner of such property as no ownership rights are vested in him. Section 15 of the Act states that the Custodian may call from persons who, in his opinion, have any interest