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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

said judgment being relevant herein which are quoted below (paras 11 to 17 of AIR):9. The Enemy Property Act, 1968 was enacted for the purpose … 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

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 … the Central Government.Explanation - In this Sub-section and in Sections 10 and 17, 'enemy' includes an enemy subject and an enemy firm.'7. Section 9 provides … 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

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 … peaceful possession and enjoyed the usufructs thereof. The said Qais died on 17th Jan., 1977 leaving behind the petitioners as his sole legal heirs 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 … company, or any director, manager or other officer thereof except with the consent in writing of the Custodian.10.13 Section 17 pertains to levy of fees and the same reads as under: Civil Appeal @ SLP (C) No.17402 of

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 … as no appeal was preferred against the said judgment and decree. On 17-2-1987, the petitioner wrote a letter to the then Prime Minister of India

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 … - Applications dismissed - Order 1, Rule 10 & Order 6, Rule 17: [S.B. Sinha & Dr. Mukundakam Sharma, JJ] Amendment of plaint to implead

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 … of the legal heirs of Late Rehman Elahi who were residents of Pakistan, executed a Release Deed dated 17.02.1977 expressly declaring that they had accepted the Will of Late Sheikh Hazi Rehman Elahi.7. It is stated that

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 … of the legal heirs of Late Rehman Elahi who were residents of Pakistan, executed a Release Deed dated 17.02.1977 expressly declaring that they had accepted the Will of Late Sheikh Hazi Rehman Elahi.7. It is stated that

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 … As through K. Butchaiah dated 11.2.2004, heirs of late B. Nagamallaiah dated 17.6.2004 heirs of late Pochaiah dated 11-2-2004 and the heirs of late Tatikonda

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 … challenge the gift deed in the appeal on the above ground. I find that the gifts are valid. 17. Now the second question is whether the District Magistrate had any authority to execute the sale deed of