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Raja Mohammad Amir Mohannad Khan Vs. Union of India (Uoi) and anr.
Mumbai
Sep-21-2001
PropertyConstitution
Enemy Property Act, 1968 - Sections 2, 6, 8, 13 and 18; Enemy Property Order, 1965; Constitution of India - Article 226
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 outset, pursuant to the order passed by us on 4th September, 2001 directing respondents to place on record copy of the note put up
Tag this Judgment! AI Brief & AskShamim Ahmad Vs. Rashida Begum and Others
Allahabad
Apr-13-2001
PropertyCivil
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
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
Tag this Judgment! AI Brief & AskSudhendu Nath Banerjee and ors. Vs. Bhupati Charan Chakraborty and ors ...
Kolkata
Mar-02-1976
Constitution
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
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 … the theirs and legal representatives of Snehalata Devi, the original defendant No. 2 who died at the appellate stage. Ehupati Charan Chakraborty, the plaintiff is
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Union of India (Uoi) and anr. Vs. Raja Mohammed Amir Mohammad Khan
Supreme Court of India
Oct-21-2005
CivilProperty
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
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 … Enemy Property for India under the Defence of India Rules, 1962 and the Defence of India Rules, 1971. Section 2(b) defines enemy, an enemy subject or an enemy firm and the same reads as under:- '2(b) 'enemy' or
Tag this Judgment! AI Brief & AskLiaq Ahmed and ors. Vs. Shri Habeeb-ur-rehman
Supreme Court of India
Apr-28-2000
TenancyProperty
Enemy Properties Act, 1968 - Sections 18 and 19; Delhi Rent Control Act - Sections 2, 14(1), 15, and 26B
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
Tag this Judgment! AI Brief & AskThe Swadeshi Commercial Co. Ltd. Vs. Union of India (Uoi) and ors.
Kolkata
Nov-30-2006
Property
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
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 … Enemy Property for India under the Defence of India Rules, 1962 and the Defence of India Rules, 1971. Section 2(b) defines enemy, an enemy subject or an enemy firm and the same reads as under:2(b) 'enemy' or 'enemy
Tag this Judgment! AI Brief & AskBuniyad HusaIn and Others Vs. Zila Adhikari, Barabanki and Another
Allahabad
Mar-03-1998
Property
Enemy Property Act, 1968 - Sections 2; Constitution of India - Article 226
1998(2)AWC946
respondent No. 1, whereby he directed that the property in dispute should be recorded as enemy property. Under Enemy Property Act. 1968, enemy property has been defined as under :2. Definitions.--in this Act, unless the context otherwise requires : (a) … allowed with costs. Order dated 27.4.1994 passed by respondent No. 1 is quashed. Property - enemy property - Section 2(c) of Enemy Property Act, 1968 - no reason given for directing land to be recorded as enemy
Tag this Judgment! AI Brief & AskSyed Jaweed Hussaini and anr. Vs. State of A.P. and ors.
Andhra Pradesh
Aug-24-2006
Property
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
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 … 1950) is an Act to provide for the administration of evacuee property and for certain matters connected therewith. Section 2 of the Act (31 of 1950) deals with definition and Section 2(d) of the said Act defines 'evacuee'
Tag this Judgment! AI Brief & AskMohammad Israil and anr. Vs. Union of India (Uoi) and ors.
Kolkata
Sep-30-1974
Constitution
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
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
Tag this Judgment! AI Brief & AskSmt. Dropadi Devi and Others Vs. Union of India and Others
Delhi
Apr-12-1989
Property
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
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 … 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
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