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Zia--uddIn Vs. Abdul Majid and ors.

Court : Delhi

Subject : Property

Acts : Enemy Property Act, 1968 - Sections 9; Code of Civil Procedure (CPC), 1908 - Order 21

Reported in : AIR1972Delhi251

not transgress any law which requires compliance. 9. I have gone through the concerned provisions contained in 'The Enemy Property Act, 1968', Section 9 where of is :- '9. Exemption of attachment etc. - All Enemy Property vested in the Custodian … Abdul Majid has made the choice of remaining absent. The learned Sub-Judge who passed the impugned order dated 21st December, 1971 had been imp leaded as respondent No. 6. Respondent Nos. 1 and 6 being unrepresented the

Salim Ahmad Khan Vs. Xiith A.D.J. and ors.

Court : Allahabad

Subject : Tenancy

Acts : Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 21(1); Enemy Property Act, 1968 - Sections 9

Reported in : 2004(1)AWC308

name of Union of India. In the application it was pleaded that in view of Section 9 of Enemy Property Act, 1968 U.P. Act No. 13 of 1972 was not applicable to the house in dispute and custodian enemy property … of 1984 on the file of Prescribed Authority/Additional Civil Judge-I, Agra) filed by landlord/ respondent No. 3 under Section 21 of U. P. Act No. 13 of 1972, is pending. Before filing written statement/reply to the release application

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 … date on which the same has been issued, the property in question had ceased to be enemy property. 21. Mr. Dwarkadas, therefore, submits that none of these relevant and germane aspects have been noticed leave alone considered

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 … and by virtue of an award dated 11.03.1980. He too expired on 21.11.1986 and the appellant, who claims through the award and inheritance by operation

Pradip Kumar Sarkar and ors. Vs. Luxmi Tea Co. Ltd. and ors.

Court : Kolkata

Subject : Company

Acts : Companies Act, 1956 - Sections 108, 155, 397, 398 and 399

Reported in : [1990]67CompCas491(Cal)

although his name may not be recorded in the register of members. 43. Under Section 5 of the Enemy Property Act, 1968, the enemy property vests in the Custodian of Enemy Property. It is, therefore, seen that the Custodian of … same with the company for registration. The fifth, sixth and seventh plaintiffs claimed to have purchased respectively, 309, 210 and 546 fully paid-up equity shares arid lodged the same for registration with the company, but the registration

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 … the property in question had been taken over by the Government on 21.9.1984. It is further stated that the land acquisition proceedings had been taken … 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

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 … in Civil Appeal No. 2501 of 2002, which was disposed of on 21.10.2005, inter alia, with the following directions:The High Court had refused to grant

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 … of 2017 Page 4 of 143 intention to proceed with attachment and sealing of the said premises under Sections 506-509 of the Act of 1959. 4.5 At this juncture, it is necessary to state that Raja Mohammed … to Civil Appeal No.2501 of 2002. This Court by its judgment dated 21.10.2005 reported in Union of India vs. Raja Mohammad Amir Mohammad Khan, (2005)

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 … their instigation the Assistant Custodian of Enemy Property sent a notice dated 21st April, 1979 to petitioner 1 alleging that 'it has been ascertained that

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 … and the sale deed by the District Magistrate in favour of the appellant is without jurisdiction as invalid. 21. The last argument of the learned counsel for the appellant is that the suit of the respondent No.