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Shamim Akhtar Vs. Iqbal Ahmad and anr.

Court : Supreme Court of India

Subject : TenancyProperty

Acts : Evacuee Property Act, 1950; Enemy Property Act, 1968 - Sections 8; Constitution of India - Article 226; Provincial Small Cause Court Act, 1887 - Sections 23; Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 20

Reported in : 2001(1)ALD(Cri)612; 2000(7)SCALE197; (2000)8SCC123

the contention that the suit filed by the appellant was barred in view of Section 8 of the Enemy Property Act, 1968. Subsequently, respondent No. 1 sought an amendment of the written statement to introduce paragraph 29-A in which a … and, therefore, it had jurisdiction to try the suit. Again the respondent No. 1 filed an application Under Section 23 of the Provincial Small Cause Courts Act. 1887 to decide the question of title as a preliminary issue.

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 … Act, 1947. The said Act was repealed by the Requisitioning and Acquisition of Immovable Property Act, 1952. 91. Section 23 of the Requisitioning and Acquisition Act, 1952, inter alia, provides that any requisition ordered prior to 25th Jan.,

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 … it was lifted in 1968. The trial Court dismissed the suit on 23-2-1967 and the decision of the lower appellate Court was on 31-1-1972. As

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 … of 10 days' time given for the show cause notice i.e. on 23rd April, 1979 the Assistant Custodian of the Enemy Property issued letters to

iqbal Ahmad Vs. Vith Addl. District Judge, Varanasi and Others

Court : Allahabad

Subject : Tenancy

Acts : Provincial Small Causes Courts Act, 1887 - Sections 23 and 25; Enemy Property Act, 1968 - Sections 8

Reported in : 1999(4)AWC3455

written statement on his behalf was also filed wherein it was stated that under Section 8 of the Enemy Property Act, the property hasvested in the Central Government. After the remand, the trial court did not proceed to record … 8.9.98 ordered the return of suit to be presented before the proper court in exercise of powers under Section 23 of the Small Causes Court Act. Aggrieved by this order, the landlady filed revision under Section 25 of

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 … Act have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Section 23 confers powers to make rules and by section 24 and 25, certain orders made under the Defence 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 … provides that the provisions of the EnemyProperty Act shall have effect notwithstanding anything inconsistent contained inany other law. Section 23 empowers the Central Government to make rules.Under Section 24, certain orders made under the Defence of India Rules,

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 … occupation and possession of the land the same was fenced, curiously on 23.6.2004, the subordinates of 4th respondent with the help of Revenue Officials trespassed

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 … land at the said premises and continued in possession thereof till the date of his death on the 23rd of June, 1968. The petitioners Mohammad Israil and Ashique Hossain being the sons and Anwari Begum, Nejma Begum,

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 … of Andhra Pradesh vs. V.Subba Rao, 2011 SCC OnLine AP838(“Subba Rao”), Paras 23-25].; e) that Article 285 (1) is not attracted to the present case