Advanced Search Results

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 … 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, 1962 aredeemed to continue in force as if having

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 … 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 India Act, 1962 to continue in force and repeal

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

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

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 … 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 … the legal heirs and successors of the respondent's father. Another communication dated 24.9.1981 was received by the respondent from the Director Vigilance, Ministry of Commerce

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 … Evacuee Property who in turn appeared through the State Counsel (DGC). The Trial Court by its order dated 24.10.1997 held that the Custodian of the Evacuee Property cannot be made a party in the suit. By the

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

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

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 … to be null and void and notwithstanding such transfer, continue to vest in the Custodian under this Act.10.16 Section 24 states that certain orders made under the Defence of India Rules, 1962, to continue in force and 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 1972, is pending. Before filing written statement/reply to the release application tenant/ petitioner filed application numbered as 24-Ga. In the said application tenant stated that house in dispute initially belonged to Sri Rahim Baksha whose entire