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Jul 31 2015

M/s. Jay Construction Co. Vs. The Custodian of the Enemy Property and ...

Court : Mumbai

Decided on : Jul-31-2015

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 … hearing, copies of which are at Annexures 'Z' and 'AA'. Then, there was a further hearing held on 25th March, 2014, at which again, certain documents were relied upon by the Petitioner and they gave written reply

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Oct 21 2005

Union of India (Uoi) and anr. Vs. Raja Mohammed Amir Mohammad Khan

Court : Supreme Court of India

Decided on : Oct-21-2005

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 … taken up by the Cabinet and the Cabinet had decided to release 25% of the said property in favour of the legal heirs and successors … 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

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Jun 24 1988

Tanwir Eqbal and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jun-24-1988

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 … his office. The petitioner 1 replied to the show cause notice on 25th April, 1979 stating, inter alia, that the said Khadija Khatoon has never

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Aug 24 2006

Syed Jaweed Hussaini and anr. Vs. State of A.P. and ors.

Court : Andhra Pradesh

Decided on : Aug-24-2006

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 … 6 declaration dated 16.4.1970 and Section 9(3) and Section 10 notices dated 25.2.1972 and also had further drawn the attention of this Court to relevant

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Jun 18 1973

United Bank of India Ltd. Vs. United India Credit and Development Comp ...

Court : Kolkata

Decided on : Jun-18-1973

Subject : Company

Acts : Companies Act, 1956 - Sections 53, 53(3), 173, 372, 372(13), 372(14), 391, 392, 393 and 394; ;Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Section 6; ;Banking Regulation Act, 1949; ;Enemy Properties Act, 1968 - Sections 2, 7(3) and 8(1)

Reported in : [1977]47CompCas689(Cal)

held by the Pakistani nationals now in Bangladesh. Mr. Mukherjee referred to the provisions of the Enemy Properties Act, 1968, Sections 5, 7, 8, 10, 12, 13, 20 and 22, and he submitted, if necessary, that the petitioner … on Bangladesh shareholders, Mr. Nag rightly submitted that notice on Custodian of Enemy Property was sufficient under the Enemy Property Act, Section 2(c), Section 7(3), Section 8(1) and Section 2(i). Thereafter, he dealt with the decision cited by the … are pending against the petitioners under the provisions of Sections 235 to 251 of the Companies Act, 1956, or any other provisions thereof. It is

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Oct 18 2000

Shamim Akhtar Vs. Iqbal Ahmad and anr.

Court : Supreme Court of India

Decided on : Oct-18-2000

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 … dated 26.4.1993 respondent No. 1 filed the revision petition, C.R.R. No. 112/93, before the District Judge, Varanasi Under Section 25 of the Small Causes Court Act. During pendency of the revision petition before the Fifth Additional District Judge,

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Jan 03 2018

Kausar Iram vs.government of India & Ors

Court : Delhi

Decided on : Jan-03-2018

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 … IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:03. 01.2018 + W.P.(C) 2517/2011 ........ Petitioner ........ RESPONDENTS KAUSAR IRAM Versus GOVERNMENT OF INDIA & ORS Advocates who appeared in this case:

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Jan 03 2018

Rashida Khatoon & Ors vs.goverment of India & Ors

Court : Delhi

Decided on : Jan-03-2018

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 … IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:03. 01.2018 + W.P.(C) 2517/2011 ........ Petitioner ........ RESPONDENTS KAUSAR IRAM Versus GOVERNMENT OF INDIA & ORS Advocates who appeared in this case:

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Aug 12 1999

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

Court : Allahabad

Decided on : Aug-12-1999

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 … under Section 23 of the Small Causes Court Act. Aggrieved by this order, the landlady filed revision under Section 25 of the Small Causes Court Act and the same has been allowed by the impugned judgment dated 28.7.99.3.

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Sep 21 2001

Raja Mohammad Amir Mohannad Khan Vs. Union of India (Uoi) and anr.

Court : Mumbai

Decided on : Sep-21-2001

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 … of Mahmudabad and decision taken thereon by the Cabinet for release of 25% of the property in favour of legal heirs of late Raja of … 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

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