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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

otherwise requires,'Custodian' means the Custodian of Enemy Property for India appointed or deemed to have been appointed under Section 3 and includes a Deputy Custodian and an Assistant Custodian of Enemy Property appointed or deemed to have been … 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

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Sep 30 1974

Mohammad Israil and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Sep-30-1974

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 … arise in this matter: (i) Is the Rule 133-V of the Defence of India Rules, 1962 ultra vires Section 3 of the Defence of India Act? (ii) Can the respondents Nos. 2 and 3 take possession of the

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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

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Apr 12 1989

Smt. Dropadi Devi and Others Vs. Union of India and Others

Court : Delhi

Decided on : Apr-12-1989

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 … drawn up. Order accordingly. Property - voluntary transfer - Articles 77, 363 and 372 of Constitution of India, Section 3 of Delhi Premises (Requisition and Eviction) Act, 1947, Order 11 Rules 12 and 14, Order 12 Rule 8,

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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 … 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 alia,

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Apr 13 2001

Shamim Ahmad Vs. Rashida Begum and Others

Court : Allahabad

Decided on : Apr-13-2001

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 … is alleged by the plaintiff that Abdul Sadiq remained in India during his life time and died on 3.1.1961. Maqbool Alam along with his family migrated to Pakistan in the year 1951 and died in Pakistan in

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Apr 28 2000

Liaq Ahmed and ors. Vs. Shri Habeeb-ur-rehman

Court : Supreme Court of India

Decided on : Apr-28-2000

Subject : TenancyProperty

Acts : Enemy Properties Act, 1968 - Sections 18 and 19; Delhi Rent Control Act - Sections 2, 14(1), 15, and 26B

Reported in : 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 … India. The aforesaid communication read as under:With reference to your letter dated 30.9.70 I have to state that the above premises vests in the Custodian

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Mar 13 1972

Zia--uddIn Vs. Abdul Majid and ors.

Court : Delhi

Decided on : Mar-13-1972

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 … of the petitioner for the recovery of Rupees 40,000/- against respondent No. 1 on the 15th April, 1971. 3. The petitioner took out execution and the executing Court passed an order attaching the property bearing Municipal Numbers

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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 … 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 a

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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 … â(a) âCustodianâ? means the Custodian of Enemy Property for India appointed or deemed to have been appointed under section 3 and includes a Deputy Custodian and an Assistant Custodian of Enemy Property appointed or deemed to have been

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