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Syed Jaweed Hussaini and anr. Vs. State of A.P. and ors.
Andhra Pradesh
Aug-24-2006
Property
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
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
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and anr. Vs. Raja Mohammed Amir Mohammad Khan
Supreme Court of India
Oct-21-2005
CivilProperty
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
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 … preserve enemy property. Defence of India Ordinance, 1962 was repealed by Section 48 of Defence of India Act, 1962. The 1962 Rules, however, made under … 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
Tag this Judgment! AI Brief & AskZia--uddIn Vs. Abdul Majid and ors.
Delhi
Mar-13-1972
Property
Enemy Property Act, 1968 - Sections 9; Code of Civil Procedure (CPC), 1908 - Order 21
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 … 1971 in terms whereof a decree was passed in favor 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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Union of India (Uoi) Vs. Raja Mohammed Amir Mohammad Khan
Supreme Court of India
Jan-19-2010
Property
Enemy Property Act, 1968 - Sections 18
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
Tag this Judgment! AI Brief & AskLiaq Ahmed and ors. Vs. Shri Habeeb-ur-rehman
Supreme Court of India
Apr-28-2000
TenancyProperty
Enemy Properties Act, 1968 - Sections 18 and 19; Delhi Rent Control Act - Sections 2, 14(1), 15, and 26B
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 … Singh & ors. vs Sunil Kumar Singh & ors.[CA No. 10/2008 DD 4.1.2008]. - 3. The history of the legislation regarding Rent Controls in the
Tag this Judgment! AI Brief & AskSudhendu Nath Banerjee and ors. Vs. Bhupati Charan Chakraborty and ors ...
Kolkata
Mar-02-1976
Constitution
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
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
Tag this Judgment! AI Brief & AskMohammad Israil and anr. Vs. Union of India (Uoi) and ors.
Kolkata
Sep-30-1974
Constitution
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
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 … interfere with the petitioners' possession and realising the monthly rents without taking recourse to due process of law? 4. Mr. Imam submitted on the first question that the said Rule 133-V is ultra vires Section 3 of
Tag this Judgment! AI Brief & AskThe Swadeshi Commercial Co. Ltd. Vs. Union of India (Uoi) and ors.
Kolkata
Nov-30-2006
Property
Enemy Property Act, 1968 - Sections 6, 8, 9, 13, 10, 17, 18 and 19; ;Defence of India Act, 1962 - Section 2 and 2C; ;Defence of India (Amendment) Act, 1971; ;Transfer of Property Act, 1882 - Section 116; ;Constitution of India - Article 226; ;Defence of India Rules, 1962; ;Defence of India Rules, 1971
AIR2007Cal53
enemy firm and the respondent authority became the custodian of the enemy property under the provision of the Enemy Property Act, 1968 (hereinafter referred to as the 'said Act of 1968') and continued to be in possession since then. The … appellants were entitled to claim a declaration that the appellants were entitled to an order of divesting under Section 18 of the said Act of 1968. Mr. Mukherjee contended that the lease was in favour of the … at the material time it appears that by a letter dated April 4. 1967 the authority expressed their desire to release the excess portion in
Tag this Judgment! AI Brief & AskTanwir Eqbal and ors. Vs. Union of India (Uoi) and ors.
Kolkata
Jun-24-1988
Property
Enemy Property Act, 1968 - Sections 5 and 6; ;Code of Civil Procedure (CPC) , 1908 - Section 9
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
Tag this Judgment! AI Brief & AskRaja Mohammad Amir Mohannad Khan Vs. Union of India (Uoi) and anr.
Mumbai
Sep-21-2001
PropertyConstitution
Enemy Property Act, 1968 - Sections 2, 6, 8, 13 and 18; Enemy Property Order, 1965; Constitution of India - Article 226
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 … and Deputy Custodian are appointed under Section 3 while appointment of Inspectors of enemy property are made under Section 4. Section 5 provides that property vested in the custodian of enemy property for India under the Defence of
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