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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 … custodian, the Central Government may declare such transfer to be void after hearing the transferee in the matter. Section 8 deals with the powers of custodian in respect of the enemy property vested in him. Section 9 provides

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

suit property. It is also stated that the custodian of enemy property of India had issued authorization under Section 8 of the Enemy Property Act-1968 authorizing the Revenue Divisional Officer, Chevella Division to take such measures, as the … 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

Joshi Thomas Vs. Union of India and Others

Court : Kerala

Subject : Land Acquisition

Ext.P5 order passed by the Custodian of Enemy Property for India under Section 8 and 12 of the Enemy Property Act 1968 (hereinafter referred to as the Act). Ext.P5 is in different parts. The first part contains a certificate dated

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

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 … property, already vested, becomes void.7. In connexion with Section 6 mentioned above, we may consider the provisions of Section 8 of the Act. This relates to the powers of Custodian relating to the enemy property vested in him.

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

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 … the enemy property in general by an enemy subject meaning thereby the title still remains with him. 6. Section 8 deals with power of Custodian in respect of the enemy property vested in him. The same is reproduced

ibrahim Vs. Gulam Mohammad

Court : Rajasthan

Subject : CivilProperty

Acts : Enemy Properties Act, 1968 - Sections 8

Reported in : AIR1995Raj117

? (ii) Whether the prosecution of the suit by the plaintiff was barred under the provisions of the Enemy Property Act, 1968 after the declaration of Emergency by the Government of India during the pendency of the suit ?' 2. … belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm. Section 8 provides for the powers of the Custodian in respect of enemy property vested in it. Section 8(1)(ii) gives

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

Court : Kolkata

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

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 … and obligations with regard to the property which was requisitioned will be regulated under the 1952 Act. 92. Section 8 of the Act lays down the principles and the method for determining compensation payable in respect of property