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Zia--uddIn Vs. Abdul Majid and ors.

Court : Delhi

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 under

Shamim Ahmad Vs. Rashida Begum and Others

Court : Allahabad

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 … Administrator Municipal Committee, Ludhiana : [1964]2SCR273 , it was held that the jurisdiction of the civil court under Section 9, C.P.C. should be either expressly or impliedly barred. 25. In the present case, I find that the jurisdiction

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

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 … In this Sub-section and in Sections 10 and 17, 'enemy' includes an enemy subject and an enemy firm.'7. Section 9 provides that all enemy property vested in the Custodian shall be exempt from attachment, seizure or sale in

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 … 5A enquiry dated 24-10-1969 and Section 6 declaration dated 16.4.1970 and Section 9(3) and Section 10 notices dated 25.2.1972 and also had further drawn the

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 … did not cite any statute or case law. But I think he had in mind the provision of Section 9, Foreigners Act, 1946 which relates to, the burden of proof. This Section is a departure from the general

The Swadeshi Commercial Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Property

Acts : 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

Reported in : 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 … In this sub-section and in Sections 10 and 17, 'enemy' includes an enemy subject and an enemy firm.13. Section 9, provides that all enemy property vested in the custodian shall be exempt from attachment, seizure or sale in

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 … matter. Section 8 deals with the powers of custodian in respect of the enemy property vested in him. Section 9 provides that all enemy property vested in the custodian shall be exempt fromattachment, seizure or sale in execution

Naima Khatoon & Ors vs.government of India & Ors

Court : Delhi

Subject : Land Acquisition

of 11 6. On 12.08.2009, a Public Notification was issued by the Custodian under Section 11 of the Enemy Property Act, 1968 (hereafter „the Act‟). Paragraph 2 and 3 of the said notification read as under:-"“2. WHEREAS it is alleged … representative of the Custodian is required to prepare a detailed report of all cases identified W.P.(C) 10654/2015 Page 9 of 11 as enemy property and to submit the same to the Custodian alongwith his recommendations.22. Rule 4

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 … Rehman Elahi. This assumption is fundamentally flawed as none of the W.P.(C) 2517 & 2518 of 2011 Page 9 of 10 natural legal heirs of late Rehman Elahi acquired any right, title or interest in the properties