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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)
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 … 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
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 … or 'enemy firm' has been defined under Section 2(b) and enemy property has been defined under Section 2(c). Sections 2(b)and 2(c) read thus -'2(b) 'enemy' or 'enemy subject' or 'enemy firm' means a person or country who … The petitioner, then, filed the suit bearing No. 365 of 1981 on 18-11-1981 before the Court of Civil Judge at Lucknow to seek declaration of
Tag this Judgment! AI Brief & AskShamim Ahmad Vs. Rashida Begum and Others
Allahabad
Apr-13-2001
PropertyCivil
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
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 … District Magistrate's act of executing the sale of such property is illegal. (iii) Cognizance by Civil Court - Sections 19 and 18 of Enemy Property Act, 1968 and Section 9 of Code of Civil Procedure, 1908 -
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Liaq 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
be alienated or sold to the respondent-landlord. Reliance was placed on Section 18 of the Enemy Properties Act, 1968. It was further pleaded that under … 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 … the respondent-landlord after affording the parties reasonable opportunity of proving their cases. No costs. Tenancy - eviction - Sections 14 and 15 of Delhi Rent Control Act, 1958 - appeal against Order of eviction under Section 14
Tag this Judgment! AI Brief & AskSyed 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 … year 1969.(ii) The state is estopped by approbating and reprobating having accepted title issued notices for enquiry under Sections 5A, 9(3) and 10 of the L.A. Act and having passed the nil award cannot leased out the … mandamus declaring the leasing of private land of an extent of Ac. 18.00 gts. situated in Survey No. 28 of Miyapur Village of Serilingampally Mandal,
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 over the suit property and it is also temporary because Section 18 of the Act says that the Central Government may by general or … the suit started by him should have been dismissed. Secondly, it has been urged that in view of Section 83 of the Code of Civil Procedure again, the plaintiff's suit should have been dismissed. Mr. Ghosh, the
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 … the impugned judgment the High Court has allowed the writ petition and held that on an interpretation of Sections 6, 8 and 18 of the Enemy Property Act, due to vesting of the property in the Custodian,
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 … 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 … funds of the enemy as may be directed by the Central Government.Explanation - 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
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 … of 1979 which was ultimately heard by P. C. Borooah. J. on 18th June. 1982 (reported in : AIR1982Cal342 ) when the Rule was discharged
Tag this Judgment! AI Brief & Askibrahim Vs. Gulam Mohammad
Rajasthan
Nov-16-1994
CivilProperty
Enemy Properties Act, 1968 - Sections 8
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. … is a citizen of Pakistan. The respondent filed a writtenstatement and raised an objection that by virtue of Section 83 of the Civil Procedure Code, the suit, as it is filed by the plaintiff alien enemy without … the Central Gazette, Extra Ordinary Part II Section 3(2), page 3406 dated 18-12-1971, which reads as under:--'In exercise of the powers conferred by Sub-rule(1) of
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