Court : Mumbai
Reported in : 2002(2)BomCR663; (2002)3BOMLR248; 2002(2)MhLj425
..... yet another submission made by learned additional solicitor general that once the property is vested in the custodian of enemy property under the enemy property act, 1968 it can only be divested under section 18 by the central government by special or general order and no order can be passed by the court also cannot be accepted. ..... it is respondents case that no relief can be granted to the petitioner in writ petition as the properties which have vested in the custodian under the enemy property act, 1968 could only be divested under section 18 of the enemy property act, 1968 by the central government by a general or special order and there is no obligation on the central government to divest the properties to the legal representative of deceased enemy person on the death of enemy national. ..... 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'). ..... custodian of enemy property at calcutta had taken a very unreasonable stand in the matter and tried to exercise control and possession over the property as a de jure authority under the said enemy property act, 1968. ..... in the year 1968, the enemy property act came into force and properties belonging to the late raja continued to be vested with the custodian. ..... the enemy property act came into force with effect from 20th august, 1968. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4383; 2006(1)BomCR639; [2005(4)JCR206(SC)]; JT2005(9)SC25; 2005(8)SCALE523; (2005)8SCC696; 2006(1)LC44(SC)
..... the enemy property act, 1968 was enacted for purpose of continued vesting of enemy property, vested in the custodian of enemy property for india under the defence of india rules, 1962 and the defence of india rules, 1971. ..... enemy property ordinance, 1968 was promulgated which was later on replaced by the enemy property act on 6.7.1968. ..... after the coming into force of the enemy property act in the year 1968 the properties of late raja continued to be vested with the custodian till he died on 14.10.1973 in london. ..... proviso to section 2(c) provides that where an individual enemy subject dies within the territories to which enemy property act extends, any property which immediately before his death belonged to or held by him or managed on his behalf may continue to be regarded as enemy property for the purposes of enemy property act notwithstanding his death. 10. ..... and the defence of india rules, 1971], but does not include a citizen of india;' section 2(c) defines the expression 'enemy property' as follows:-'2 (c) 'enemy property' means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm;provided that where an individual enemy subject dies in the territories to which this act extends, any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC380; 2010(1)SCALE487; (2010)2SCC492; 2010(2)LC734(SC)
..... that the answer to the question as to what is 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 order, direct that any enemy property vested in the custodian under this act and remaining with him shall be divested from him and be returned, in such manner as may be prescribed, to the owner thereof or to such other person as may be specified ..... of the judgments of the bombay high court and this court, holding the applicant to be the sole legal heir and successor of the late raja of mahmudabad, he had succeeded to the properties belonging to the late raja which had been taken over by the custodian of enemy property under the provisions of the enemy property act, 1968. ..... response was received to the said letter, another letter was issued to the custodian on 6.2.2008, and in his reply the said custodian replied that there was no provision in the enemy property act, 1968, to refund any amount received from enemy property. ..... 2501 of 2002, there could be no justification for the custodian of enemy property to object to making over of the moneys collected by him on account of rents and profits to the ..... the applicant, after continuous efforts, a copy of the ledger account was supplied to him in the month of december, 2007, by the office of the custodian of enemy property and on perusal of the same it was discovered that a sum of rs. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1990Delhi87
..... 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 in the custodian of enemy property for india under the defense of india, rules, 1962. ..... the definition of the word 'enemy' in this act of 1968 clearly excluded citizen of india and enemy property was defined to mean any property for the time being belonging to or held by or managed on behalf of an enemy. ..... it was necessary to pro7 mulgate the defense of india act and the rules, which statutory provisions enabled the government to declare certain properties to be enemy properties and thereafter, vest the same with the custodian. 75. ..... the said rules, apart from other matters, provided for vesting of enemy property in the custodian of enemy property for india appointed under the defense of india rules, 1962. ..... relying upon this, it is sought to be contended that the decision of the government, to treat the kapurthala house as state property, is an act of state and the same decision cannot be challenged because of the embargo placed by art. ..... even the property in india of persons, who had become aliens or enemies, as a result of an act of state, cannot be acquired by the state by an executive action. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi251
..... i have gone through the concerned provisions contained in 'the enemy property act, 1968', section 9 where of is :- '9. ..... the executing court had without knowing it that the property allegedly vested in the custodian of enemy property acted on the assumption that it belonged to abdul majid, judgment-debtor and was liable to attachment in execution of a decree which the petitioner had obtained against him, by the impugned order the court below has affirmed that it will be investigated as to whether abdul majid was the owner of the property on the date of auction or not, and that it will be gone into ..... while complying with the procedural provisions contained in order 21 of the code an inquiry under section 9 of the enemy property act could not be ruled out. 13. ..... section 9 of the enemy property act contained a substantive provisions of law ..... 4 and 5 may have had no locus standi to prefer the objections but that did not relieve the court of its judicial duty to give effect to the provisions of section 9 of the enemy property act. ..... the court below is only to go into the controversy as to whether on the date a attachment and auction the property in dispute vested in the custodian of enemy property or not and if so to what effect the court will record evidence, hear the parties and then come to a decision. ..... - all enemy property vested in the custodian under this act shall be exempt from attachment seizure, or sale in execution of decree of civil court or orders of any other authority.' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2470; 85(2000)DLT358(SC); JT2000(5)SC611; 2000(4)SCALE100; (2000)5SCC708
..... it appears that the rent controller failed to see the 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 litigation, had vested in the custodian of enemy properties for india. ..... reliance was placed on section 18 of the enemy properties act, 1968. ..... the claim of the landlord was resisted by the appellants on the ground that the property, the subject matter of litigation, is vested in the custodian of enemy properties for india which could not be alienated or sold to the respondent-landlord. ..... in support of their case the appellants had relied upon annexure p-1 which was an intimation by the custodian of enemy properties for india to the grandfather of the appellants to the effect that the property had vested in the custodian of enemy properties for 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 of enemy property for india. ..... because of scarcity of the accommodation and gradual rise in the rents due to appreciation of the value of urban properties, the landlords were found to be in a position to exploit the situation for their unjustified personal gains which were consequently detrimental to the helpless tenants who were subjected to uncalled for litigation for eviction. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal53
..... in 1965 due to hostilities between the two countries being india and pakistan due to indo-pak war the said branch of national bank of pakistan was declared as an 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 enemy property act, 1968 was enacted for the purpose of continued vesting of enemy property, vested in the custodian of enemy property for india under the defence of india rules, 1962 and the defence of india rules, 1971. ..... opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the custodian.this section provides that if any property vested in the custodian has been transferred, whether before or after the commencement of the enemy property act, by a enemy, or an enemy subject or an enemy firm and if the central government is of the opinion that such transfer is injurious to the public interest or was made with a view .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD783
..... further averred in para 5 of the affidavit that the land declared as enemy property and 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 for preservation and management of enemy property under his jurisdiction and hence possession was taken on 21.9-1984. ..... 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 authority considers necessary or expedient for the preservation and management of the enemy property under his jurisdiction. ..... maintain that the erstwhile hyderabad state was merged into indian union at a later point of time and it may be that originally the property would have been governed by the administration of evacuee property act, 1950 but in view of the changed situation, inasmuch as the owner of the property had migrated to pakistan at a later point of time, the stand of applicability of the enemy property act 1968 had been taken. ..... jeelani begum migrated to pakistan under the provisions of the enemy property act, 1968 and the property is vested in the state, the said assertion is unsustainable ..... is also stated that the enemy property act, 1968 was enacted consequent to the chinese aggression in the year 1962 and it was amended by act, 40 of 1977 after 1971 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal267
..... not been able to draw my attention to any provision in the act or order or notification which may even indicate that the continuance of a suit by an enemy lawfully started would be a nullity in the absence of any custodian, in the facts and circumstances, in my view, mere vesting of the property under the defence of india rules or the ordinance or the enemy property act, 1968 in the custodian will not prevent the enemy from continuing the suit if the custodian does not take any step ..... show any provision either in any order of the government or in the enemy property ordinance or in the enemy property act, 1968 which may suggest even that all the right, title and interest would devolve upon the custodian or that the enemy owner of the property becomes divested of all his right, title and interest therein. mr. ..... 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 declared an enemy of india, the suit started by him should have been ..... however, ultimately agrees that he wants to rely upon the provisions of the enemy property act, 1968 and the orders of the central government declaring that the properties of the citizens of the enemy country should vest in the custodian of enemy properties. ..... it has been further urged that there is no provision in the enemy property act of 1968 or in any connected enactment or orders which may suggest that the present suit should be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal139,(1989)1CALLT129(HC)
..... same time i find that there is ample scope of coming to a definite findingon the question involved in this case under the provision of section 6, enemy property act-1968 which runs as under: 'where any property vested in the custodian under this act has been transferred, whether before or after the commencement of this act, by an enemy or an enemy subject or an enemy firm and where it appears to the general government that such transfer is injurious to the public interest or was made with a view to evading or ..... union of india, ministry of commerce, to have the matter heard in accordance with section 6, enemy property act, 1968 by a high ranking officer not below the rank of the joint secretary or equivalent thereto and sitting or sittings should take place at new delhi after giving full opportunity of producing evidence and documents to the petitioners and the assistant custodian of enemy property in calcutta and hearing the parties on the basis of such evidence and documents in the light ..... attract the operation of the said section 5 it is necessary to establish that the enemy properties had vested in the custodian of enemy property under the act and continue to vest in him before the commencement of the enemy property act in 1968. ..... , 1984 along with the certificate under section 12, enemy property act, 1968 enclosed thereto issued by respondent 3, the asstt. ..... 1965 (copy enclosed) and continues to so vest in the said custodian under the provisions of the enemy property act, 1968'. .....
Tag this Judgment!