Judgment Search Results Home > Cases Phrase: enemy property act 1968 section 12 protection for complying with orders of custodian Page 1 of about 343 results (0.150 seconds)

M/s. Jay Construction Co. Vs. The Custodian of the Enemy Property and ...

Court : Mumbai

..... , it would be worthwhile and necessary as well to refer to the said act. the enemy property act, 1968 (act 34 of 1968) came in to effect on 20th august, 1968. it is an act to provide for 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 ..... is at annexure 'e' dated 19/20th december, 2013 is issued by the government of india, ministry of home affairs under section 6 of the enemy property act, 1968. once that overriding power of the central government is always available in issuing the subject notice, then, all the more the objection raised by the petitioner ..... banerjee, 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. when there is an enactment in the country, there is no necessity to rely on .....

Union of India (Uoi) and anr. Vs. Raja Mohammed Amir Mohammad Khan

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)

..... passing of the order. respondent's prayer for mesne profits and compensation in respect 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 india under the defence of india rules, 1962 and the defence of india rules, 1971 ..... . section 2(b) defines enemy, an enemy subject or an enemy firm and the same reads as under:- '2(b) 'enemy' or 'enemy subject' or 'enemy firm' means a person or .....

Zia--uddIn Vs. Abdul Majid and ors.

Court : Delhi

Reported in : AIR1972Delhi251

..... 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 this act shall be exempt from attachment seizure, or sale in execution of decree of civil court or orders of ..... 21 of the civil procedure code. 12. it is elementary that a successful bidder at an auction does not acquire any vested right in the property. section 9 of the enemy property act contained a substantive provisions of law. while complying with the procedural provisions contained in order 21 of the code an inquiry under section 9 ..... notice of the executing court in this case stood on a higher footing. 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 .....

Raja Mohammad Amir Mohannad Khan Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 2002(2)BomCR663; (2002)3BOMLR248; 2002(2)MhLj425

..... custodian for the purpose of the management, administration 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 to enemy property order, 1965 continued to be vested under the enemy property act. on 14-10-1973 the petitioner's father-late raja died in london where he ..... , find ourselves unable to accept this submission of the learned additional solicitor general.16. 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 .....

Tanwir Eqbal and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1989Cal139,(1989)1CALLT129(HC)

..... to respondent 1 only i.e. the 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 ..... i set aside and quash the memo no. 680 dated 14th february, 1984 along with the certificate under section 12, enemy property act, 1968 enclosed thereto issued by respondent 3, the asstt. custodian of enemy property in calcutta. let a writ or writs in terms of prayers (a), (b) and (c) be issued. ..... enemy properties vestedbefore such expiration in the custodian of enemy property will continue to vest in him immediately under the enemy property act. 1968. in order to 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 .....

Syed Jaweed Hussaini and anr. Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(5)ALD783

..... land acquisition proceedings had been taken place before the date of declaration of the land as enemy property. it is 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. the collector, ranga reddy .....

Salim Ahmad Khan Vs. Xiith A.D.J. and ors.

Court : Allahabad

Reported in : 2004(1)AWC308

..... the instant case, there is no evidence that the property was ever declared to be enemy property or that it ever vested in custodian, enemy property. if one party asserts that the property is enemy property and the other party disputes the said fact, then naturally it must be decided by some authority under enemy property act, 1968, that the property vested in custodian, enemy property. the only thing brought on record by tenant/petitioner ..... the rent in the 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 was necessary party. the prescribed authority by order dated 30.1.1986 rejected the application of the tenant/petitioner against which he .....

Liaq Ahmed and ors. Vs. Shri Habeeb-ur-rehman

Court : Supreme Court of India

Reported in : AIR2000SC2470; 85(2000)DLT358(SC); JT2000(5)SC611; 2000(4)SCALE100; (2000)5SCC708

..... india which could not 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 section 19 of the said act the rent controller had no jurisdiction. the appellants further submitted that the sale deed in favour of the respondent was not legal and genuine as the same was allegedly ..... 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. the question as to whether the property had actually vested or not, the consequence .....

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

Court : Kolkata

Reported in : AIR2007Cal53

..... 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 lease expired by efflux of time on march 31, 1967 ..... , 11, 12, 13, 14, 15 and 16 of the said judgment being relevant herein which are quoted below (paras 11 to 17 of air):9. 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. section 2(b) defines .....

Sudhendu Nath Banerjee and ors. Vs. Bhupati Charan Chakraborty and ors ...

Court : Kolkata

Reported in : AIR1976Cal267

..... mr. banerjee, 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. when there is an enactment in the country, there is no necessity to rely on foreign ..... no right to bring any action or continue any legal prosecution so long as the hostility continues. mr. banerjee also relied upon the provisions of enemy property act, 1968 and the defence of india rules, 1962. when mr. banerjee relies on the law of our country, it would be no useful purpose to ..... to 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. banerjee could .....