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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)1CALLT125(HC)
..... the rank of a joint secretary or equivalent thereto of the ministry of commerce, government of india, should hear the matter in accordance with section 6 of the enemy property act, 1963 and sitting or sittings should take place at new delhi on the basis of such evidence and documents as discussed in the said judgment. my apprehension has ..... that the division bench judgment of 14th july, 1988 is an open remand to the central government and at the same time not restricted to section 6 of the enemy property act only. it has been further stated that the appeal court's order was made by consent of both the sides and as the order of the appeal court ..... no. 6818(w) of 1984 i set aside and quashed the memo dated 14th february, 1984 along with the certificate under section 12 of the enemy property act, 1969 issued by the assistant custodian of enemy property in calcutta and allowed the writ application. i, however, gave liberty to the union of india, ministry of commerce, to have the matter heard in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal189,80CWN193
..... lease. therefore, mr. roy chowdhury submitted that the said notices were valid and legal according to the provisions of the defence of india rules and enemy property act, 1968 and, therefore, the rule should be discharged and interim order vacated. 8. considering the respective contentions very carefully i am of the view that ..... appears that the premises no. 19 phears lane, calcutta is an enemy property within the meaning of the defence of india act, 1962 and rule 133-v made thereunder read with enemy property act, 1968 and as such it has duly vested in the custodian of enemy property by the said notification dated the 10th of september, 1965 made ..... the schedule annexed hereto is/are all/a pakistan nationals) owning the immoveable properties mentioned in column 3 thereof. now, therefore, i, shri m.k. ranga-chari, custodian of enemy property for india under section 8 of the enemy property act, 1968 authorise you to take, such measures as you consider necessary expedient for the preservation .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT156(HC)
..... the order dated 14.2.1984 passed by the assistant custodian. liberty was given to union of india to have the matter heard in accordance with section 6 of enemy property act, 1968 by a high ranking officer. the union of india filed an appeal against the said judgment being f.m.a.t. no. 22,73 of 1988. on 14 ..... filed 3rd writ petition being c.o. no. 5794(w) of 1989 .against this judgment. the writ petition was allowed and the order of the custodian of the enemy property was quashed on 18.6.1992. in this appeal, officer for the union of india alleged that the learned single judge committed an error in interfering that the order ..... was dismissed. against the said order, the respondent preferred a special appeal on the civil appellate jurisdiction side. the appeal was allowed and the assistant custodian of the enemy property was directed to dispose of the representation made by the respondent in answer to the show-cause notice. after giving them a reasonable opportunity of being heard, the custodian .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal241
..... the money decree the execution case was disposed of by noting that the same was disposed of on part satisfaction. the enemy property act was enacted in 1968 by replacing the enemy property orinance, 1968. the said enemy property act, 1968 was enacted for continuance of the vesting of enemy property under the custodian of enemy property under defence of indian rules, 1962 and for matters connected therewith. it appears that the possession of the ..... this connection has referred to the definition of enemy property as appearing in s. 2(c) of the enemy property act, 1968. 'enemy property' according to the said act 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, mr. banerjee has contended that when in 1952 the said enemy or enemy subjects were declared as rank trespassers in respect .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]47CompCas689(Cal)
..... vested in the custodian of enemy property under the enemy properties act of 1968, it is contended by mr. mukherjee that when, the adjourned meeting was called notices were sent to the custodian of enemy property in respect of shares held by the pakistani nationals now in bangladesh. mr. mukherjee referred to the provisions of the enemy properties act, 1968, sections 5, 7, ..... section 393 failed. regarding the contention that no notice was served 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 ..... substance in it and, in any event, notice to the custodian of the enemy property under the enemy property act--section 2(c), section 7(3), section 8(1)--are sufficient notice and in due compliance with the provisions of the act. in my view, the decisions cited by the opposing group of shareholders have .....
Tag this Judgment!Court : Kolkata
Reported in : [1958]34ITR43(Cal)
..... will adhere to my hypothetical figure) worth originally pounds 5,000, which was destroyed and reduced to a value, say, of pounds 500 as a result of enemy action, that property for accounting and therefor for tax purposes would be reduced in the accounts from its figure of pounds 5,000 to its figure pounds 500 and in respect of ..... favour of the crown. the qualification is expressed in these words : 'we hold what the company should in general include payments received under the war damage act, but that where a property has been, is being, or is intended to be repaired or rebuilt sum received in respect of it should not be include as receipts but should be deducted ..... to apprehend the points made upon the other sections) just to refer to section 66(1) which provides : 'contributions made and indemnities given under this part of this act shall be treated for all purposes as outgoings of a capital nature'; from which it follows, as i fully agree and as the judge said, that the contributions paid .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal542
..... impugned order was passed after the expiry of the defence of india act or the rules in the year 1968, the vesting would not be affected. mr. das has in this connection drawn my attention ..... manner of doubt that mst. khadiza khatun was in fact an enemy within the meaning of the act and the rules. as regards the two decisions cited by mr. banerji, mr. das has submitted that the two learned judges completely overlooked the fact that on and from sept. 10, 1965 all enemy property automatically vested in the government of india and even if the .....
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