Judgment Search Results Home > Cases Phrase: enemy property act 1968 section 15 returns as to enemy property Court: mumbai Page 1 of about 42 results (0.084 seconds)

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 .....

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 .....

Abdullabhoy Esoofally Chas Vs. Akbarally SamsuddIn Raja

Court : Mumbai

Reported in : AIR1944Bom93; (1943)45BOMLR1102

..... partly at sidhpur within the territory of the baroda state and partly in siam which is now an enemy occupied territory. in doing so as regards the property in sidhpur is concerned this court is invited to determine title to that property as between parties to the suit.8. in this connection i would start my observations with reference ..... within the jurisdiction, even where he died domiciled abroad.moreover it is a principle of law that where the trustees are within the jurisdiction, the court will, acting on jurisdiction in personam, order them to carry out the provisions of the trust as they are in duty bound to do.6. it is also pointed out ..... itself, where it was outside their territorial jurisdiction, and further observed at p. 626 that whilst courts of equity had never claimed to act directly upon land situate abroad, they had purported to act upon the conscience of persons living within the jurisdiction. in reversing the judgment of the court of appeal lord herschell observed that the .....

Govindram Seksaria Vs. Edward Radbone

Court : Mumbai

Reported in : (1948)50BOMLR561

..... in question 'became void' within the meaning of section 65. it is also common ground that by virtue of the enemy property (custody and registration) order, 1939, the property and assets of the sellers, both of whom were enemy firms within the definitions in rule 103 of the defence of india rules, became vested in the respondents (hereinafter called ..... which will be considered later, their lordships feel no doubt that the decision of blagden j. was correct. the result of section 65 of the indian contract act was that, as from september 3, 1939, each of the parties became bound to restore to the other any advantage which the restoring party had received under ..... kingdom and germany. the ships carrying these consignments did not reach india and no further deliveries under the contract were made. section 65 of the indian contract act provides as follows :when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement .....

The Karadeniz

Court : Mumbai

Reported in : (1919)21BOMLR934

..... on trade in germany, and if for the purpose of doing so they removed from germany by sea any property they then had in germany it would during its transit for that purpose be free from seizure and condemnation as enemy property. 28. in the anglo-mexican (1918) a.c. 422 a claim was made by a naturalised american ..... who had a one-fifth share in a german partnership. their lordships said at p. 425:an acquired domicil may be abandoned, and if prior to the actual capture the owner has already done some unequivocal act indicating an ..... of trade ceases to have his share in the partnership property protected from confiscation...one test would be whether the neutral partner has done anything actively after the commencement of hostilities to further or facilitate the delivery of the goods to the enemy house...if the neutral does no act after the war in regard to the goods, but merely .....

Wolf and Sons Vs. Dadiba Khimji and Co.

Court : Mumbai

Reported in : (1919)21BOMLR986; 58Ind.Cas.465

..... that the defendants were right.39. it is not suggested that the wide powers given by section 6 of the enemy trading act, 1916, to the governor-general in council of cancelling contracts injurious to the public interest or revesting property transferred under them have ever been or could be exercised in the present case.40. i am, therefore, of ..... points, viz., (1) the effect of the war on the transactions in question and on the legal position of the bombay branch of the enemy firm, and (2) the provisions of the indian contract act with reference to the recovery of money.19. on the first branch of the case, it was urged by the appellants that the pre-war ..... after the 3rd day of august, 1914, by, or under the orders of, any officer of government in respect of the property, moveable or immoveable, of any hostile foreigner or hostile firm which, if this act had been in force, could have been validly done in the exercise of the powers conferred thereby, or which could have been conferred .....

Pohoomal Brothers (Silk Shop) Vs. Commissioner of Income-tax, Bombay C ...

Court : Mumbai

Reported in : [1965]55ITR112(Bom)

..... of the japanese action; and (2) that not only that the goods were frozen but on the declaration of war at the end of 1941, the goods were declared as enemy property and permanently lost to the assessee. the tribunal, however, took the view that the loss was of a capital nature and was not a trading loss of the revenue nature ..... on the ground of loss in stock-in-trade and book debts. the application made by the assessee under sub-section (1) of section 66 of the indian income-tax act, 1922, was rejected by the tribunal. on an application made by the assessee to this court under sub-section (2) of section 66 of the indian income-tax ..... act, this court directed the income-tax appellate tribunal to refer to this court the aforesaid two questions of law. the reference first came for hearing on the 25th of september, .....

A.J. Von Wulfing Vs. D.H. Jivandas and Co.

Court : Mumbai

Reported in : (1926)28BOMLR243

..... against any person for passing off goods as those of another person or the remedies in respect thereof.8. in india there being no registration act giving a right of property in trade marks by registration, the only right of action a trader or manufacturer has is the common law right of action which entitles him ..... under the order made by the board of trade and under rules made under the patents, designs and trade marks temporary rules act 1914 amendment act and that thereupon the said marks and names became public property both in england and india. they further contend that sunatogen and formamint were, from 1917 to 1923, imported into india by ..... of the war the said compounds were imported into india by the plaintiffs' london firm until the property and assets of the plaintiffs' london firm were sold in june 1917 by the controller appointed under the trading with the enemy (amendment) act 1916 to genatosan limited, that from and after june 1917, the said genatosan limited imported the .....

State of Maharashtra Vs. Dr. B.K. Subbarao and Another

Court : Mumbai

Reported in : 1993CriLJ2984

..... the information which you had obtained illegally and were taking to u.s.a. and the said information according to section 20(7) of atomic energy act was the property of central government and the disclosure of which was restrained/restricted, which you tried to disclose by obtaining the said information in the form of books and ..... c. during 1976 to 1983 you were dealing with classified subjects and had control over secret and top secret official documents which were likely to assist the enemy or the disclosure of which was likely to affect the sovereignty and integrity of india and wilfully communicated the documents or information to persons other than those to ..... the purpose of communicating to foreign agents was a classified information relating to ministry of defence, which is calculated to be or intended to be useful to the enemy and the disclosure of which was likely to affect the sovereignty and integrity of india, the security of the state or friendly relations with foreign states and .....

Boarland (inspector of Taxes) Vs. Madras Electric Supply Corporation ( ...

Court : Mumbai

Reported in : [1953]23ITR365(Bom)

..... appeal in bank voor handel en scheepvaart n. v. v. slatford [1953] 1 q. b. 248. the actual decision there was that the office of custodian of enemy property was not such as of itself to confer upon its holder the immunity from tax belonging to the crown, but there was as elaborate discussion on crown immunity in the ..... crown. the company appeals to this court. 12. mr. millard tucker drew our attention to section 175(2) of the government of india act, 1935, under which it is provided that : 'all property acquired for the purposes of the federation or of a province shall vest in his majesty for those purposes.' he appeared to a seek to ..... in a charging order, or section, will not include the crown. the crown does not impose a tax upon itself.' he drew our attention to the preamble to the finance act, 1947 : 'most gracious sovereign, we, your majesty's most dutiful and loyal subjects, the commons....... in parliament assembled,..... have freely and voluntarily resolved to give and grant unto .....