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Enemy Property Act, 1968

10 judgments · newest first · showing 1–10

MANTRI BROTHERSversusTHE STATE OF MAHARASHTRA

DISPOSED OFF

The petitioners, comprising Mehta Impex Pvt Ltd, the Wakf of Khan Bahadur Haji Shaikh Meherbaksh and the Mantri Brothers, challenged a series of communications and mutation entries that inserted the Custodian of Enemy Property as the owner of Wakf‑derived lands, alleging that no valid vesting under …

SUKHRAJ AND 3 OTHERSversusUNION OF INDIA AND 3 OTHERS

The petitioners challenged an order dated 26‑02‑2010 that treated their land as enemy property under the Enemy Property Act, 1968. They claimed they were unaware of the order until it was referenced in a related writ (Writ‑C No.42097 of 2025). The Union of India argued that the appropriate remedy …

LUCKNOW NAGAR NIGAM & OTHERSversusKOHLI BROTHERS COLOUR LAB. PVT. LTD. & OTHERS

2024 INSC 135Appeal(s) allowed

The Supreme Court examined whether the statutory vesting of enemy property in the Custodian for Enemy Property under the Enemy Property Act, 1968 amounts to an expropriation that transfers ownership to the Union of India, thereby invoking Article 285's tax exemption. It held that the Custodian acts …

ABID-UL-ISLAMversusINDER SAIN DUA

2022 INSC 402Appeal(s) allowed

The landlord filed an eviction petition under s.14(1)(e) read with s.25B of the Delhi Rent Control Act, 1958. The tenant sought leave to defend under s.25B(5); the Rent Controller denied the application, finding the landlord's bona‑fide need satisfied and the tenant's contentions unsubstantiated. …

ISMAILBHAI I. KANSARA (D) THROUGH LRversusSTATE OF GUJARAT & ORS.

2021 INSC 331Dismissed

Ismailbhai I. Kansara, an encroacher, occupied an evacuee land parcel in Gujarat since 1976 and was served an eviction notice under Section 19(2)(b) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. He filed a writ petition challenging the eviction, but the High Court and the …

UNION OF INDIA & ANR.versusRAJA MOHAMMED AMIR MOHAMMAD KHAN

2010 INSC 48Dismissed

The respondent, Raja Mohammed Amir Mohammad Khan, was declared the sole legal heir of the estate of the late Raja of Mahmudabad, which had been taken over by the Custodian of Enemy Property under the Enemy Property Act, 1968. The Custodian’s ledger showed a credit of Rs 1,77,38,828.11 as of …

UNION OF INDIA AND ANR.versusRAJA MOHAMMED AMIR MOHAMMAD KHAN

2005 INSC 513Dismissed

The respondent, an Indian citizen and sole heir of the late Raja of Mahmudabad, sought the return of properties that had been vested in the Custodian of Enemy Property after his father, a Pakistani citizen, migrated to Pakistan. The High Court held that the vesting was only for possession, …

LIAQ AHMED AND ORS.versusSHRI HABEEB-UR-REHMAN

2000 INSC 267Appeal(s) allowed

The respondent, claiming ownership of a Delhi premises through a sale deed, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, invoking bona‑fide requirement. The appellants, tenants, contended that the property was vested in the Custodian of Enemy Property for …

SEWA RAM AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 346Dismissed

Mohd. Marghoob Siddiqui, who had migrated to Pakistan before 1947 and became a Pakistani citizen, claimed Bhumidari rights of his mother Kabool Fatima after her death in 1965 and sold the land to the appellants. The Union of India and others initiated proceedings under the Enemy Property Act, 1968, …