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In Re: Rudolf Stallmann

Court : Kolkata

Subject : Criminal

Reported in : (1912)ILR39Cal164

of the 24th April 1911 and 8th May 1911 were bad. Apparently under Section 4(f) of the Indian Extradition Act, 1903, the fugitive must be within the local limits of the Magistrate's jurisdiction before he can issue his warrant. … case.35. The third branch of the contention is, in my opinion, equally unsustainable. It is suggested that if Sections 3 and 4 are read together, the inference follows that the only Magistrate who can be directed to enquire into … : In re Siletti (1902) 87 L.T. 332, 334 : 71 L.J.K.B. 935, Ex parte Besset (1844) 6 Q.B. 481, and indicated in Section 11

Harihar Chaturbhai Patel Vs. the Union of India (Uoi) and ors.

Court : Gujarat

Subject : Criminal

Acts : Extradition Act, 1903 - Sections 2, 3, 3(3), 3(6) and 9; Code of Criminal Procedure (CrPC) , 1898 - Sections 207; Fugitive Offenders' Act, 1881

Reported in : AIR1963Guj330; 1963CriLJ615; (1964)0GLR42

the matter. The learned Magistrate held an inquiry under Section 9 read with Section 3 of the Indian Extradition Act, 1903, and Section 207 of the Code of Criminal Procedure of India. At the inquiry before the learned Magistrate, … the effect of the coming into force of the Constitution of India, and the changes in the relevant sections.9. Now, the first contention raised by Mr. Thakore was that Section 9 applied only to what were known

In Re: K.R.P.L. Chockalingam Chettiar

Court : Chennai

Subject : Constitution

Reported in : (1960)2MLJ425

Ramaswami, J.8. On a reference made by our learned brother Somasundaram, J., whether Chapter III of the Indian Extradition Act, 1903, continues to be applicable to this case of extradition from India to Ceylon, this Full Bench has been … one of the crimes described in the First Schedule to this Act'. Chapter II of the Indian Act, Sections 3 to 6 deals with surrender of fugitive criminals in case of foreign States. But in regard to Chapter … a necessary result make the meaning of the words 'State not. being a Foreign State', in Sections 7 and 9 ambulatory. On this basis the Fugitive Offenders Act is a law relating to a species, viz-, British Dominions,

In Re: K.R.P.L. Chockalingam Chettiar

Court : Chennai

Subject : Criminal

Reported in : 1960CriLJ1625

J. 1. On a reference made by our 'learned brother Somasundaram, J. whether Ch. III of the Indian Extradition Act, 1903 continues to be applicable to this case of extradition from India to Ceylon, this Full Bench has been … one of the crimes described in the first schedule to this Act." Ch. II of the Indian Act, Sections 3 to 6, deals with surrender of fugitive criminals in case of foreign states. But in regard to Ch. … a necessary result make the meaning of the words "State not being a Foreign State", in Sections 7 and 9 ambulatory. On this basis the Fugitive Offenders Act is a law relating to a species, viz,, British Dominions,

Yatindra Kumar Aggarwal and Another Vs. Union of India and Another

Court : Delhi

Subject : Education

it holds that the Central Government has unfettered power to refuse extradition under Section 3(1) of the Indian Extradition Act, 1903, which, according to the learned counsel, was in pari materia to Section 5 of the said Act. It … on 26.04.2006). Mr Amit Bansal submitted that the Central Government, in para 9 of its counter-affidavit, has clearly stated that the offence for which extradition … another in Jaipur (Rajasthan) and the third one in Agra (U.P.). In Delhi, it was Case No.52/2005 under Sections 21, 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as

Himanshu Kulshrestha Vs. Union of India and Another

Court : Delhi

Subject : Education

it holds that the Central Government has unfettered power to refuse extradition under Section 3(1) of the Indian Extradition Act, 1903, which, according to the learned counsel, was in pari materia to Section 5 of the said Act. It … on 26.04.2006). Mr Amit Bansal submitted that the Central Government, in para 9 of its counter-affidavit, has clearly stated that the offence for which extradition … another in Jaipur (Rajasthan) and the third one in Agra (U.P.). In Delhi, it was Case No.52/2005 under Sections 21, 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as

Brij Bhushan Bansal Vs. Union of India and Another

Court : Delhi

Subject : Education

it holds that the Central Government has unfettered power to refuse extradition under Section 3(1) of the Indian Extradition Act, 1903, which, according to the learned counsel, was in pari materia to Section 5 of the said Act. It … on 26.04.2006). Mr Amit Bansal submitted that the Central Government, in para 9 of its counter-affidavit, has clearly stated that the offence for which extradition … another in Jaipur (Rajasthan) and the third one in Agra (U.P.). In Delhi, it was Case No.52/2005 under Sections 21, 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as

In Re: K.K.N. Mallick

Court : Chennai

Subject : Criminal

Acts : Extradition Act, 1903 - Sections 3 and 9

Reported in : AIR1950Mad307

ORDERSomasundaram, J.1. There is no political agent now in Mysore. Therefore Section 9, Extradition Act, applies as it is stated that the requisition of the State is under Section 9 of the Act, … ORDERSomasundaram, J.1. There is no political agent now in Mysore. Therefore Section 9, Extradition Act, applies as it is stated that the requisition of the State is under Section 9 … under Section 9 of the Act, which attracts the provisions of Section 3 of the Act. The Magistrate must therefore follow the provisions of Section

In Re: C.G. Menon and anr.

Court : Chennai

Subject : CriminalConstitution

Acts : Constitution of India - Articles 13, 13(1), 14, 372 and 372(2); Code of Civil Procedure (CPC) , 1908; Fugitive Offenders Act, 1881 - Sections 14

Reported in : AIR1953Mad729; (1953)IIMLJ61

India and foreign States including native States. By order in Council dated 7-3-1904, Chap 4 of the Indian Extradition Act, 1903 passed by the Governor General of India in Council was declared to have effect as if it was … with the need for such evidence, while the geographical contiguity of Madras and Singapore was enough to apply Sections 12 and 14 of the impugned Act and dispense with such evidence. Of course, that consideration cannot prevail … Prof. Willis in his Constitutional Law of the United States, at page 91 : '(i) There are situations where the Courts are in substantial agreement

State of West Bengal Vs. Jugal Kishore More and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Fugitive Offenders Act, 1881; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 121A, 122, 123, 420, 467 and 471; Code of Criminal Procedure (CrPC) , 1898 - Sections 82 and 439; Extradition Act, 1962; Constitution of India - Article 227

Reported in : AIR1969SC1171; 1969CriLJ1559; (1969)1SCC440; [1969]3SCR320

apprehended. This was in brief the procedure prior to January 26, 1950.14. The President of India adapted the Extradition Act 1903, in certain particulars. The Fugitive Offenders Act, 1881 and the Extradition Act, 1870, in their application to India … also without authority in the absence of a notified order Under Section 3 of the Extradition Act, 1962, and the High Court could not ignore … Shah J.1. In the course of investigation of offences Under Sections 420, 467, 471 and 120B I.P. Code the Officer in charge of the investigation submitted an application before … c. 41). In Halsbury's Laws of England, 3rd Edn., Vol. 5 Article 987, p. 433-in dealing with the expression 'Her Majesty's Dominions' in old statutes,