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Lennox James Ellis vs.union of India

Court : Delhi

Subject : Land Acquisition

August‟ 2016, issued by the Respondent W.P.(CRL) No.3432/ 2017 Page 1 of 45 under Section 5 of the Extradition Act‟ 1962 seeking an inquiry by the Court of the Ld. Additional Chief Metropolitan Magistrate 01, Patiala House Courts, New … of the Act, the provisions of the Act were made applicable to the Republic of Philippines, other than Chapter III of the Act. The extradition treaty between India and Philippines was signed at Manila on 12th day

Ram K. Mahbubani Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Criminal

Acts : Indian Extradition Act, 1962 - Sections 2, 3, 3(3), 4 to 11, 5, 6, 12 to 18, 24, 34, 34B and 1343; Extradition Act, 1870; Fugitive Offenders Act, 1881; Extradition Act, 1903; Bare Act; Extradition (Amendment) Act, 1993 - Sections 8; Code of Criminal Procedure (CrPC) , 1973 - Sections 228; Indian Penal Code (IPC) - Sections 415, 417 and 420; Civil Procedure (CPC), 1908

Reported in : 153(2008)DLT471; 2008(106)DRJ906

issuance of a writ of Habeas Corpus securing the release of the Petitioner under Section 24 of the Extradition Act, 1962 ('Extradition Act' for short); secondly, for quashing of the Orders of the learned ACMM dated 31.5.2007 and 28.7.2007 … with the Indian Extradition Act, 1903, stood repealed by the Extradition Act, 1962. The Extradition Act contains five Chapters. Originally, prior to the amendment effected by the Extradition (Amendment) Act, (66 of 1993) Chapter-II comprising Sections 4

Verhoeven, Marie-Emmanuelle Vs. Union of India Through Ministry of Ext ...

Court : Delhi

Subject : Right to Information

dated 24.02.2015 of the Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi under Section 34-B of the Extradition Act, 1962. Thereafter, accepting the extradition request dated 24.03.2015 made by the Republic of Chile, by order dated 18.05.2015 the … Act, 1962 (for short the Act') shows that it consists of altogether 37 Sections, divided into five Chapters. Chapter I contains Sections 1 to 3. While Section 1 provides for short title, extent and commencement of the Act,

Bhavesh Jayanti Lakhani Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Extradition Act, 1962 - Sections 2, 3, 5, 6, 13, 14, 15, 16, 17, 29 and 34B; Code of Criminal Procedure (CrPC) - Sections 41, 41(1), 105A to 105L and 154; Delhi Special Police Establishment Act, 1946 - Sections 3, 5; Code of Criminal Procedure (CrPC) (Amendment) Act, 1993; Foreigners Act; Delhi Special Police Ordinance, 1946; Police Act, 1861; Code of Civil Procedure (CPC) , 1908 - Sections 13 and 44A; Indian Penal Code (IPC) - Sections 363, 363A, 365 and 368; Punjab Police Rules; Constitution of India - Articles 14, 19, 21, 32, 73 and 226; Madhya Pradesh Police Regulations

Reported in : 2009(5)LHSC2857; JT2009(11)SC279; 2009(11)SCALE467; (2009)9SCC551; 2009AIRSCW6309

Interpretation of the roles and responsibilities of the Central Bureau of Investigation (CBI) vis--vis the provisions of the Extradition Act, 1962 (hereinafter referred to as 'the Act') is involved in this appeal. It arises out of a judgment and … that fugitive criminal was in Mumbai, he had not been detained.(iii) Keeping in view the provisions contained in Chapter III of the Act in terms whereof before passing an order of extradition the Magistrate is required to

Omesh Chander Kashyap vs.union of India

Court : Delhi

Subject : Land Acquisition

Additional Chief Metropolitan Magistrate vide order dated 31.03.2015, after a full fledged enquiry under Section 7 of the Extradition Act, 1962 (hereinafter called as „Act‟) recommended for the extradition of the petitioner to Canada, the requesting State. The W.P(Crl.) … documents and authentication thereof. (1) In any proceedings against a fugitive criminal of a foreign State under this Chapter, exhibits and depositions (whether received or taken in the presence of the person against whom they are used

Verhoeven, Marie-Emmanuelle Vs. Union of India and Ors.

Court : Supreme Court of India

Subject : Right to Information

question for consideration is whether there is a binding extradition treaty in terms of Section 2(d) of the Extradition Act, 1962 between India and Chile. Our answer to this question is in the affirmative.3. The subsidiary question, equally important, … is not an extradition crime.” 21. On 7th March, 1904 an Order in Council was made declaring that Chapter II of the Indian Extradition Act, 1903 shall have effect in British India as if it were a

Jugal Kishore More Vs. Chief Presidency Magistrate Calcutta and ors.

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 46, 75 to 86, 186 to 189, 403, 429, 439, 514 and 555; ;Constitution of India - Articles 21, 73, 227 and 394; ;Extradition Act, 1962 - Sections 2, 3(1), 19, 35 and 37; ;Fugitive Offenders Act, 1881 - Sections 13 and 26; ;General Clauses Act, 1897 - Section 3; ;Indian Penal Code (IPC), 1860 - Sections 3, 4, 120B, 216, 420, 467 and 471

Reported in : AIR1968Cal220,1968CriLJ604,71CWN508

strongly contended by Mr. Dutt in the very fact that after the Supreme Court decision and beforeenactment of Extradition Act, 1962, instructions were given' as above. But his Lordship finds 'an incorrectitude' in instruction (b) just reproduced, which, to … 11: and providing for extradition of fugitive criminals to commonwealth countries to which Chapter III does not apply. Chapter [I does no duty here : a case of extraditing More from a commonwealth country into India, just the

Puneet vs.u O I

Court : Delhi

Subject : Land Acquisition

ASHUTOSH KUMAR JUDGMENT ASHUTOSH KUMAR, J1 The petitioner, who is facing inquiry under Section 7 of the Indian Extradition Act, 1962 (hereinafter called as „Act‟) has challenged the order bearing No.T-413/48/2009 dated 08.06.2000 passed by the Ministry of External … 1962 (34 of 1962), the Central Government hereby directs that the provisions of the said Act, other than Chapter III, shall apply to the Commonwealth of Australia with effect from the 30th day of August, 1971. [No.F.413/1/71.].

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

of India was 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 the 'laws of the land, even to support a gesture of … extradition of fugitive criminals to foreign States and to commonwealth countries to which Ch. III does not apply. Chapter III deals with the return of fugitive criminals to commonwealth countries with extradition arrangements. By Section 12 it

Abu Salem Abdul Qayoom Ansari Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(2)(i), 3(2)(ii), 3(3), 3(5), 5, 19; Indian Penal Code (IPC) - Sections 120B, 302, 307, 387, 382; Constitution of India - Article 32

Blast Case No. 1 of 1993, as violative of the Rule of Speciality and Section 21 of the Extradition Act, 1962; (d) issue a writ of Mandamus to release and discharge the writ petitioner by quashing all the proceedings … of Section 3 of the Extradition Act, 1962, directing that the provisions of the Extradition Act, other than Chapter-III, shall apply to the Portuguese Republic with effect from 13.12.2002. j) The Government of India gave an undertaking