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

Court : Delhi

Subject : Right to Information

by Section 4(1) of the Indian Extradition Act, 1962, that the provisions of the said Act, other than Chapter III, shall apply to the Republic of Chile with effect from the date of publication of the said Notification … 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

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

11 contained the caption ' 'EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATES AND TO COMMONWEALTH COUNTRIES TO WHICH CHAPTER III DOES NOT APPLY'. Chapter-III containing Sections 12 to 18 concerned ' 'RETURN OF FUGITIVE CRIMINALS TO COMMONWEALTH COUNTRIES … 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

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

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, … the issuance of a notified order by the Central Government applying the provisions of the Act, other than Chapter III, to such foreign State or part thereof as may be specified in the notified order. The said Section

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

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 is … 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

Puneet vs.u O I

Court : Delhi

Subject : Land Acquisition

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.]. (Dr.) … 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

Narendra Gudgud Vs. Central Bureau of Investigation (Eow)

Court : Kolkata

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Section 13(1) and 13(2); ;Provisions of the Extradition Act, 1962 - Sections 19 and 36; ;Copyright Act; ;Indian Penal Code (IPC) - Sections 120B and 420; ;Code of Criminal Procedure (CrPC) , 1898 - Section 75; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 70, 77, 78, 79 and 482; ;Indian Law; ;Constitution of India - Articles 2, 9, 10 and 12

Reported in : 2009CriLJ4278

but is now in the USA the judiciary does not have any role to play. Provisions of the Extradition Act, 1962 and the Extradition Treaty between the USA and India would clearly reveal that the extradition proceedings can only … offence committed in India and who is or is suspected to be in any foreign State to which Chapter III does not apply, may be made by the Central Government:(a) to a diplomatic representative of that State at

Lennox James Ellis vs.union of India

Court : Delhi

Subject : Land Acquisition

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 of … 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

Sh. George Kutty Kuncheria Vs. the State and Another

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 439; Extradition Act, 1962 - Sections 7(4) and 25; Indian Penal Code (IPC), 1860 - Sections 409, 411, 424, 429 and 467

Reported in : 1990CriLJ694; 1990(1)Crimes381; 40(1990)DLT57; 1990(18)DRJ108

ORDER1. This petition under Section 439 of the Code of Criminal Procedure read with Section 25 of the Extradition Act, 1962 has been filed on behalf of the petitioner for his release on bail till the conclusion of the … Central Govt. has power by issuing a Notified order to apply the provisions of the Act other than Chapter III to such foreign, State or part thereof, to such Commonwealth country or part thereof to which Chapter III

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

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 be … 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