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

Court : Delhi

Subject : Right to Information

12 to 18 deals with return of fugitive criminals to foreign States with extradition arrangements. So far as Chapter IV and Chapter V are concerned, they deal with Surrender or return of accused or convicted persons from foreign … 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

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 … from a commonwealth country into India, just the opposite of what Chapter II provides for. Then is reached Chapter IV, with three sections : Sections 19-21, prescribing the procedure for surrender of an accused from commonwealth countries. Plainly,

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 … or after the fact to, any offence described in paragraph 1.24. Article 4 defines political offenses. Clause (2) of Article 4 inter alia provides that

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

then takes me to different provisions of the Extradition Act, 1962 and pin points Section 19 occurring in Chapter IV of the Act:19. Mode of requisition or form of warrant for the surrender or return to India of … 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

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 … under Sections 3(2)(i), 3(2)(ii), 3(3), 3(5) and 5 of the TADA Act. 4) In addition to filing of the abovesaid appeals, the appellant has also

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 … Extradition Act, 1962.(ii) True copy of Note Verbale No. 05-290/CONS dated May 4, 2005 sent by the Embassy of the United States of America at

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 … or any subsequent notified order, direct that this Chapter and Chapters I, IV and V shall, in relation to any such foreign state, apply subject

M. Baskaran Vs. State

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 41(8) and 439; Extradition Act, 1962 - Sections 25

Reported in : 37(1989)DLT298

is relevant to mention the relevant provisions of the Extradition Act. An elaborate procedure has been provided in Chapter Ii of the Extradition Act, 1962 to regulate such a case as no extradition arrangements have been made … amounted to rejection of bail. Even otherwise, he could move the High Court under Section 25 of the Extradition Act, 1962 (hereinafter referred to as 'Extradition Act') after the rejection of the bail by the Magistrate as Magistrate has … the return of fugitive criminals to Malayasia, a commonwealth country. Under Section 4 of the Extradition Act, a requisition for the surrender of a fugitive

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 … Republic of Panama, it was held, referring to Terlinden v. Ames[11]. and Ivancevic v. Artukovic[12]. that the conduct of foreign affairs is a political function

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 … of implementing the arrangement.Section 13 provides that the fugitive criminals from commonwealth countries may be apprehended and returned. Chapter IV deals with the surrender or return of accused or convicted persons from foreign States or commonwealth countries. By