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

Court : Delhi

Subject : Right to Information

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 States and Miscellaneous … 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

George Kutty Kuncheria Vs. Union of India and Another

Court : Delhi

Subject : CriminalConstitution

Acts : Extradition Act, 1962 - Sections 24; Constitution of India - Article 226

Reported in : 1998IIAD(Delhi)842; 1998CriLJ1871; 71(1998)DLT726; 1998(44)DRJ627

the Ministry of External Affairs, Government of India for extradition of the petitioner under Section 4 of the Extradition Act, 1962 (for short 'the Act') to United States of America on the ground that the petitioner embezzled $ 1.5 … for his delivery at a place and to a person to be named in the warrant. 5. In Chapter V, sections 24 and 29 need to be noticed. Section 24 falling in Chapter-V of the Act provides for

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 … means an order notified in the Official Gazette. Such definition is to be read with Section 35 in Chapter V, providing inter alia that every notified order shall, as soon as may be after it is made, laid

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 … 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

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 … Vikramajit Sen, J.1. In this writ petition three prayers have been asked for

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 … OF INDIA ORIGINAL CRIMINAL JURISDICTION WRIT PETITION (CRIMINAL) No.178 OF2015Verhoeven, Marie-Emmanuelle .…Petitioner versus Union of India & Ors. .…Respondents WITH CRIMINAL APPEAL No.417 OF2016(Arising out

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.]. … + W.P(CRL) 1633/2017 & CRL.M.A.9059/2017(stay) & 13654/2017 (directions) PUNEET U O I versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the...

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 … 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 … issued by his predecessor upon an old form but that does not vitiate the proceeding as a form cannot defeat justice. The learned Judge further

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 … of offences which do not form part of the extradition judgment, by virtue of which he has been brought to this country and he can

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 … conspiratOrs. He accordingly directed that a non-bailable warrant in Form II Schedule V of the CrPC be issued for the arrest of More, and that