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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 … Imprisonment viii) Section 3 of Explosive Substances Life Imprisonment Act, 1908ix) Offence punishable u/s. 4 of Imprisonment for 10 years Prevention of Damage to Public Property Actl) Upon extradition, custody of the appellant-Abu Salem was handed over

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.) … and for his delivery at a place and to a person to be named in the warrant.” 16. Section 10 of the Act deals with the material which could be received in evidence by the enquiry Magistrate:-"10. Receipt

Sarabjit Rick Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Criminal

Acts : Extradition Act, 1962 - Sections 2, 4, 5, 6, 7, 7(2), 7(3), 7(4) and 10; Narcotic Drugs and Psychotropic Substances Act, 1985; Evidence Act - Sections 3 and 90; Land Acquisition Act - Sections 51A; Fugitive Offenders Act, 1881; Constitution of India - Articles 21 and 226; Code of Criminal Procedure (CrPC) , 1898 - Sections 200, 207A, 207A(6), 208 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 173(5), 177, 188, 190 and 227; Code of Civil Procedure (CPC) - Order 21

Reported in : 2008(56)BLJR499; 146(2008)DLT197(SC); 2007(14)SCALE263; (2008)2SCC417; 2008(1)LC82(SC); 2008AIRSCW390; (2008)1SCC(Cri)449; MANU/SC/0041/2008

S.B. Sinha, J1. Leave granted.Introduction2. The scope and ambit of the provisions of International Treaty vis-a-vis the Extradition Act, 1962 is involved in the present appeal.Background Facts3. Appellant herein is said to be an Indian citizen. He allegedly … had an obligation to produce all such evidence in support of the prosecution. The same when read into Section 10 of the Extradition Act would lead to a conclusion that the records of the criminal case in United

Kamlesh Babulal Aggarwal Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Criminal

Acts : Extradition Act, 1962 - Sections 5, 7, 7(3), 7(4), 8, 10 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 228

Reported in : 2008(104)DRJ78

the order dated 30.10.2002 of the Additional Chief Metropolitan Magistrate, New Delhi (ACMM) under Section 7 of the Extradition Act, 1962 (hereinafter called as the Act). The ACMM held that there existed a prima facie case in support of

Flemming LudIn Larsen Vs. Union of India

Court : Delhi

Subject : Narcotics

Acts : Constitution of India - Articles 226 and 227; Extradition Act, 1962 - Sections 5 and 7(1); Narcotic Drugs Psychotropic Substances Act, 1985 - Sections 36-A

Reported in : 1999IVAD(Delhi)447; 1999CriLJ3114; 80(1999)DLT324; 1999(50)DRJ507

New Delhi, to issue a provisional warrant for the arrest of the petitioner under section 34B(1) of the Extradition ACt, 1962 (for short 'the Act). Acceding to the request the learned A.C.M.M, New Delhi, on August 12, 1997 issued … 2. The documents sent to the learned Metropolitan Magistrate ere not authenticated in accordance with the requirements of section 10 of the Act, and thereforee, they could not have been received in evidence. 3. The petitioner should not

State of Nct of Delhi Vs. Abu Salem Abdul Qayoom Ansari

Court : Delhi

Subject : Land Acquisition

here since there was no Extradition Treaty between the two countries, by virtue of Section 21 of the Extradition Act, 1962 (hereinafter referred to as the ‘Act’), a Notification, extending the applicability of the Act to the Republic of … the offences for which the prosecution was sought to be withdrawn, i.e. Sections 3(2) and 3(4) of MCOCA. 10. On 10.9.2010, Crl.A.990/2006 filed by the respondent before the Hon‘ble Supreme Court along with Crl.A.1142-43/2007 and WP(Crl.) 171/2006

Rosiline George Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Extradition Act, 1962 - Sections 2, 3, 5 and 10; Code of Criminal Procedure (CrPC) - Sections 177, 188 and 190; Constitution of India - Articles 32 and 372(1); International Law; Government of India Act, 1935 - Sections 11; India (Adaptation of Existing Indian Laws) Order, 1947; Adaptation of Laws Order, 1950; Indian Independence (International Agreements) Order, 1947

Reported in : 1993(3)Crimes583(SC); JT1993(6)SC51; 1993(4)SCALE230; (1994)2SCC80; [1993]Supp3SCR141; 1994(1)LC628(SC)

The Ministry of External Affairs, Government of India, in exercise of its powers under Section 5 of the Extradition Act, 1962 (the 'Act') passed an order dated December 5, 1988 requesting the Additional Chief Metropolitan Magistrate, Patiala House, New … pages, were supplied to George through his counsel by the Magistrate. At this stage, we may refer to Section 10 of the Act which is as under:10. Receipt in evidence of exhibits, depositions and other documents and authentications

Rajiv Chandrakant Shah vs.union of India

Court : Delhi

Subject : Land Acquisition

extradition to the Central Government. What is necessary to understand is that no formal trial is needed. Under Section 10 of the Extradition Act, 1962 the exhibits and depositions and official certificates of facts and judicial documents which … Ministry of External Affairs vide letter dated 19.02.2002 directed for an enquiry under Section 5 of the Indian Extradition Act, 1962 regarding the allegations of commission of certain offences by the petitioner within the territory of United States of

Sri R. Sadagopan Vs. Sri K. Rajaiah S/O Late Sri N. Kodandarama Naidu

Court : Karnataka

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1971 - Sections 2, 12, 13 and 15(1); Companies Act; Extradition Act, 1962 - Sections 21; Code of Criminal Procedure (CrPC) - Sections 313; Code of Civil Procedure (CPC) - Sections 24 - Order 1, Rule 10 - Order 6, Rules 16 and 17 - Order 7, Rule 11; Constitution of India - Article 226; Contempt of Court Rules - Rule 11

Reported in : ILR2009KAR3302; 2009(6)KarLJ239

facing trial in eight cases, which is in complete violation of the provisions of Section 21 of the Extradition Act, 1962 and he had also pleaded that, he was being kept in solitary confinement without proper medical aid in … in the reliefs, the plaintiff/accused ought to have taken recourse to the provisions contained in Order 1 Rule 10, Order 6 Rule 17 of C.P.C. Be that as it may. We do not intend to express any

Prem Swarup Puri Vs. Delhi Administration and Union of India

Court : Delhi

Subject : Constitution

Acts : Extradition Act, 1962 - Sections 21; Constitution of India - Article 226

Reported in : ILR1980Delhi184

bases his claim on the mandate in Article one of the decree and section 21 of the Indian Extradition Act 1962 (the Act). The Union of India, on the other hand, contend that they are entitled to try him … purpose, it is implied that he was delivered up for that purpose and no other.' (Vol. Ii p. 1045).(14) An extradition decree such as the one in this case which contains the terms of surrender constitutes a