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State Through the Idol Wing Crime Investigation Department. Vs. Subash ...

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code(IPC) 1860 - Section Sections 457, 380; Code of Criminal Procedure(CrPC) - Section 437, 70(2), 482, 446A, 173(8); Extradition Act, 1962 - Section 29

appropriate to cancel the Non Bailable Warrant when the extradition proceeding is in progress. Section 29 of the Extradition Act, 1962 reads thus:-29. Power of Central Government to discharge any fugitive criminal -. If it appears to the Central

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 … the petitioner that he made representation to the Central Government under Section 8 of the Act read with Section 29 thereof. Even some of the Members of Parliament interceded in the matter and requested the Government of India

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

there shall be no order as to costs. - Interpol Notice: [S.B. Sinha & Dr. Mukundakam Sharma, JJ] Extradition Act, 1962, Section 6, 16, 34-B and 15 - Matrimonial Dispute - Whether the CBI established under the DPSE Act has … required to commit the fugitive criminal to prison.iv) Only the Central Government in exercise of its power under Section 29 of the Act can discharge a fugitive criminal.v) The Magistrate cannot make a roving inquiry into the facts.vi)

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 … of the Extradition Act was issued only on 28.04.2015 and published in the Gazette of India (Extraordinary) dated 29.04.2015, which cannot have retrospective effect, the request of extradition made by the Republic of Chile vide Verbale Note

Niranjan Patel Vs. Uoi

Court : Delhi

Subject : Land Acquisition

passed by the learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi under Section 5 of the Extradition Act, 1962 in CC. No.79/1/08 whereby the learned Additional Chief Metropolitan Magistrate recommended extradition of the Petitioner to the United … The Act also has provisions under section 25 of the Act for grant of bail. The Act under section 29 confers wide powers on the Central Government to discharge the accused or cancel any warrants issued, if it

Omesh Chander Kashyap vs.union of India

Court : Delhi

Subject : Land Acquisition

carefully examined by the Central Government in light of W.P(Crl.) 2899/2015 Page 4 of 30 the provisions of Section 29 of the Extradition Act, 1962, which provide as follows:-"“if it appears to the Central Government that by reason … 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.)

Rajiv Chandrakant Shah vs.union of India

Court : Delhi

Subject : Land Acquisition

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 … in fact require a prima facie case only "in support of requisition". Reading the said provision Along with Section 29, we feel that the ambit of inquiry under Section 7 is in fact narrower than Section 228 Cr.PC

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 … with Sections 3, 4 and 5 of the TADA Act read with Sections 3, 7(a), 25(1A), 25(1AA), 26, 29, 35 of the Arms Act, 1959 read with Sections 3, 4, 5 and 6 of the Explosive Substances

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 … noticed already, and of which the remaining sections deserving of notice are - (i) Section 32 providing that Section 29 (by which the Central Government is empowered to discharge a fugitive criminal in certain circumstances, e. g., on

Yatindra Kumar Aggarwal and Another Vs. Union of India and Another

Court : Delhi

Subject : Education

that is whether the considerations which are required to be taken into account under Section 31(1)(d) of the Extradition Act, 1962 are to be examined by the Central Government prior to the issuance of an order of Magisterial Inquiry … a similar prohibition is contained in Article 14 of the Indo-US Extradition Treaty. It is further contended that Section 29 of the said Act empowers the Central Government to stay any proceedings and cancel the warrant issued under