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Abu Salem Abdul Qayoom Ansari Vs. State of Maharashtra and anr.
Supreme Court of India
Sep-10-2010
Criminal
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 … g) During the course of trial, the Designated Court, Mumbai, framed common charge of criminal conspiracy punishable under Section 3(3) of the TADA Act and Section 120 B of the Indian Penal Code read with Sections 3(2)(i), (ii),
Tag this Judgment! AI Brief & AskBansil Mutei Shiblaq Vs. Union of India (Uoi) and ors.
Delhi
Apr-17-2007
Criminal
Extradition Act, 1962 - Sections 4, 5, 7, 7(3), 7(4), 9, 34B, 34B(1), 34B(2), 34B(3) and 34(2); Code of Criminal Procedure (CrPC) - Sections 397; Constitution of India - Article 21
2007(96)DRJ120
the Additional Chief Metropolitan Magistrate (ACMM) dated 21-3-2007, rejecting his application for discharge under Section 34-B(2) of the Extradition Act, 1962 (hereafter 'the Act').2. The facts necessary to decide the petition are that the petitioner, a UK national, professes
Tag this Judgment! AI Brief & AskVerhoeven, Marie-Emmanuelle Vs. Union of India Through Ministry of Ext ...
Delhi
Sep-21-2015
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 … Act, 1962, the other petition being W.P.(Crl.) No.1215/2015 has been filed assailing the Notification dated 28.04.2015 issued under Section 3(3) of the Extradition Act, 1962 as well as the order dated 18.05.2015 passed by the Ministry of External
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Bhavesh Jayanti Lakhani Vs. State of Maharashtra and ors.
Supreme Court of India
Aug-07-2009
Criminal
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
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 … in India for execution within its local limits.(4) Where a person transferred to a contracting State pursuant to Sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as
Tag this Judgment! AI Brief & AskSarabjit Rick Singh Vs. Union of India (Uoi)
Supreme Court of India
Dec-12-2007
Criminal
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
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 … used at the trial. It may also include any document which may lead to discovery of further evidence. Section 3 of the Indian Evidence Act which defines 'evidence' in an enquiry stricto sensu may not, thus, be applicable
Tag this Judgment! AI Brief & AskRam K. Mahbubani Vs. Union of India (Uoi) and anr.
Delhi
Sep-12-2008
Criminal
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
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 … the Extradition Act which enumerates the offences which are not to be regarded as offences of political character. Sub-section (3) thereafter clarifies that the Magistrate is to return only a prima facie finding pertaining to the requisition of
Tag this Judgment! AI Brief & AskJayendra Vishnu Thakur Vs. State of Maharashtra and anr.
Orissa
May-11-2009
Criminal
2009(II)OLR161
so expressly or the same must be capable of being inferred by necessary implication.There are statutes like the Extradition Act, 1962 which excludes taking of evidence viz-a-viz opinion. (See - Sarabjit Rick Singh v. Union of India : (2008) … given the same meaning while construing the other provisions thereof where the same term has been used. Under Section 3 of the Evidence Act like any other fact, the prosecution must prove by leading evidence and a definite
Tag this Judgment! AI Brief & AskAman Vyas vs.union of India
Delhi
Jul-15-2019
Criminal
fugitive from India to a foreign country or vice versa is governed by the provisions of the Indian Extradition Act, 1962. Thus contention of learned counsel for the petitioner at this stage that since no charge-sheet has been filed … the petitioner has made combined submissions on the second and the third issues.16. He states that as per section 7(3) and (4) of the Extradiiton Act, the Court is only to satisfy itself that a prima facie
Tag this Judgment! AI Brief & AskJugal Kishore More Vs. Chief Presidency Magistrate Calcutta and ors.
Kolkata
Apr-20-1967
Criminal
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
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 … Presidency Magistrate had issued thewarrant of arrest against the petitioner More? The answer is, in the words of Section 3, Clause 28, of the Central General Clauses Act, 10 of 1897, in so far as it is material
Tag this Judgment! AI Brief & AskP.Pushpavathy Vs. Ministry of External Affairs
Chennai
Jun-27-2013
Education
circumstances, the first respondent has passed an order vide proceedings No.T-413/18/2011, dated 08.03.2011, under Section 5 of the Extradition Act,1962, in short, ".the Act".. Pursuant to the said order, an application was filed by the first respondent before … used at the trial. It may also include any document which may lead to discovery of further evidence. Section 3 of the Indian Evidence Act which defines evidence in an inquiry stricto sensu may not, thus, be applicable
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