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Jayendra Vishnu Thakur Vs. State of Maharashtra and anr.

Court : Orissa

Subject : Criminal

Reported in : 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) … Interpretation of the provisions of Section 299 of the Code of Criminal Procedure, 1973 (for short 'the Code'), Section 33 of the Indian Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive Activities (Prevention) Act,

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 … to 123 accused persons whose trial had already been completed. It was further submitted by the prosecution that 33 accused persons were in custody for the last about 12-13 years. The course of action as suggested by

Kanwarjeet Singh Batth vs Union of India

Court : Delhi

Subject : Criminal

by Amritsar Police, the Petitioner was sent to judicial custody on 22.10.2014.8. As per Section 34(b)(2) of the Extradition Act, 1962 any fugitivearrested under sub-section (1), is entitled to be discharged if no request for his Surrender or Return … had come up to the van, when they had first arrived at the scene.Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 33 of 39133. Stephen Sains, Paramedic, in his statement CW-1/14, was on dutyalong with Christian Judith. He deposed that

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 … Bijayesh Mukherjee, J. 1. This is a case laid before me under Section 439, Sub-section (1), read with Section 429, of the Code of Criminal Procedure, 5 of 1898, with the

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 … (See : The Collector of Customs, Madras and others v. Nathella Sampathu Chetty and another: AIR 196.SC 31.(6) 33. It was noticed in the above decision that extradition proceedings are by their very nature partly judicial and

Himanshu Kulshrestha 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 … (See : The Collector of Customs, Madras and others v. Nathella Sampathu Chetty and another: AIR 196.SC 31.(6) 33. It was noticed in the above decision that extradition proceedings are by their very nature partly judicial and

Brij Bhushan Bansal 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 … (See : The Collector of Customs, Madras and others v. Nathella Sampathu Chetty and another: AIR 196.SC 31.(6) 33. It was noticed in the above decision that extradition proceedings are by their very nature partly judicial and

Aman Vyas vs.union of India

Court : Delhi

Subject : 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

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 … inference that can be drawn is that the Treaty dated 26.01.1897 was not made applicable to British India. 33. Rebutting the said contention, it is pointed out by the learned ASG that the Extradition Treaty dated 26.01.1897

Verhoeven, Marie-Emmanuelle Vs. Union of India and Ors.

Court : Supreme Court of India

Subject : Right to Information

order is purported to have been issued in exercise of powers conferred by Section 4(1) of the Indian Extradition Act, 1962. Section 4(1) has no relevance to the context. What is relevant is Section 3(1) of the Act. The third … States Court of Appeals, Ninth Circuit]. [14]. 355 F. Supp. 1155 [S.D.N.Y. 1973]. [15]. 369 U.S. 186 [16]. 331 U.S. 503, 518 [17]. (2011) 11 SCC214[18]. (2009) 9 SCC551[19]. Hugo Grotius lived from 1583 to 1645 [20].