On 15th November 1948 at the Constituent Assembly Mr. Nazeeruddin Ahmed [Bengal Muslim] spoke as follows; “Sir, I beg to move:” “That in [2] of Article 1, the word “the” occurring at the beginning be deleted” “Sir, this part really tries to define the words “the state.” I submit that the word “the” is a […]
If the Union Government receives a letter, requesting it to forfeit a property situate in India, from a Court or Authority in the Contracting State, on the backdrop of such person directly or indirectly obtain the property by committing an offence in that State, the Indian Government can execute such request through Court of its[…..]
When a Court has reasons to believe that a person has acquired the property directly or indirectly by committing an offence, it may Order attachment of such property as it thinks fit and as per the provisions of Sections 105D to 105J. Provided the property of the person situate in the Contracting State [another Country][…..]
A person requires by the Indian Court is already a Prisoner in the Contracting State [another Country], then the Indian Court would follow the laid down procedures given by the Union Government in written with regard to his transfer into India and his safe custody.
Provided a Court in India receives a Summons or Warrant from the Contracting State [another Country] to execute against a person in India for his appearance or production of things or documents in that Court, the Indian Court should act in such a way that it was issued by a local Court of his Country[…..]
When a Court in India seeks to execute a Warrant to arrest a person or production of documents or things or all and such scheme requires to be executed in a Contracting State [other Country where the Accused or the Witness stays] then the Court that seeks such person or things or both may issue[…..]
The Contracting State are the one, the Country outside India, with whom the Union of India has made an arrangements through a treaty. Identifying means the proof of establishment of the property derived from or used in the committing offence. Proceeds of Crime involves any property obtained directly or indirectly by committing crime. Property means[…..]