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1 - 10 of 14 (1.54 seconds)Section 25 in The Payment And Settlement Systems Act, 2007 [Entire Act]
Birad Dan vs The State on 18 September, 1957
(viii) The Court issuing the proclamation has to make a
statement in writing in its order that the
proclamation was duly published on a specified day
in a manner specified in Section 82(2)(i) of the
Cr.P.C.. Such statement in writing by the Court is
declared to be conclusive evidence that the
requirements of Section 82 have been complied with
and that the proclamation was published on such
day. (See Birad Dan Vs. State : 1958 CriLJ 965).
Rohit Kumar Gupta vs Principal Commissioner Of Income Tax ... on 20 February, 2020
(ii) There must be a report before the Court that the
person against whom warrant was issued had
absconded or had been concealing himself so that
the warrant of arrest could not be executed against
him. However, the Court is not bound to take
evidence in this regard before issuing a
Proclamation under Section 82 (1) of the Cr.P.C..
(See Rohit Kumar Vs. State of Delhi : 2008 Crl. J.
2561).
Dilbagh Singh vs H.S. Jattana on 25 April, 2017
In Dilbagh Singh Vs. State of Punjab (P&H) : 2015 (8)
R.C.R. (criminal) 166 it was held by this Court that in order to ensure
that an accused should have a fair opportunity to appear, 30 days clear
notice is necessary and the proclamation should be published in the
manner provided by law. In that case, proclamation of the petitioner
was issued on 20.08.2014 for 23.08.2014 and vide impugned order
dated 25.09.2014 the petitioner was declared proclaimed offender.
Devendra Singh Negi Alias Debu vs State Of U.P. And Anr. on 18 March, 1993
(xi) The conditions specified in Section 82(2) of the
Cr.P.C. for the publication of a Proclamation against
an absconder are mandatory. Any non-compliance
therewith cannot be cured as an 'irregularity' and
renders the Proclamation and proceedings
subsequent thereto a nullity. (See Devendra Singh
Negi alias Debu Vs. State of U.P. and another :
Devender Pal Singh Bhullar & Anr vs State Of Nct Of Delhi on 12 April, 2013
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1994 CriLJ 1783 and Pal Singh Vs. The State :
Ashok Kumar & Ors vs State Of Haryana & Anr on 23 January, 2007
The Indian Penal Code, 1860
Pawan Kumar Gupta vs The State Of West Bengal on 1 February, 1973
(c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive
and not disjunctive, which means that there would
be no valid publication of the proclamation unless
all the three modes of publication are proved. (See
Pawan Kumar Gupta Vs. The State of W.B. : 1973
CriLJ 1368). Where the Court so orders a copy of
the proclamation has to be additionally published in
a daily newspaper circulating in the place in which
the accused ordinarily resides. Advisably,
proclamation has to be issued with four copies so
that one each of the three copies of the proclamation
may be affixed to some conspicuous part of the
house or homestead in which the accused ordinarily
resides, to some conspicuous place of such town or
village and to some conspicuous part of the Court-
house and report regarding publication may be made
on the fourth copy of the proclamation. Additional
copy will be required where the proclamation is also
required to be published in the newspaper.