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CrPC S. 82 – Proclaimed Offender – On appearance, the concerned court shall release the petitioner on bail on the same day

Motor Vehicles Act,  S. 173 – Pay and Recover  – Insurance Company exonerated – Appeal by claimants for making insurance company liable  – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being  Claimants have right to file Appeal  – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

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Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

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Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

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CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149  – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

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Home Criminal

CrPC S. 82 – Proclaimed Offender – On appearance, the concerned court shall release the petitioner on bail on the same day

by Punjab Law Reporter
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 Criminal Procedure Code, 1973, S. 82, 482 – Accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants, and proceeded against under section 82 of CrPC and declared a proclaimed offender – Primary object of service is to secure the accused’s presence in trial – The petitioner has approached this court on its own, which establishes the bonafide at this stage –   In the present case, the maximum sentence imposable for the offences mentioned in FIR does not exceed seven years – Arnesh  Kumar v. State of Bihar, 2014 PLRonline 0200, 2014 SCeJ 001, (2014) 8 SCC 273, shall apply to this petition, wherein Hon’ble Supreme Court directed all the State Governments to instruct its police officers not to arrest the accused automatically when the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine – Without adjudicating the explanation offered and stand taken by the petitioner, this court, in the exercise of its inherent powers under section 482 CrPC, deems it appropriate to grant a limited relief – Petitioner shall surrender before the concerned court on or before date given – On appearance, the concerned court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing additional conditions, as it may deem appropriate – If the petitioner appears before the concerned court, then all warrants issued by the concerned court against the petitioner, in the matter shall stand recalled and cancelled.      

Read Judgment : (2022-2)206 PLR 684

Tags: CrPC S. 82, Proclaimed offender
Tags: CrPC S. 82Proclaimed offender

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