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D V K KUMAR   13 December 2016

138 niact

Dear Experts,

kindly provide me meaning of 'Proclamation procedure' in 138 NiAct. When & How it started? How to defend it?

Reply Urgently, as my friend needs help in this regard.

DVK



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 December 2016

Yes, it's applicable. under Section 82 first a person would be declared a Proclaimed Offender if the court finds that he has failed to respond to BW/NBWs or has RTB that the person is about to abscond and is not likely to come to the court - he can be so declared after giving 30 days notice to him. Simultaneously u/s 83 his property can also be attached on satisfaction of certain conditions or after issue of proclamation.

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Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

If he will not appear , he may be declare by court as proclaimed offender u/s 82.

and his property will be attached u/s 83.

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