Showing : 11-20 of 153 Results

CALCUTTA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32-- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420-- Cheating - Mere inability to return loan amount cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, as it is this mens rea which is the crux of offence...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Objectionable communication through phone between accused/wife and his friend - When one partner does such activity clandestinely, then it pre-supposes guilty mind - However, such an act or guilty mind cannot be substituted for mens rea as required u/s 107 IPC - Guilty mind..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 499-- Defamation - Exception 8 - Accused circulated contents of letters to students, lecturers and colleges staffs to defame complainant alleging that they illegally earned one lakh by conducting coaching classes - However, imputations in published letters found substantially true - Requisite mens rea,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the complainant - Held,..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal trial-- Criminal proceedings should not be encouraged when mens rea is lacking in issue involved and transaction between parties is one of civil nature...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306-- Anticipatory bail - Abetment of suicide - Love affair between deceased and accused - However, their relationship was strongly disapproved by parents of deceased - Deceased was tormented as she felt that she would not be able to continue with her relationship with accused due to various factors -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 84, 302, 307, 374-- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 153A-- Offence u/s 153-A IPC - Mens rea is necessary ingredient of offence u/s 153-A of the Act - It is necessary that at least two groups or communities should be involved - Merely inciting feelings of one community or group without any reference to any other community or group cannot attract provision..........

Showing : 11-20 of 153 Results