Showing : 41-50 of 152 Results

UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment of suicide - To constitute an offence u/s 306 IPC, prosecution must allege that wife was subjected to cruelty with clear cut mens rea to drive wife to commit suicide - Routine quarrel between husband and wife without there being any mens rea to commit suicide would not amount to abetment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was there and cheque has been issued with intention to cheat..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304-- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Vehicle in question was driven so speedily, rashly and negligently that accused could not stop it upto 85 ft. even after application of brake, which resulted into death of 8 persons - It cannot be said that in all such incidents..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Information Technology Act, 2000, Section 66A-- Sending offensive messages through electronic media - S.66-A of Act struck down in its entirety on following grounds: (i) It is violative of Art.19(1)(a) of Constitution and not saved U/Art.19(2) of Constitution; (ii) It is arbitrary, excessively and disproportionately invades the right of free..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B-- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it caused any loss to complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Pilfering 10 kgs of heroine from Malkhana - Confession - Statement of accused recorded during an inquiry has to be read alongwith S.35A of NDPS Act as sufficient to enable the prosecution to prove culpability of accused without having to prove mens rea which is even otherwise writ large on the..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be clear mens rea to commit the offence - It also requires an active or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 365-- Kidnapping of minor aged 4 years - Reduction of sentence - Motive not proved by prosecution - It has not been proved on record that whether child was kidnapped for ransom or in order to settle some old enmity - In the absence of mens rea, lenient view should be taken by Court while sentencing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 363, 376, 506, 509-- Kidnapping and rape - Accused lured the prosecutrix on the pretext of repaying the loan taken by him from her mother and took her to a secluded place, where he committed rape upon her - Age of prosecutrix was admittedly less than 18 years while age of accused is 33 years - Accused not only..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B- - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence under provisions of Corruption Act - It is not..........

Showing : 41-50 of 152 Results