Showing : 61-70 of 153 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482-- Defamation against company - No such offence will lie against company as company is only a juristic person and it cannot be attributed with mens rea, which is an essential ingredient for constituting the offence of defamation...........
TRIPURA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 489B, 489C-- Fake currency notes - Recovery of - Mens rea - In statement of S.313 Cr.P.C., there is not a single question that any of the prosecution witnesses stated that accused/appellant kept bundle, wherein currency notes were found in seat cover of middle row in rear part of seat knowing same is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Essential Commodities Act, 1955, Section 7, Indian Penal Code, 1860, Section 40, General Clauses Act, 1897, Section 3(38)-- Offence - Absence of mens rea - Co-accused merely sitting by side of accused - Nothing on record to show that co-accused was involved in crime of illegal trading of kerosene - Prosecution failed to show that to what extent co-accused was connected with ownership, recovery, and sale of kerosene -..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A-- Criminal proceedings - Quashing of - Perusal of article published does not make out a case that intention is to cause disorder or incite people to violence which is sine qua non of offence u/s 153-A IPC - Prosecution has to prove existence of mens rea in order to succeed - Specifically mens rea or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Ingredients - Knowledge, intention, mens rea, positive active participation leaving no option and compelling a person to commit suicide are the essential ingredients of the provision of S.306 IPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment of suicide - Ingredients - Held, there has to be a clear mens rea, active participation or direct act and intention to provoke, incite or encourage to do an act by accused which led deceased to commit suicide seeing no option - This act must have been intended to push deceased into such a..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment to commit suicide - Absence of mens rea - Proof - Demand of dowry not proved beyond reasonable doubt - Held, it cannot be said that deceased was subjected to cruelty or harassment for demand of dowry with mens rea to drive her to commit suicide - Ingredients of S.107 IPC are missing -..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420-- Cheating - Guilty intention is an essential ingredient of offence of cheating - Mens rea on part of accused must be established...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 457-- Conviction u/s 457 IPC - Conviction set aside as : (1) All witnesses interested to the complainant; (2) Prosecution story quite improbable; (3) Circumstances do not corroborate the story; (4) FIR is delayed one; (5) Witnesses substantially improved their version; (6) No mens rea could have been..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Statutory offence - Strict liability - Held, offence punishable u/s.138 of NI Act is a statutory offence - Drawer of a cheque in certain circumstances is "deemed" to have committed an offence - Offence is of strict liability and does not require any mens rea - Penal..........

Showing : 61-70 of 153 Results