Showing : 71-80 of 153 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mens rea - In prosecution u/s 138 N.I. Act, mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 307,324-- Nature of offence - No repetition of shot - Unsafe to conclude that appellant had the requisite mens rea to cause murder of the injured as rest of the injuries were on non vital part of body on arm and hand - Injured was not hospitalised and was discharged after his medical examination - None of..........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 8, 12, Indian Penal Code, 1860, Section 120B-- Bail - Offence u/ss 13(1)(d), 7, 8 & 12 Prevention of Corruption Act and S.120-B IPC - Prosecution could not show the basic requirement of mens rea to accept and receive bribe so as to bring it within the ambit of Act of 1988 - Bail granted...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Mens rea - Held, in a case u/s 306 IPC, there should be clear mens rea to commit offence - There should be direct or active act by accused which led deceased to commit suicide - There must be some evidence of 'instigation', 'co-operation' or 'initial assistance' by accused to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Electricity Act, 2003, Section 135-- of the Act deals with an offence of theft of electricity and the penalty that can be imposed for such theft - Provision of ,S. 135 - This squarely falls within the dimensions of Criminal Jurisprudence and mens rea is one of the relevant factors for finding a case of theft...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 401-- Dowry death - FIR lodged against accused persons on allegations that deceased committed suicide after consuming poisonous matter as she was tortured by them - Deceased was tortured not for dowry but for not conceiving child - No material on record suggesting element of mens rea - Neither any..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306-- Abetment to suicide - In order to convict a person u/s 306 IPC there has to be a clear mens rea to commit the offence - It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306-- Abetment to suicide - Allegations that deceased committed suicide when she was denied permission by the accused to use car - No material whatsoever against accused much less positive act on the part of accused to instigate or aid in committing suicide - Element of mens rea to commit offence..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 418-- Cheating - Accused pledged bangles with bank, claiming it to be gold bangles, for securing loan - Manager of Bank sent bangles to goldsmith for testing - Accused walked away from bank before bangles tested by goldsmith - Goldsmith gave certificate that bangles were brass bangles and not gold..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306-- Abetment to suicide - Word `instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite - Presence of mens rea is a necessary concomitant of instigation - Words utter in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea..........

Showing : 71-80 of 153 Results