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Results of mens rea

Showing : 81-90 of 158 Results

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 missing - Proceedings quashed...........

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 bangles - Held, this does not warrant an..........

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 - A charge of an offence u/s 306 IPC..........

GUJARAT HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 415, 420, 34 -- Cheating - mens rea - Accused a branch manager of bank allegedly caused wrongful loss to bank in granting advances to firm - No evidence to prove dishonest intention of accused to obtain any illegal gratification from concerned firm - Ingredients of fraudulent and dishonest intentions on the part of accused not proved beyond..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Medical negligence -- Civil and Criminal Law - Negligence act in civil law may not necessarily be negligence act in criminal law - For negligence to amount to an offence, the element of mens rea must be shown to exist - For an act to amount negligent, the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 415, 420 -- Company - Mens rea - Company can be prosecuted for commission of criminal offence - A corporation would be liable for crimes of intent - A corporation is virtually in the same position as any individual and may be convicted of common law as well as statutory offences including those requiring mens rea - The criminal liability of..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Mens rea - Company inviting investment in shares from prospective investors to float a product by giving rosy picture of the product - Petitioner and others invested 500 crore - Product proved a failure and company going into liquidation - Complaint against the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 306, 506, 294, 34 -- Abetment of suicide - Deceased having love affair with the accused - Deceased set herself to ablaze in her house - Dying declaration - Deceased stated that accused wrote 3-4 letters and asked her to marry him, otherwise he will take her forcibly and out of fear she committed suicide - Acquittal of accused upheld - Held,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Clear mens rea should be there to commit the offence - It also requires an active act or direct act which led the deceased to commit suicide - This act must have been intended to push the deceased into such a position that he/she committed suicide - Abetment involves a mental process of instigating a person or..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Railways Act, 1989, Section 124(A) -- Passenger in the train with a valid ticket standing at the open door of the compartment - Fell down due to his own negligence - Claim petition - Compensation can be denied if death takes place due to criminal act of deceased - Criminal act must have an element of malicious intent or mens rea - Standing at the open door of a running..........

Showing : 81-90 of 158 Results