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Results of mens rea

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Showing : 91-100 of 165 Results

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..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Deceased deeply in love with the accused and wanted to marry him - Deceased committed suicide on coming to know that accused intended to marry another girl - No evidence that accused ever held any false promise of marriage to deceased and thereafter failed to fulfill that promise - Held, no case made out..........

CALCUTTA HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 300, 324 -- Murder and hurt - Accused killed deceased with sword and inflicted injury on complainant - Ocular evidence of complainant consistent with his written complaint lodged contemporaneously - It got corroboration and support from other witnesses - Doctor corroborated factum of death of victim - Insufficiency of light did not hinder..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Suicide by a woman after 10/11 years of marriage who was having three sons - Father of deceased lodged complaint that his daughter was harassed by husband by making demand of dowry - No specific incident indicated except one which was 2/3 years old - No allegation of instigation, provocation or positive act..........

Showing : 91-100 of 165 Results