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Results of mens rea

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Showing : 31-40 of 165 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2018
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 act or direct act, which led deceased to commit suicide seeing no option and act must have been intended to push deceased into such a position that he/she committed suicide...........

KERALA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act on part of accused to instigate or aid in committing suicide is necessary - There has to be a clear mens rea to commit offence...........

KERALA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 420 -- Cheating Essential ingredients to attract S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security; and (iii) mens rea of accused at the time of making inducement...........

KERALA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict person u/s 306 IPC, there has to be clear mens rea to commit offence and that there ought to be active or direct act leading deceased to commit suicide, being left with no option...........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 101 kg poppy straw - Conscious possession - Presumption - Accused alone driving vehicle with a large consignment of 101 kg poppy straw, which leaves no doubt that he was in conscious possession of same - Onus thus shifts upon accused to rebut statutory presumption against culpable mental..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2013 -- Regls.3, 4 - Unfair trade practice - To attract the rigor of Regls.3, 4 of Regulations, mens rea is not an indispensable requirement and the correct test is one of preponderance of probabilities - To invite penal consequences on..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Medical Council of India Act, 1956 -- Error of judgment or an accident is not proof of negligence - So long as doctor follows a practice acceptable to the medical profession of the day, he cannot be held liable for negligence merely because a better alternative course was available - A professional may be held liable for negligence if he does not possess the requisite..........

SIKKIM HIGH COURT

Year of decision: 2017
Details

Prevention of Money Laundering Act, 2003, Section 2(u), Constitution of India, 1950, Article 14, 20, 21, 300A -- Definition of proceeds of crime - Constitutional validity - S.2(u) of the Act implicitly rules out mens rea or knowledge that property is result of criminal activity for achieving object of the Act - However, properties apart from proceeds of crime are not..........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 205 -- Exemption from personal attendance - Privilege u/s 205 Cr.P.C is exception to ordinary rule of attendance of accused in the course of trial - Such privilege is to be resorted to where offence does not involve mens rea and not in cases where public funds running to crores are allegedly misappropriated by using fraud and..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Contempt of Courts Act, 1971, Section 2(b) -- Contempt - Mens rea - Not a necessary component of contempt...........

Showing : 31-40 of 165 Results