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mens rea

Case BriefsHigh Courts

Bom HC | “Easy to accuse somebody of ill-treatment after someone dies, but not wise to convict somebody based on general statements”; Every Cruelty is not an offence under S. 498A IPC

Bombay High Court: K.R. Shriram, J., while deciding the appeal filed impugning the order and judgment passed with regard to acquittal for

Published on February 25, 2020February 29, 2020By Bhumika Indulia
Leave a comment6200 views
Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Requirement of mens rea is a sine qua non for imposing a penalty on Customs Broker under Ss. 112 and 114AA of the Customs Act

Customs, Excise and Service Tax Tribunal (CESTAT): Justice P. Dinesha (Judicial Member) allowed the appeal filed by a shipping company against the

Published on January 7, 2020January 22, 2020By Bhumika Indulia
Leave a comment4640 views
Case BriefsHigh Courts

Ker HC | Conviction for murder altered and appellant released as he had already undergone more detention than imposed by law

Kerala High Court: A Division Bench comprising of A. Hariprasad and A.Anil Kumar, JJ., released the appellant as no intention to commit

Published on November 22, 2019November 21, 2019By Bhumika Indulia
Leave a comment1828 views
Case BriefsHigh Courts

Bom HC | Mere giving an aid does not make the act of abetment of an offence, if the person who gave the aid did not know that offence was being committed or contemplated

Bombay High Court: A.M. Badar, J. addressed the present appeal challenging the Judgment and order of the trial court by setting aside

Published on September 23, 2019September 30, 2019By Bhumika Indulia
Leave a comment5911 views
Case BriefsHigh Courts

Ker HC | Mens rea on part of accused needed to initiate a proceeding for abetment of suicide – bank official denying education loan to student cannot be said to abet her suicide

Kerala High Court: R. Narayana Pisharadi, J. allowed a petition filed by bank official praying for quashing proceedings initiated against him for

Published on August 6, 2019August 13, 2019By Bhumika Indulia
Leave a comment3337 views
Case BriefsHigh Courts

Del HC | Handing over of iron rod to assailant when asked for, to teach lesson to the injured, held sufficient to prove common intention developed on spur of the moment

Delhi High Court: Sanjeev Sachdeva, J. dismissed a petition filed against the order of the trial court whereby it had rejected petitioner’s application

Published on July 6, 2019July 10, 2019By Bhumika Indulia
Leave a comment2271 views
Case BriefsHigh Courts

Tri HC | Mere possession of counterfeit currency not sufficient to prove commission of offence punishable under S. 489-C IPC

Tripura High Court: S. Talapatra, J. allowed an appeal against the decision of the Sessions Judge whereby the appellant was convicted under Section

Published on June 12, 2019June 14, 2019By Bhumika Indulia
Leave a comment5572 views
Case BriefsHigh Courts

P&H HC | Heavy costs imposed on petitioners as a ‘deterrent measure’ for mocking Jain monk on Twitter, even where FIR against them quashed

Punjab and Haryana High Court: The Bench of Arvind Singh Sangwan J., imposed the fine on Vishal Dadlani and Tehseen Poonawala of

Published on May 3, 2019May 7, 2019By Bhumika Indulia
Leave a comment2434 views
Case BriefsHigh Courts

Madras HC | IT Department should not launch prosecution in haste since law of limitation under S. 468 CrPC is excluded

Madras High Court: The Bench of P.N. Prakash, J., in a criminal revision case preferred in respect of setting aside the order

Published on February 28, 2019March 1, 2019By Bhumika Indulia
Leave a comment3171 views
Case BriefsHigh Courts

Conviction altered from Section 302 to 304 (II) IPC in absence of mens rea

Bombay High Court: A Division Bench comprising of P.N. Deshmukh and M.G. Giratkar, J., partly allowed a criminal appeal which was filed

Published on July 25, 2018July 26, 2018By Bhumika Indulia
Leave a comment5662 views
Case BriefsHigh Courts

‘Live link’ between the act of appellant and the act of deceased is necessary for conviction under Section 306 IPC

Chhattisgarh High Court: The appellant was acquitted of the charges under Section 306 IPC by a Single Judge Bench comprising of Ram

Published on April 19, 2018May 30, 2018By Saba
Leave a comment3629 views

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