mens rea Archives | SCC Times

Mens rea not an essential ingredient for contravention of S. 45, Gujarat Sales Tax Act, 1969: Supreme Court

“The intention of the legislature is very clear and unambiguous that the moment any eventuality as mentioned in Section 45(5) occurs, the penalty shall be leviable as mentioned in sub-section (6) of Section 45 of the Gujarat Sales tax Act, 1969”, the Supreme Court observed.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967

Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.

Case Briefs High Courts

Guj HC | Admission of co-accused cannot be sole base to convict any person; application dismissed

Gujarat High Court: B.N. Karia, J. rejected an application under Section 397 read with Section 401 of the Code of Criminal Procedure,

Case Briefs Supreme Court

Default/Delay in payment of EPF by employer: Mens rea or actus reus not an essential element for imposing civil penalty/damages

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that any default or delay in the payment

Case Briefs High Courts

Law on Defamation | Calcutta High Court stresses on essentials of offence of defamation in light of harm caused to reputation of person: Read the detailed report

Calcutta High Court: In a case wherein directors of the Board of society had published defamatory statements against the Vice Chairman of

Case Briefs High Courts

J&K and Ladakh HC | “Anyone possessing knowledge of who is who can name the Minister holding portfolio of works”; HC quashes defamation complaint against Arnab Goswami and Aditya Raj Kaul

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., quashed a defamation complaint filed against the Editor-in-Chief of Republic TV, Arnab

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Unambiguous Supreme Court, Univocal SEBI | Believes and balked, mens rea to shudder provisions of Chapter VI A- If imputes would impede

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, while imposing a penalty of ₹6,00,000/- on Capital First Ltd. (Noticee),

Case Briefs High Courts

Issuing a legal notice and filing a complaint case against someone, would that amount to abetment of suicide? Del HC deciphers [Detailed Analysis]

Delhi High Court: Manoj Kumar Ohri, J. expressed that, Abetment involves a mental process of instigating a person or intentionally aiding a

Case Briefs High Courts

J&K HC | Is ‘mens rea’ an important component to be proved while addressing issues under S. 138 NI Act? Explained

Jammu and Kashmir High Court, Srinagar: Sanjeev Kumar, J., while addressing a matter in respect to Section 138 NI Act, stated that

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Penalty imposed under S. 112 read with S. 114AA of the Customs Act, 1962 set aside; Tribunal allows appeal stating absence of mens rea

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether confiscation of goods and imposition of fine and penalty by the Lower Authority in absence of valid PSI certificate maintainable; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member) partly allowed an appeal which was filed against the Order-in-Appeal

Case Briefs High Courts

Megh HC | “Facebook post sought to create a divide to cordial relationship between tribal & non-tribal living in Meghalaya”; Criminal Case against journalist refused to be quashed over Facebook post

Meghalaya High Court: W. Diengdoh, J., while refusing to quash a criminal case against a journalist as the Facebook post shared by the

Case Briefs High Courts

Guj HC | Will the Act of demanding repayment of money bring a case within the meaning of S. 306 IPC? HC throws light on ingredients of abetment to suicide

Gujarat High Court: Gita Gopi, J., while addressing an issue with regard to abetment to suicide held that in accordance with the ingredients

Case Briefs High 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

Case Briefs Tribunals/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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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