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Articles for Mens Rea

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
Trending News
1 week ago

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court, recently, observed that for Section 354 IPC to apply, criminal force must be used. Ravikumar added that in order to establish mens rea something better than vague statements must be produced before the court. However, the High Court refused to grant any such relief observing that it could not undertake a “microscopic examination of facts and evidence …

Court Criminal State Ipc Fir Rea Offence
S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
Trending News
1 week ago

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court, recently, observed that for Section 354 IPC to apply, criminal force must be used. Ravikumar added that in order to establish mens rea something better than vague statements must be produced before the court. However, the High Court refused to grant any such relief observing that it could not undertake a “microscopic examination of facts and evidence …

Court Criminal State Ipc Fir Rea Offence
Kerala High Court Annual Digest 2024 [Part I]
1 week, 5 days ago

Kerala High Court Annual Digest 2024 [Part I]

Live Law  

Nominal Index Citations: Union of India & Ors. 2024 LiveLaw Ker 264 Dr. M. R. Saseendranath V State of Kerala 2024 LiveLaw Ker 265 State of Kerala v Narendra Kumar & Another 2024 LiveLaw Ker 266 Nijo Varghese v Transport Commissioner 2024 LiveLaw Ker 267 Cherplassery Co-Operative Hospital Ltd v State of Kerala 2024 LiveLaw Ker 268 Modern Food Enterprises …

India High Court Writ Jurisdiction Constitution Land Acquisition Income Tax Title
Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
2 weeks, 6 days ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
Kerala High Court Weekly Round-Up: January 29- February 4, 2024
11 months ago

Kerala High Court Weekly Round-Up: January 29- February 4, 2024

Live Law  

Nominal Index Venugopal v State of Kerala, 2024 LiveLaw 72 Shree Dhanwantari Chits India Pvt Ltd. v. Banu & ors., 2024 LiveLaw 73 Welfare Association of Kitco Employees & ors v. Kerala Industrial and Technical Consultancy Organization & ors., 2024 LiveLaw 74 XXX v. State of Kerala, 2024 LiveLaw 75 Arifa TK v. The District Collector & ors., 2024 LiveLaw …

India Kerala High Court Constitution Kerala High Court 2024 State
Penalty Under Section 114 A Of The Customs Act Is Invariably Linked To The Quantum Of Duty Evaded: CESTAT
1 year, 8 months ago

Penalty Under Section 114 A Of The Customs Act Is Invariably Linked To The Quantum Of Duty Evaded: CESTAT

Live Law  

The Chandigarh Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that the penalty under Section 114 A of the Customs Act is invariably linked to the quantum of duty evaded.The bench of S. S. Garg and P. Anjani Kumar has observed that the appellant has not violated the provisions intentionally and that there is no mens …

Penalty Customs Duty Act Rea Appellant Section 114
Mens Rea Essential Element U/S 344 CrPC: Chhattisgarh High Court Quashes Proceedings Against Tahsildar For Giving ‘False Evidence’ In Trial Court
1 year, 10 months ago

Mens Rea Essential Element U/S 344 CrPC: Chhattisgarh High Court Quashes Proceedings Against Tahsildar For Giving ‘False Evidence’ In Trial Court

Live Law  

The Chhattisgarh High Court has quashed criminal proceedings initiated under Section 344 of the Code of Criminal Procedure against a Tahsildar for allegedly giving ‘false evidence’ in a Trial Court. requires that the at the time of delivering judgment or final order the witness appearing before it has knowingly or wilfully given false evidence or has fabricated false evidence with …

Evidence False Evidence Trial Court False Iron Tahsildar Magistrate
Supreme Court Quarterly Complete Criminal Digest [July - September 2022]
2 years, 2 months ago

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Live Law  

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. Kanchan Kumar v. State of Bihar, 2022 LiveLaw 763 Code of Criminal Procedure, 1973; Section 227-228 - Cause of death of the deceased …

India Karnataka Delhi Supreme Court High Court Board Bihar
Supreme Court Monthly Criminal Digest August 2022 (Citations 647 - 726)
2 years, 4 months ago

Supreme Court Monthly Criminal Digest August 2022 (Citations 647 - 726)

Live Law  

Benami Transactions Amendment Act, 2016 - The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. XYZ v. State of Maharashtra, 2022 LiveLaw 676 Code of Criminal Procedure, 1973; Section 156 - Magistrate has discretion in directing the police to investigate or proceeding with the case as a complaint case. Reliance Industries Ltd. v. Securities and Exchange Board …

India Karnataka Uttar Pradesh Maharashtra Criminal Criminal Procedure Organized Crime
Distinction Between "Preparation" & "Attempt To Rape" : Supreme Court Explains
3 years, 2 months ago

Distinction Between "Preparation" & "Attempt To Rape" : Supreme Court Explains

Live Law  

While upholding conviction of a man accused of attempt to rape, the Supreme Court explained the distinction between 'Preparation' and 'Attempt' to commit rape.In this case the accused was convicted under Section 376 read with Section 511 of Indian Penal Code. While upholding conviction of a man accused of attempt to rape, the Supreme Court explained the distinction between 'Preparation' …

Crime Supreme Court Court Rape Preparation Accused Ipc
Mens Rea As Intent Not Required In Medical Negligence Cases: Supreme Court
3 years, 5 months ago

Mens Rea As Intent Not Required In Medical Negligence Cases: Supreme Court

Live Law  

The Supreme Court observed that mens rea as intent is not required in a case of medical negligence.The bench of Justices AM Khanwilkar and Sanjiv Khanna observed that before summoning the accused in a criminal medical negligence complaint, the complainant has to lead medical evidence or examine a professional Doctor by the complainant in support of his case made out …

Medical Supreme Court High Court Medical Negligence Criminal Medical Evidence Negligence
Labour Law Case Summary- Half Yearly Update Part-1
4 years, 1 month ago

Labour Law Case Summary- Half Yearly Update Part-1

Live Law  

This compilation is the first part of the two-part series through which we seek to provide a brief overview of the recent judicial decisions on labour laws rendered in the period, April, 2020 to September, 2020, by the Supreme Court and various High Courts of India For the purposes of the instant part, we shall be covering judicial decisions rendered …

Law Disciplinary Proceedings Supreme Court Compensation Court Labour Employees
POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30
4 years, 1 month ago

POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30

Live Law  

In a notable judgment, the Kerala High Court has upheld the constitutional validity of Sections 29 and 30 of the Protection of Children from Sexual Offences Act which creates a reverse burden of proof on the accused.A single bench of Justice Sunil Thomas rejected the arguments that these provisions violated fundamental rights under Articles 14, 20 and 21 of the …

Constitution Evidence Court Prosecution Kerala High Court Accused Act
Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment]
4 years, 3 months ago

Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment]

Live Law  

The Supreme Court has observed that the ingredient of mens rea for abetment of suicide cannot be assumed to be ostensibly present but has to be visible and conspicuous.The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to suicide.Gurcharan Singh was convicted for abetting suicide …

Trial Court Suicide Section 306 Ipc Sec His Wife