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fundamental principle of criminal law is that mensrea is an essential element of every offence and no crime ... contended that when the plea of insanity is taken mensrea becomes important. In support of his contention he placed reliance
Patna High Court
- Cites 3 - Cited by 0 - Full Document
mental condition to have the requisite mensrea for the commission of the offence and that he did not have ... that the accused of the offence with the requisite mensrea : and the burden of proving that always rests
Orissa High Court
- Cites 7 - Cited by 3 - Full Document
that the fundamental principle of criminal law is that mensrea (guilty mind) is an essential element in every offence ... criminal intent. Such a person lacks the requisite mensrea and is entitled to acquittal. 23 In this context
Jharkhand High Court
- Cites 11 - Cited by 0 - Full Document
intention is in-built in the Rule 173Q. Mensrea is an essential ingredient to attract this penal clause
Customs, Excise and Gold Tribunal - Delhi
- Cites 19 - Cited by 67 - Full Document
finding by the Respondent that there was no mensrea on the part of the Appellant. He further submitted that neither ... observation that it is not necessary to establish mensrea for the purpose of imposing penalty is not comparable
Securities Appellate Tribunal
- Cites 7 - Cited by 1 - Full Document
appellant? F. Whether or not the appellant acted with mensrea? G. Whether or not the Appellant, in his capacity ... Appellant with deliberate intention. As such the mensrea has not been established. 15 of 39 ZA 18. Refuting this submission
Appellate Tribunal For Electricity
- Cites 2 - Cited by 0 - Full Document
Excise, Ludhiana, that penalty, can be levied irrespective of mensrea, is illegal. A bare perusal of Section 11AC ... Rules, has been proved, mensrea is inherent in such a violation. The finding recorded by the Assessing Authority that mensrea
Punjab-Haryana High Court
- Cites 7 - Cited by 0 - Full Document
this Court on the question whether the plea of mensrea is relevant in the matter falling under Section ... been held that the question of mensrea is irrelevant. The Tax Board in impugned order held that in this case
Rajasthan High Court - Jodhpur
- Cites 0 - Cited by 0 - Full Document
part of the accused if he was having any mensrea for retaining the counterfeit currency notes. 11. PW2 deposed that ... counterfeit currency notes only 7 if he has the mensrea i.e. he is having knowledge or having reason
Delhi District Court
- Cites 4 - Cited by 0 - Full Document
impugned order that the petitioner no. 1 had any mensrea, and therefore, the order imposing penalty cannot be sustained. Lastly ... subject relating to mental intention and requirement to establish mensrea in cases of statutory penalty. Reference was made
Delhi High Court
- Cites 9 - Cited by 0 - Full Document
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