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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 - S K Singh - 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 -
1984 I OLR 142
- D Pathak - 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 -
2007 (1) BLJR 583
- A Sahay - Full Document
prosecution to establish the necessary mensrea of the accused and that even though the accused may not have taken ... that the accused had committed the offence with requisite mensrea. Once that is done a presumption that the accused
Gauhati High Court
- Cites 8 - Cited by 0 -
1971 CriLJ 869
- M Pathak - 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 -
2000 (69) ECC 192
- Full Document
such show cause notice indicated that there was no mensrea and reiterated the contentions raised before the assessment officer ... authority is required to come to a conclusion regarding mensrea of the dealer. It has been submitted by the petitioner
Madras High Court
- Cites 4 - Cited by 0 - 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 -
(2003) 2 CompLJ 282 SAT
- 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
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
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 - S Khanna - Full Document
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