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intention is in-built in the Rule 173Q. Mensrea is an essential ingredient
Customs, Excise and Gold Tribunal - Delhi
- Cites 13 - Cited by 0 -
2000 (69) ECC 192
- 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 13 - Cited by 0 - S Khanna - 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
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 2 - Cited by 0 - S K Singh - 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 1 - Cited by 0 - 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 0 -
(2003) 2 CompLJ 282 SAT
- Full Document
Law Commission Report Part-I GOVERNMENT OF INDIA LAW COMMISSION OF INDIA ONE HUNDRED AND
Law Commission Report
- Cites 116 - Cited by 0 - Full Document
public witness was joined. The essential requirement of mensrea has not been proved. Reliance is placed on M. Mammutti ... beyond reasonable doubt from which an inference qua the mensrea is clearly attributed. Further incriminating circumstances are required
Delhi High Court
- Cites 13 - Cited by 0 - M Gupta - Full Document
assessee has laid down emphasis on the question of mensrea to a great extent. He has submitted that a Division ... relevant cases and has held that unless the mensrea is established the penalty is not automatic. 18. I have heard
Rajasthan High Court
- Cites 18 - Cited by 0 -
RLW 2006 (4) Raj 2791
- B Prasad - Full Document
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