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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
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
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 1 - 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
call it 'guilty mind'. In legal term, it is mensrea; but at the same time, mere mensrea without any overt ... offence in view of absence of mensrea. In such cases, mensrea cannot be imputed to the accused. 12. Under
Madras High Court
- Cites 19 - Cited by 0 - Full Document
that for constituting offence of abetment to commit suicide mensrea is essential ingredient. 4. Madan Mohan Singh Vs. State ... these words may not be accompanied with necessary mensrea. In Gangula Mohan Reddy's case (supra) in para
Allahabad High Court
- Cites 13 - 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
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 3 - Cited by 0 - Full Document
penalty, there must be first of all, a mensrea of the petitioner-company be established and looking to the entire ... 5346/2016 JUDGMENT petitioner's mensrea is reflected or even alleged. Therefore, in the absence of this condition precedent
Gujarat High Court
- Cites 11 - Cited by 0 - Full Document
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