Misconception - Year 2011 - Judgments

Mar 28 2011 (HC)

Chand Mohan Sammader. Vs. the State of West Bengal.

Court: Kolkata Appellate

Decided on: Mar-28-2011

..... intercourse with the appellant was given under any threat fear or misconception of fact within her knowledge or she had reason to ..... to believe that the consent was given in consequence of such misconception we have serious doubts that the promise to marry induced ..... appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise in any event it .....

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Jan 25 2011 (HC)

Sk. Jalal Vs. the State of West Bengal and Anrs

Court: Kolkata Appellate

Decided on: Jan-25-2011

..... sk saheb to co habit with her therefore he submits there was misconception on the part of the prosecutrix upon misrepresentation by sk saheb ..... believe that the consent was given in consequence of such fear or misconception or if the consent is given by a person who from ..... the act itself in order to come within the meaning of misconception of fact the fact must have an immediate relevance the matter .....

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May 19 2011 (HC)

Shivalik Ghosh and Another Vs. State of U.P. and Another

Court: Allahabad

Decided on: May-19-2011

..... of the act itself in order to come within the meaning of misconception of fact the fact must have an immediate relevance the matter ..... to sexual intercourse is voluntary or whether it is given under a misconception of fact in the ultimate analysis the tests laid down by ..... be evolved for determining whether the consent was given under a misconception of fact reading the judgment in uday s case as a .....

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Oct 21 2011 (HC)

Gajraj and Others Vs. State of U.P. and Others

Court: Allahabad

Decided on: Oct-21-2011

..... clearly indicate the malafide and colourable exercise of powers 2 the authority is laboring under misconception that only when the authority acquires area falling in the industrial development area it can ..... of the state appropriate measures and planning in that regard is contemplated the authority under misconception that industrial developments could be done by it only when it acquires the land has .....

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Jan 10 2011 (HC)

Tilak Sarkar. Vs. the State and Another.

Court: Kolkata Appellate

Decided on: Jan-10-2011

..... promiscuity in such a case it cannot be said that there was misconception of fact section 90 indian penal code is not attracted in ..... it was held that the consent was not in consequence of misconception of fact the conviction was found not sustainable 11 in the ..... intercourse it was held that the consent was not due to any misconception of fact and the facts alleged did not constitute any offence .....

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Jul 20 2011 (HC)

State by Sidlaghatta Rural Police Station Vs. Muniyappa and Another

Court: Karnataka

Decided on: Jul-20-2011

..... the accused and her consent was not in consequence of any misconception of fact the evidence of pw 6 is also inconsistent pw ..... to sexual intercourse is voluntary or whether it is given under a misconception of fact in the ultimate analysis the tests laid down by ..... question whether the consent was voluntary or was given under a misconception of fact it must also weight the evidence keeping in view .....

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Jul 25 2011 (HC)

Music Broadcast Private Limited Vs. Indian Performing Right Society

Court: Mumbai

Decided on: Jul-25-2011

..... the defendant as a result of incorrect advise and under a misconception of law the plaintiff entered into a licence agreement with ..... licence the plaintiff has averred that this application was also a misconception of law to the effect that the defendant was entitled ..... made pursuant to the said agreement were under a misconception of belief or misconception of law and were received by the defendant on .....

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Feb 22 2011 (HC)

Chunaram Mahato Vs. the State of West Bengal and anr.

Court: Kolkata Appellate

Decided on: Feb-22-2011

..... other words according to the learned trial court there was no misconception of fact in respect of alleged promise made by opposite party ..... did not resist kalipada to have sex with her this amounts to misconception of fact because kalipada had actually no intention to marry her ..... with the opposite party no 2 there was no consent under misconception of fact in true sense she was in love with the .....

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Jul 29 2011 (HC)

Kashmir Sk. at Sk. Kashmir. Vs. the State of West Bengal

Court: Kolkata

Decided on: Jul-29-2011

..... section 376 ipc so there is no promise to marry and no misconception of fact from the medical report it will appear that the victim ..... the principle laid down in 1984 cr l j 1535 deals with misconception of fact and consent of sexual intercourse on promise of marriage in ..... not very clear on the evidence does not always amount to a misconception of fact at the inception of the fact itself if a full .....

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Apr 05 2011 (HC)

S.P. Balakrishnan. Vs. the Collector of Chengelpet, and anr.

Court: Chennai

Decided on: Apr-05-2011

..... been executed in the year 1936 and the decision was rendered on the misconception of facts actually the said suit in o s no 1335 of 1982 ..... order 47 rule 1 of the code are wide enough to include a misconception of fact or law by a court or even an advocate an ..... be exercised for any sufficient reason which is wide enough to include a misconception of fact or law by a court or even an advocate v an .....

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