Misconception - Year 2016 - Judgments

Jun 08 2016 (HC)

Deepak Shankarrao Borekar Vs. State of Maharashtra

Court: Mumbai Nagpur

Decided on: Jun-08-2016

..... that the consent was given in consequence of such fear or misconception from the aforesaid it is crystal clear that if consent ..... sexual intercourse with her consent which was consent obtained under a misconception of fact as defined under section 90 ipc thus the ..... the appellant had obtained the consent of the prosecutrix under a misconception of fact that he would marry her thereby making her pregnant .....

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Jan 07 2016 (HC)

Hari Mohan Sharma Vs. State of NCT of Delhi

Court: Delhi

Decided on: Jan-07-2016

..... her on a later date cannot be considered as given under misconception of fact whether consent given by the prosecutrix to sexual ..... intercourse is voluntary or whether it is given under misconception of fact depends on the facts of each case while considering ..... sexual intercourse is voluntary or whether it is given under a misconception of fact in the ultimate analysis the tests laid done .....

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Jan 27 2016 (HC)

Sathish Kumar Vs. The State of Tamil Nadu, Represented by The Inspecto ...

Court: Chennai

Decided on: Jan-27-2016

..... prosecutrix for having sexual intercouse with the first accused would come within the purview of misconception as per section 90 ipc 13 the learned counsel appearing for the appellant first accused ..... intended to marry the prosecutrix the court cannot come to a conclusion that only under misconception the prosecutrix has given her consent for having sexual intercourse with the first accused since .....

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Nov 09 2016 (HC)

Jagdish Nautiyal vs.state of Nct (Delhi)

Court: Delhi

Decided on: Nov-09-2016

..... knew that the appellant was already married hence there was no misconception of fact and secondly even if it is believed that the ..... of the previous marriage of the prosecutrix there can be no misconception of fact in the decision reported as bhupinder singh v ut ..... in the decision reported as 2013 scc online cal 4644 describing misconception of fact observed in my opinion promise to marry is something .....

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Jul 22 2016 (HC)

Ekambaram Vs. State by: Inspector of Police, Ponneri, Thiruvallur

Court: Chennai

Decided on: Jul-22-2016

..... giving false promise of marrying her thereby ultimately the appellant fooled p w 1 on misconception of fact therefore learned additional public prosecutor prayed for dismissing the appeal 7 i have ..... to have sexual intercourse with him and her consent was not in consequence of any misconception of fact therefore the question of conviction and sentence imposed on the appellant accused for .....

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Dec 21 2016 (HC)

Moorthy Vs. State of Tamil Nadu Represented by the Inspector of Police ...

Court: Chennai

Decided on: Dec-21-2016

..... intercourse with the appellant and in this regard there was no misconception of fact the learned counsel for the appellant cites the ..... for three months the evidence clearly establishes that there was no misconception of fact in the instant case and the victim was ..... the petitioner and her consent was not in consequence of any misconception of fact it is clear therefore that the subsequent refusal by .....

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Mar 02 2016 (HC)

Capri Bathaid Private Limited And Others Vs. Commissioner Of Trade and ...

Court: Delhi

Decided on: Mar-02-2016

..... operations 41 yet another aspect is that there is a basic misconception that the vat authorities are to mechanically exercise the power ..... vat authorities have in these cases proceeded on a basic misconception of the scope of their powers and authority interdiction by ..... vat authorities have in these cases proceeded on a basic misconception of the scope of their powers and authority interdiction by .....

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Jul 29 2016 (HC)

M. Mariappan Vs. State rep. by the Inspector of Police, All Women Poli ...

Court: Chennai

Decided on: Jul-29-2016

..... which reads as follows 90 consent known to be given under fear or misconception a consent is not such a consent as is intended by any ..... is given by a person under fear of injury or under a misconception of fact and if the person doing the act knows or has ..... to believe that the consent was given in consequence of such fear or misconception 10 though section 90 ipc does not define consent it speaks as .....

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Oct 05 2016 (HC)

State Bank of India, Stressed Assets Management Branch, Chennai and An ...

Court: Chennai

Decided on: Oct-05-2016

..... years and thus rightly have been only taken by weight there seems to be a misconception in the minds of the appellants that there was no valuation filled in the valuation ..... do not have priority over the valued assets but their claim is only based on misconception of valuation report not bifurcating the amounts and one lot sale giving them some kind .....

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Apr 01 2016 (HC)

S. Sivasami Vs. S. Balachandran and Others

Court: Chennai

Decided on: Apr-01-2016

..... hand and the learned counsel for the petitioner relies on the said judgment on a misconception two sets of suits the first set for injunction and the second set of suits ..... for striking off the plaint in this case has made such an attempt on a misconception and misinterpretation of law hence the civil revision petition does not deserve even admission and .....

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