#mensreas

[aletheialed]

"Hey, Edgeworth!"

Maya looks delighted as she grins at the man standing before her. To anyone looking in from the outside, they make an unlikely duo - not the types who people would assume had any kind of connection at all, but... to be perfectly honest, Maya considers Edgeworth a friend, regardless of what others might think. Or, well, something close to it, at least.

She knows that he might not feel the same. Their main connection to each other is through Nick, and Edgeworth has never been the type to open up to others for as long as she's known him. But... in the short time they have known each other, she's seen so many sides to him that it's staggering. She's witnessed moments in his life that are so personal it feels like she had no right to see them... and after all the times he's helped Nick in court, and the times he's fought to help her as well - how could she not see him as a friend after all that?

It's only been a few hours since the trial of Iris, after... well. At the thought of her mother, Maya feels her stomach flip, and her smile wavers ever so slightly. So much has happened, and it all feels so unbelievable, but while she's been stubbornly repressing any thoughts of Misty Fey for Pearls' sake... that doesn't stop those feelings from being there, constantly threaten to bubble up and make her throat tighten with something unidentifiable. Is she upset? Angry? She knows she must be, but it's so hard to put these unpleasant feelings into words... she wonders why that might be?

But that's not what she came here to talk about. Once more forcing herself to be strong, Maya speaks up again before Edgeworth can, as cheerfully as she can.

"There's no need for that look! I didn't surprise you that much, did I?" ...The sneaking up on him and yelling aside. "Actually... I wanted to thank you. Do you have a moment?"

@mens-reas ( starter! )

[omegaremix]

Omega Radio for August 28, 2021; #281.

Guerilla Toss: “Human Girl”

Viagra Boys: “Girls & Boys”

Squid: “Peel St.”

Water From Your Eyes: “Everybody Wants To Rule The World”

Palberta: “Never To Go” + “Before I Got Here”

cumgirl8: “Waffles”

Birthday Ass: “Blah”

Ohmme: “Selling Candy”

Unschooling: “Wet Sidewalks”

Deeper: “Run”

Yard Act: “Fixer Upper”

Silverbacks: “Pink Tide”

Pardoner: “Spike”

Under 45: “Under 45″

Shame: “Harsh Degrees”

Dry Cleaning: “Unsmart Lady”

The Lounge Society: “Cain’s Heresy”

Pottery: “Welcome’s To Bobby’s Motel”

Snapped Ankles: “Rhythm Is Our Business”

Conditioner Disco Group: “(Don’t Gotta’) Raise A Family”

Lice: “Imposter”

Public Opinion: “For Your Consideration”

Neurotic Fiction: “Happy Goth”

Grim Streaker: “No”

Lungbutter: “Honey”

Primitive Teeth: “Beyond The Right”

CLT DRP: “Where The Boys Are”

Alpha Hopper: “Exploding Money”

Joy: “Rotting Crown”

Child’s Pose: “L’il Snitch”

BB & The Blips: “Cyborg”

Freaking: “Love Seat”

Cold Meat: “Industry Sleaze”

Scrap Brain: “Half A Pill”

Lie’: “All Night Long”

Silent Era: “Heart Lay Down”

Es: “Kingdom Come”

Dame: “Mensrea”

Post-punk, d.i.y., city sounds.

[clarkezorian]

The Bible Story of Cain and Abel (Genesis 4)

Blog #4 

This is blog number four of six which will highlight the bible story of Cain and Abel and analyze and compare the measures of justice used then to those being used now. 

Summary of Story

The story is told of two brothers; Cain and Abel, the sons of Adam and Eve. Cain was the older of the two brothers and was a tiller of the ground, who we would call a farmer in today’s society. On the other hand, Abel was a keeper of sheep/ a shepherd. In this story, they were expected to give offerings (living sacrifices) to God, in which Abel offered the fat animals of the first-born of his flock while Cain offered fruits. This led to God favoring Abel’s offering because Cain had disobeyed his request for a living sacrifice. Cain became so angry that he killed his brother, and denied it. Consequently, God punished Cain by putting a curse on him so that he would not be able to plant and reap abundantly and also by condemning him to a life of wandering. 

How is this similar to today’s society?

This can be compared to the measures of Justice in today’s society in that, both societies have systems and leaders in place that will administer punishment to individuals who have committed unlawful actions. In the biblical society, it was considered a crime to kill another person and this was outlined in the ten commandments, while in modern society we have laws in place which when violated will be met with various consequences. 

What differences would there be for this action in today’s society?

In the society in which Cain and Abel lived, Jesus was the one who administered punishment and they had no structured justice system in which they had trials. On the other hand, in today’s society there is a structured justice system with various arms (law enforcement, courts, corrections) that deals with individuals who have committed crimes which allows them to go to a fair trial to prove their guilt or innocence. Cain was guilty and despite saying he knew not where his brother was, he was given this punishment because the all-knowing God had evidence (Genesis 4:10 (NIV), The Lord said, “What have you done? Listen! Your brother’s blood cries out to me from the ground.). In today’s justice system, evidence needs to be solid and irrefutable in nature which both the defense and prosecution can not contest or deny. 

In today’s society, Cain’s actions would be classified as First degree murder where he would go to trial and when found guilty would be sentenced to life imprisonment with a low chance of getting parole, instead of simple being ostracized from society and being condemned to a life of wandering. This is due to the fact that he planned to bring his brother to the field (premeditated) and intended to kill him (mens rea) out of anger, hatred and jealousy. 

Justice back then is very different from the numerous measures of justice now. The actions of Cain would have been met with serious consequences if this happened in the modern system of justice. however, while they are different, we see that in both societies, criminal acts will be punished even though the method of punishment or judicial system was not necessarily the same. 

Educate Yourself, Get Involved! Stay Tuned for More!- Zorian Clarke

[ohreadermine]

Tau commission - art by MENSREA/@mensreaart

(Please reblog from the artist’s tumblr HERE.)

[lawmentor-blog]

. . . . . . . . . . #lawschool #learning #legalwords #elearning #education #knowledge #LLB #LLM #law #legal #CLAT #clat2020 #judiciary #ugcnet #lawentrance #competitiveexam #criminallaw #legalmaxims #court #mensrea #justice #scholar #knowledgeispower #lawstudent https://www.instagram.com/p/B5dWWwhFUR1/?igshid=11rt4gjwkdv6b

[coketonton]

Entonces, uno busca “Eólico” 🔋💡⚡️y te aparece inmediatamente lo siguiente. “La energía eólica es la energía que se obtiene del viento o, dicho de otro modo, es el aprovechamiento de la energía cinética de las masas de aire que puede convertirse en energía mecánica y a partir de ella en electricidad u otras formas útiles de energía para las actividades humanas.” #Wikipedia #Mensrea #queestaihablandoweona #bueno #dejametranquila #eolico #parqueeolicotalinay #parqueeolicolacanela #illapel #canela #pichidangui #ontherun #onthehighway #energy #amiguitas #autopistadelaconcagua (en Parque Eolico La Canela) https://www.instagram.com/p/B1BcAYrhLxt/?igshid=ud4qv2meun7l

[omegaradiowusb]

AUGUST 28, 2021 (#281)

Guerilla Toss: “Human Girl” Viagra Boys: “Girls & Boys” (***NEW) Squid: “Peel St.” (***NEW) Water From Your Eyes: “Everybody Wants To Rule The World” (***NEW) Palberta: “Never To Go” + “Before I Got Here” (***NEW) cumgirl8: “Waffles” Birthday Ass: “Blah” (***NEW) Ohmme: “Selling Candy” Unschooling: “Wet Sidewalks” Deeper: “Run” Yard Act: “Fixer Upper” (***NEW) Silverbacks: “Pink Tide” Pardoner: “Spike” (***NEW) Under 45: “Under 45″ (***NEW) Shame: “Harsh Degrees” (***NEW) Dry Cleaning: “Unsmart Lady” (***NEW) The Lounge Society: “Cain’s Heresy” (***NEW) Pottery: “Welcome’s To Bobby’s Motel” Snapped Ankles: “Rhythm Is Our Business” (***NEW) Conditioner Disco Group: “(Don’t Gotta’) Raise A Family” Lice: “Imposter” (***NEW) Public Opinion: “For Your Consideration” (***NEW) Neurotic Fiction: “Happy Goth” Grim Streaker: “No” Lungbutter: “Honey” Primitive Teeth: “Beyond The Right” CLT DRP: “Where The Boys Are” Alpha Hopper: “Exploding Money” Joy: “Rotting Crown” Child's Pose: “L’il Snitch” (***NEW) BB & The Blips: “Cyborg” Freaking: “Love Seat” (***NEW) Cold Meat: “Industry Sleaze” Scrap Brain: “Half A Pill” Lie': “All Night Long” Silent Era: “Heart Lay Down” Es: “Kingdom Come” Dame: “Mensrea”

It’s our final deluxe Omega Radio summer broadcast and we wouldn’t do it without two hours of our favorite AAA-game post-punk, d.i.y., and city picks ready to go for the win. Tens, Jacks, Queens, Kings, and Aces; nothing less. One last game and it’s everything in the deck we offer to our listeners.

We return in 24 hours to say goodbye to our summer broadcasting season once and for all as we fill in for Purple Starlight. See you then.

August 30, 2021 (10PM New York City): final Summer (bonus) Omega

[omegaplus]

# 3,808

Omega Radio for August 28, 2021; #281.

Guerilla Toss: “Human Girl”

Viagra Boys: “Girls & Boys”

Squid: “Peel St.”

Water From Your Eyes: “Everybody Wants To Rule The World”

Palberta: “Never To Go” + “Before I Got Here”

cumgirl8: “Waffles”

Birthday Ass: “Blah”

Ohmme: “Selling Candy”

Unschooling: “Wet Sidewalks”

Deeper: “Run”

Yard Act: “Fixer Upper”

Silverbacks: “Pink Tide”

Pardoner: “Spike”

Under 45: “Under 45″

Shame: “Harsh Degrees”

Dry Cleaning: “Unsmart Lady”

The Lounge Society: “Cain’s Heresy”

Pottery: “Welcome’s To Bobby’s Motel”

Snapped Ankles: “Rhythm Is Our Business”

Conditioner Disco Group: “(Don’t Gotta’) Raise A Family”

Lice: “Imposter”

Public Opinion: “For Your Consideration”

Neurotic Fiction: “Happy Goth”

Grim Streaker: “No”

Lungbutter: “Honey”

Primitive Teeth: “Beyond The Right”

CLT DRP: “Where The Boys Are”

Alpha Hopper: “Exploding Money”

Joy: “Rotting Crown”

Child's Pose: “L’il Snitch”

BB & The Blips: “Cyborg”

Freaking: “Love Seat”

Cold Meat: “Industry Sleaze”

Scrap Brain: “Half A Pill”

Lie': “All Night Long”

Silent Era: “Heart Lay Down”

Es: “Kingdom Come”

Dame: “Mensrea”

Post-punk, d.i.y., city sounds.

[letscomply]

What is the Liabilities of directors and kmps under company law?

Liabilities of directors and KMPs under Company Law

Liabilities of directors and kmps under company law- A company or corporation is an artificial entity which exists only according to law. In order to carry out operations a company has no mind or nobody of its own. All the business operations of a company are carried on by its agents called the board of directors and key managerial personnel, including Whole Time Director, Company Secretary, Chief Financial Officer, Managing Director, Chief Executive Officer.

DIRECTORS

The board of directors carries out the management of the company and it is their duty to act in good faith for the interest of the company and its shareholders. Directors are considered to be the mind of the company. According to Section 252 of the Act every public company shall have 3 directors and every private company shall have at least 2 directors. Section 253 of the Companies Act deals with the appointment of directors. Directors are termed as trustees or sometimes managing partners of the company.

LIABILITIES OF DIRECTORS

Liabilities of directors can be considered as:-

Liability to the company

Liability to third party

Liability for breach of statutory duties

Liability for the act of co-director

Criminal liability

Liability of the director to the company may be from :-

BREACH OF FIDUCIARY DUTY -Whenever a director act intentionally in the harm of the interest of company and dishonestly, he will be held liable under which of fiduciary duty.

ULTRA WIRES ACT -Whenever a director does not act within the prescribed limits of the memorandum or articles of association of the companies are he is said to be liable under ultra vires act.

NEGLIGENCE– Whenever a director road does not act with due skill and care, intelligence is said to be liable under negligence.

MALAFIDE ACT- In a company, there are some directors who are the trustees of the assets of the company but if they exercise their powers dishonestly and does not act in good faith they will be considered to be liable under malafide acts.

Liability to third party-

If a director acts within the limits of the powers vested to them they will not be personally liable to the third parties and if they are made a contract on behalf of the company they will also not liable.

Liabilities for breach of statutory duties-

If there has been any statutory duty which is being imposed to the director and the director breaches those duties he will be held liable and consequently will be provided penal punishment.

Criminal liability –

The liability basically arises when a person hired by a company has done something which is punishable under Indian penal code. Criminal liability has to main elements -Actus Reus and MensRea. For any criminal offenses of the company it shall be held responsible. But company being an artificial person it cannot be said to have committed the offense itself. For the offences committed by the company, which specifies of punishment of imprisonment, the person behind the business that is the director shall be said to be responsible for the same offences provided he is proved to be somehow connected to the offense. Therefore this liability is the director in two ways:-

when the offense involves mens rea.

When there is the doctrine of vicarious liability present in the statute.

The directors of the company may also be held liable for criminal offences or civil offences under the Companies Act. Any such offences done by a company in which the director was somehow involved will make the director liable for such criminal offences under the Companies Act.

Apart from the above liabilities, there are various other duties or liabilities for which the directors of the company are held responsible.

KEY MANAGERIAL PERSONNEL

KMPs are the person which include chief executive officer, chief financial officer, company secretary, whole-time director. Section 203 of the Companies Act 2013 it is mandatory for every listed company and every public company having a paid-up share capital of rupees 10 crores or more to have these KMPs.

LIABILITIES OF KMPS

The liability of KMP is of any company is same as that of a director because both of them are the possible that describe the running of company and the for any offense that involves mens rea and actusreus by the company both the KMPs and the director will be held equally responsible if found that they have a hand in that offense.

Therefore it must be taken into consideration that the company are governed by Companies Act 2013 and according to any rules that have been amended, modified or substituted from time to time, key managerial personnel are responsible for and are to be held liable for any offense or wrongdoing done on the part of the company.

More Info: https://www.letscomply.com/liabilities-of-directors-and-kmps-under-company-law/

Contact Us:

+91-97-1707-0500

+91-11-42662177-78-79

info@letscomply.com

[seemabhatnagar]

‘Freedom of Speech and Expression doesn’t give right to tarnish the image of any person under the garb of Article 19’

Jagat Singh Negi v. Surat Singh Negi

Crl Revision 401/2022

Before High Court of Himachal Pradesh at Shimla

Hon’ble Mr. Justice Rajesh Kainthla J on 11.01.2024 partially set aside the order of Trial Court to the extent of allowing the complaint for the Offence of Defamation as calling the complainant ‘corrupt’ in press conference is tarnishing his image in the eyes of public. But will not cause breach of peace or incite a class or a community to cause breach of peace.

Facts

The Petitioner filed a complaint before the Trial Court for the offences punishable under Sections 500, 504, 505(C) of IPC asserting that the accused made a statement in the Press Conference that the petitioner had not toured Kinnaur District but more than 50 times during two years had withdrawn Travelling Allowance amounting to Rs.12,54,145/-.

He toured every district in his capacity as Vice President of Forest Corporation and had drawn the Travelling Allowance of ₹2,00,000/-. The petitioner indulged in corruption.

These words amount to defamation to him in the eye of the public.

The Trial Court recorded the statements of the petitioner and his witnesses and thereafter held that the right of speech and expression is a fundamental right. The public has a right to know.

There was no mensrea. Hence, the complaint was dismissed.

Aggrieved by the order of the Trial Court, present criminal revision is filed before High Court of Himachal Pradesh at Shimla.

Submission of the Petitioner

The petitioner is known for his honesty and integrity.

Right of freedom of speech is not absolute.

The Video recording of the statement was not considered by the Trial Court.

Trial Court misdirected itself while passing the order.

The right to criticism doesn’t include hurling abuses or criticism.

Observation of the High Court

The High Court Cited the Case of State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 where in it was held by the Apex Court that if any imputation of corruption is made against person holding high Office, the person can approach the Court u/s 500 IPC for suing for damages.

Allegation that the petitioner had withdrawn the excess amount can amount to criticism of the public official but calling an official ‘Corrupt’ is defamation ‘per se’ & is lowering the image in the eyes of the public.

Article 19 is not absolute but subject to exceptions which includes defamation.

A person can’t tarnish the reputation of a person in the garb of Freedom of expression and speech.

Trial Court fell in error by justifying the accused calling him as ‘Corrupt’.

Nothing was stated in the complaint to infer that words used will cause breach of peace.

Offence of Section 504IPC is not made out.

The statement does not contain any word which intend to invoke or incite a class or community to cause breach of peace.

Calling complainant corrupt will not incite any community or class for breach of peace.

Seema Bhatnagar

[firozeh]

Men Rea - Noun: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. . My word of the day, courtesy of How to Get Away with Murder. Since I studied psychology in uni, I've always been interested in documentaries and shows that try to explain the motivations and thoughts behind peoples actions. People are indeed the most interesting creatures. . Also, this word is very relevant to some people today. . . #wordoftheday #mensrea #howtogetawaywithmurder #typography #handlettering #penlettering #handwritten #english #tvshow #pscyhology #criminalminds #themind #picoftheday

[mseazye]

Was Brittany Stephens rightfully charged for the death of her 1 year old daughter Seraiya? This case happened March 2018 when an off-Duty police officer hit Brittany’s vehicle speeding at 94mph https://www.google.com/amp/s/nypost.com/2018/03/07/mom-charged-in-babys-death-after-off-duty-cop-crashes-into-car/amp/ #blacklivesmatter #batonrouge #reform #politics #louisiana #corruption #incarceration #criminaljustice #mensrea #guiltyconscience #victim #negligence https://www.instagram.com/p/BvAh3pCBkik/?utm_source=ig_tumblr_share&igshid=e9a39o210zqj

[leighodom13]

Mensrea. Created for band Mensrea and a great musician and friend who passed. RIP CORY SMOOT. #artwork #artperiod #mixedmedia #painting #mensrea #leighodom #corysmoot

[apeauk-blog]

#criminaljustice #mensrea #lawstudent #lawdegree #cilex #alevels #lawschool #law #pembs #llb

[omegaplus]

# 3,721

Dame: self-titled (2020)

And here they are, the reason why we started using Bandcamp. Having nine months to stay home and recover from three surgeries allowed us to enter a new gateway to enter post-punk, d.i.y., and cassette punk and we never left since. Picture myself sitting behind the boards at WUSB’s new studios on one chippy January Saturday night playing their 2015 Charm School tape when I should’ve been home, and thank the Lord I didn’t that time. Fast-forward to last year’s self-titled revolver that was luckily completed before the pandemic closed down the music world and was issued by Richmond’s Beach Impediment label. Here, Dame sounds even stronger and ready to fucking go. No changes to the line-up and the entire record is all thunder and lightning, front to back. As “Ersatz” sets the tone for the whole album, it then introduces “Mensrea”, delivering all the courage and valor money can’t ever buy. Anna Cataldo’s guitar riffs fire relentlessly and contributes her fair share to Dame’s goth-punk sound, and so does Lauren Fenelly’s synths as evident on “Vacancy” and the “Bubble Baby” remake which sounds more powerful and fearless than ever. Diana (no last name given) is always on the vocal forefront, sounding confident and never backing down from a conflict. Dani’s basslines and Meghan’s drums (also n.l.n.g.) also contributes as the backbone to Dame’s complete steadiness. It all ends here at “Parlor Games”, sadly ending a short but exhilarating ride reminding that Dame is here to stay.

700 in black, 200 in red, and 100 in blue for a total of 1,000 copies, each adorned with Cataldo’s artwork on the cover.

[seemabhatnagar]

"Empowering Children: Parents Must Teach School Safety Precautions"

Parents play a crucial role in ensuring school safety for their children. They should educate their kids about safety, maintain open communication, guide them on carrying bags properly, monitor school conditions, encourage responsible behavior, choose safe schools, and actively engage with the school community. By collectively fostering a safe environment, parents contribute to their children’s well-being and overall school experience.

Asha Budhani v. State of NCT Delhi & Anr. Crl Misc. Case 4544/2024

Nawab Singh Bhati v. State of NCT Delhi & Anr Crl. Misc. Case 16859/2024

Before The Delhi HC Heard by Hon’ble Madam Justice Neena Bansal Krishna J

Today I am sharing a case that revolves around the tragic death of a 12-year-old boy, Varun, who fell from the second floor of his school building (Rishabh Public School, Mayur Vihar, Delhi) on January 24, 2012.  The boy was leaning over the railing while adjusting his heavy school bag lost his balance, and fell, resulting in fatal injuries. The incident led to the registration of an FIR, followed by an investigation and the filing of a charge sheet against the school’s Chairman and the teacher on bus duty that day. The trial court framed a notice under Section 304-A IPC against both accused, which was upheld by the Additional Sessions Judge. The accused then filed a petition under Section 482 of the Cr.P.C. seeking quashing of the charges. Argument of the parties Petitioners (Nawab Singh Bhati and Asha Budhani): The framing of charges against them was unjustified and no negligence could be attributed to the school authority. They further argued that the school infrastructure was constructed per approved plans and that all necessary safety measures were in place. There was no mensrea and the absence of criminal rashness or negligence. Respondent (State): The State opposed the petition, arguing that the tragic incident resulted from negligence on the part of the school authorities and the teacher. Courts Observation The incident was tragic but there is no evidence to establish culpability on the part of the petitioners. The child’s falling was a result of him losing balance while adjusting his school bag and not due to any negligence in the school’s infrastructure. The height of the parapet, which was about 4 feet, was sufficient to prevent a fall under normal circumstances, as corroborated by the FSL report. There was no proximate cause or direct link between the actions of the petitioners and the fatal fall, making it unjust to hold them criminally liable for negligence under Section 304-A IPC. Order The Delhi High Court quashed the charges framed under Section 304-A IPC against the petitioners, holding that neither the Chairman nor the teacher could be held liable for the tragic incident. The court found that the evidence clearly pointed to the incident being a pure accident, with no negligence or recklessness attributable to the petitioners.