Indian Penal Code, 1860, Section 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Rape - Last seen evidence - Failure of accused to provide plausible explanation regarding intervening raises strong suspicion, but in absence of evidence connecting accused with commission of offence u/Ss. 376(2), 377 IPC renders his conviction u/Ss. 376(2)(f), 377 IPC unsustainable in eyes..........
Evidence Act, 1872, Section 106 -- Last seen evidence - Failure of accused to offer plausible explanation can be viewed as an additional link in chain of circumstances, thereby raising presumption of guilt against accused - However, such presumption, would arise only when prosecution succeeds in establishing each link in chain of circumstances to prove charge against..........
Indian Penal Code, 1860, Section 363, Evidence Act, 1872, Section 106 -- Kidnapping - Last seen evidence - Prosecution established fact that accused had taken prosecutrix aged 3 years, from custody of her mother and thereafter not returned her back home - Even, accused failed to offer any plausible explanation regarding what transpired during intervening period till..........
Practice and Procedure -- Mere submission of an explanation cannot validate a legal or procedural illegality...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Suit challenging a compromise decree is wholly barred U.O.23.R.3-A CPC r/w O.23.R.3 Explanation CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge as to - Question of lawfulness of compromise by invoking to O.23.R.3 explanation CPC, can only be examined by very Court before whom compromise agreement was presented and based upon which decree came to be passed...........
Electricity Act, 2003, Section 61, 62 -- Electricity (Late Payment Surcharge) Rules, 2022, R.4, Draft RERC (Terms and Conditions for Determination of Tariff) Regulations, 2025, Regul.91 - Tariff for creating regulatory assets - Tariffs are determined, and that truing up is conducted in a timely manner, by exercising suo motu powers if necessary - In case of non-compliance..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Agreement to sell -- Specific performance - Ready and willing - Suit filed after 5 years from the date of execution of agreement - No explanation offered by plaintiff for such period of five years - Plaintiff failed to prove his readiness and willingness to perform his part of contract throughout - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
