Karnataka Cooperative Societies Act, 1959, Section 89, Karnataka Cooperative Societies Rules, 1960, Rule 38 -- Non-payment of loan - Auction sale of mortgaged property - Confirmation of sale - Appeal by debtor - Order passed in appeal - Debtor bound by the order passed on appeal filed by debtor and he has to comply with the same...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Criminal Procedure Code, 1973, Section 378(3), 372 -- Appeal - Leave of High Court is required u/s 378(3) to file an appeal under proviso to S.372 Cr.P.C...........
Criminal Procedure Code, 1973, Section 372, Limitation Act, 1963, Section 5 -- Appeal - No period of limitation is prescribed to file appeal under the proviso to S.372 Cr.P.C., hence no application to condone the delay is required along with an application for leave to appeal...........
Criminal Procedure Code, 1973, Section 2(wa), 372 - - Victim - Right of appeal against acquittal - Victim means the actual sufferer of offence and no person other than actual receiver of harm can be treated as victim of offence so as to provide him/her a right to prefer appeal under proviso of S.372 Cr.P.C. - In absence of direct sufferer or in a case where the direct..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Power of appellate Court - Duty is cast upon appellate forum to reappraise the evidence itself and it cannot proceed to dispose of the appeal according to the appraisal of evidence by the trial Court alone, particularly when appeal has already been admitted and placed for final hearing...........
Criminal Procedure Code, 1973, Section 2(wa), 372 - - Appeal against acquittal - Locus standi - Father of deceased - Falls within the definition of victim and has locus standi to prefer appeal against acquittal...........
Criminal Procedure Code, 1973, Section 372 -- Proviso - Not an exception but confers an independent statutory right of appeal to a victim, hence, no leave to appeal is required as provided u/s 378 Cr.P.C...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31 -- Second appeal - Suit for cancellation of sale deed - Assailed on the ground that plaintiff who executed sale deed in favour of deceased was not mentally sound - However, evidence on record shows that plaintiff moved an application U.32.R.12 CPC, for discharge of next friend, which is indicative of fact that..........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........
