File Name: difference between appeal and revision .zip
The distinction between an appeal and a revision is a real one. An appeal is whereby an individual petition for the case to be heard in a new court.
- Difference Between Appeal and Revision
- Download Our Soolegal App
- Difference between Review and Revision
Difference Between Appeal and Revision
Review is a provision under Section , which states: Subject as aforesaid, any person considering himself aggrieved- by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, by a decree or order from which no appeal is allowed by this Court, or by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. Dictionary meaning of the word review is an act of carefully looking at or examining the quality or condition of something or someone: examination or inspection. A reconsideration; second view or examination; revision; consideration for purposes of correction. It is a discretionary right of the court and not statutory right. According to section of CPC, any person aggrieved by a decree or order from which an appeal is allowed but not filed, or a decree or order from which no appeal is allowed, can file a review petition in the same court which passed such decree or order on the following grounds: When new and important matter or evidence is discovered which after the exercise of due diligence was not within his knowledge, or could not be produced by him at the time when the decree or order was passed; When there is any mistake or error apparent on the face of the record; When there is any other sufficient reason. There is not provision of reviewing an order already reviewed, unlike an appeal where there is a provision of second appeal. Review by the Supreme Court: Article of the Constitution confers power on the Supreme Court to review its own judgments subject to the provisions of any law made by Parliament or the Rules made under clause c of Article
Appeal and Revision are the two different legal terms that fall under the jurisdiction exercised by the courts. These are the powers the court practice to look onto a case which is already concluded, for the convenience of the petitioner. The difference between an appeal and revision is that an appeal is a complaint of a case that is given attention to again due to the displeasure of a certain party, whereas revision is performed by a High Court to guarantee that legal actions were obeyed in concluding. An appeal is a complaint that is made into the superior court against the judgment of a lower court whereas revision is an act of re-examination to eliminate any flaws or non-exercise of jurisdiction by a lower court. An appeal is a Civil Procedure Code complaint that is made to check the solidity of a decision of the lower court by a superior court. An appeal can be filed against an original statute or proclamation passed in appeal. Revision is the power of the High Court to re-work and re-write the conclusion made in the subordinate court.
Download Our Soolegal App
Therefore it is necessary to know the nature and scope of all these three words and also how they are different from each other. It is imperative to know the scope of all these to exercise the power of reviewability against the impugned order of the respective Court. Reference A. Nature and Scope Section of the Civil Procedure Code empowers a subordinate court to state a case and refer the same for the opinion of the High Court. Such an opinion can be sought when the code itself feels some doubt about a question of Law. The reference can only be made by a Court but not by a persona designate.
Difference between Review and Revision
An appeal, Reference, and Revision are under the inherent rights bestowed on every citizen of the country. This is the right to be heard. Article 21 of the Indian Constitution provides that every person is entitled to the right to personal liberty as prescribed under the law. As such, no one should be deprived of this right except where there is a criminal case against such an individual who is found guilty and confined to imprisonment. In such instance, the person has a right to appeal against the decision of the court for an acquittal or a discharge.
Appeal and revision are legal terms used in court.
This article is written by Aarchie Chaturvedi , a 1st-year student currently pursuing B. This is an exhaustive article about review, appeal, and revision containing a brief analysis of each of them and comparison among them. It is human nature to make mistakes. Judges are also humans. A judge can make an error in the course of his duties as well.