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Review, Appeal, and Revision


Authored By- Ayushi Patil

Keywords: Appeal, Review, Revision

Abstract

There are several courts in India. The appeal, review, and revision can be done in all the courts depending on where the case was filed. These provisions of appeal, review, revision are part of the law and an important part to attempt and amend, reduces the errors that occurred by the judge. Law has reserved this right. The article deals with Review, Appeal, and revision containing a brief explanation about each of them and comparison about them. The article attempts to showcase the importance of this provision because it is necessary to know the nature, scope of this provision, and exercise the power towards the court. The purpose of the article is to expand on the terms Appeal, Review, Revision. In this article introduction, the conclusion with reference is also elaborated in the manner of extent.

Introduction There is no born man who has not made any mistakes. Making mistakes is human nature. Judges are also humans and they can also make an error in their duties. There is a provision of appeal, review, and revision which is part of the law and helps to remove, amend, reduce the errors or mistakes done by judges. Laws’ main aim is to preserve the rights of the public as the law becomes worthless when judgment is given wrong. In this case, the law gives them shelter to prove them right with a common principle Review, Appeal, Revision where they can trust law and law cannot be mistaken because it is very difficult to not make a mistake so these provisions are born. This is an important step to attempt to reduce, remove, and amend the mistakes or errors by the judge.

In India, there are three stages of judiciary i.e the Supreme Court of India, High Courts, and District Courts. All three courts include appeal, review, revision depending on which court’s order is being challenged. These rights are mentioned in Article 21 of the Indian Constitution of India that every person has the right to liberty which is prescribed under law. This right is used in civil and criminal cases. A person can appeal against the decision of the court this appeal can be filed in the lower court to the higher court.


Review

When the court re-examines the decision or the judgment by itself, the examination of any legislation made by the government or any act is called Review. It corrects and rectifies all the errors in an act, judgment, or order. The main purpose according to all legal philosophers is to protect all the rights of the law. In this process, the court makes the necessary changes in the decision. The Constitution of India has provided enough provisions with principles of justice. Article 32 allows the Supreme Court to direct and has given rights to all individuals. The law or the act will be reviewed according to rules of law and the request for review must be submitted within 30days from the date of order. Article 136 of the Indian Constitution grants the power to special leave to appeal from any judgment. Rights are not violated by any act or any law with the help of review. The complete justice concept is held together by review. A review can be called the backbone to fair justices. By the High Court and the Supreme Court the principal while delivering landmark verdicts, in the case Vishaka v. State of Rajasthan,[1] Vishaka guidelines were laid by the Supreme Court.

Classification of judicial Review

1. Judicial review of constitutional amendments

2. Judicial review of legislation of Parliament, State Legislature as well as subordinate legislation

3. Judicial review of administrative action of the Union of India, as well as the state Government and authorities falling within the meaning of State.


Cases where Review lies

1. Non-appealable cases

2. Where appeal lies but is not preferred.


Grounds of review cases

1. Discovery of new evidence

2. Error on the face of record

3. Other sufficient reasons.


Appeal

Asking Higher Courts to review if needed or to reverse the decision of the lower court is called an appeal. To make the decision in favour of the losing party and give the final judgment by their side. In this case it is compulsory to prove why the judgment of the lower court is wrong by the losing party; they have to show the errors or any mistakes that were committed in the previous trial. The application of plea that is brought in the higher court to review the decision of the lower court, such application comes as legal proceeding and cannot be made to the Court on the same level. An aggrieved person can file an appeal to review his judgment given by the magistrate court to the High Court of the State likewise suit can be filed against the High Court in the Supreme Court. The final decision is given by the Supreme Court no other appeal can be filed afterward. Under the code section 372-394 governs the appeal. Section 372 of the Criminal Procedure code, 1973 states that appeal should lie from lower court to higher court. Where the accused felt guilty and was convicted on that plea, no appeal can be filed under section 375 of the criminal procedure code. Section 376 where there shall be no appeal for petty cases. In State vs Diwanji Gardharji and Ors,[2] it was stated that this is an appeal against the orders of acquittals of respondents passed by the learned Sessions Judge, Banaskantha.

Grounds on which an appeal can be filed are:

1. When a mistake was committed in the trial.

2. When evidence does not support the verdict.

Revision

Revision means re-examining the case with involving improper inference, non-exercise or improper jurisdictional exercise. Section 115 of the code of civil procedure gives the power to revise the matter to the High court. With the view to correct is aim of revision. It is not the responsibility but a revisional power just to see the law has properly applied. Section 397-402 consists of Revision rights under the code of Criminal Procedure Code. In the case Pranab kumar v. The State of WB[3], the Supreme court was of the view that revision powers are not a conferred right on the litigants.

Grounds for revision:

1. When the lower court meditates on a matter on which it has no jurisdiction.

2. There was authority, but it was not exercised.

3. Jurisdiction has been applied illegally or irregularly.


The distinction between Review, Appeal, and Revision

1. Review comes under civil procedure code section 114 and order 47. Appeal comes under section 96 to 112 and orders 41 to 45 of civil procedure code and Revision comes under section 115 of the civil procedure code.

2. Appeal is covered in sections 372-394 of the criminal procedure code. Revision is covered in sections 397-402 of the criminal procedure code. Review is covered in section 403 to 405 of the criminal procedure code.

3. Application for review lies to the same court which passed the decree or order. An appeal is preferred to the superior court and revision is preferred by the party to suit or the High Court may itself call for records for revision.

4. Appeal is heard by different judges. In Appeal and Revision Same judge reconsiders the order or judgment passed by him.

5. On grounds of appeal may be a question of law or fact. The grounds of a review finding new evidence or error faced, grounds of revision are always related to the point of jurisdiction exercised by the lower court.

6. the Second appeal is possible and no second review is possible.

7. Right of appeal is a substantive right whereas the right of revision is discretionary.

8. Appeal starts upon the determination of the case. Review is done after the order given by the judge. Revision starts under the final judgment or final order or decision given by the court.

9. An Appeal is to plea or petition against the decision. The review is the request to review the judgment again. Revision is to revise or amend the errors occurring by courts.

10. Appeal and review can be filed by an aggrieved person or the accused. Revision can be initiated by either trial court or by the higher court.


Conclusion

Due to the presence of the constitution and such provisions there is maintenance of justice which plays an important role in society. This provision ensures that the justices are being given properly and people have faith and the shelter of law. Review, Appeal, Revision are different terms but serve the same purpose through law. All the principles should be properly and honestly used by the judiciary system.

[1] AIR 1997 SC 3011 [2] (1962) GLR 882 [3] 1959 AIR 144


References-

1. https://www.google.co.in/amp/s/www.lawnn.com/appeal/amp/

2. http://www.legalservicesindia.com/article/2580/Reference,-Revision-And-Review.html

3. https://www.google.co.in/amp/s/blog.ipleaders.in/review-appeal-revision-all-you-need-to-know-about-it/amp/

4. https://www.equalrightstrust.org/ertdocumentbank/Microsoft%20Word%20-%20Vishaka_edited.pdf

5. https://indiankanoon.org/doc/1528936/

6. https://indiankanoon.org/doc/1322317/

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