Difference between appeal and revision

Guest (Querist) 11 January 2014 This query is : Resolved
An interim order is passed in CRPC 125. what to do next - Appeal or revision?

what is difference between appeal and revision?

which section of CRPC is appeal ?

which section of CRPC is revision?

what all points need to be covered in petition ?

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Dr J C Vashista (Expert) 11 January 2014
1. Yes, there is difference in appeal and revision governed by different provisons of law. A revision lies against trail court order u/s 125 Cr. PC.

Every aspect of impugned order are required to be challanged.

2. The query is academic in nature.

Devajyoti Barman (Expert) 11 January 2014
Revision lies against such order.
Rests are pure academic query and hence no reply.

alexander (Expert) 11 January 2014
Yes Mr BOONDOCK SAINT: there is a differnce.For your future reference I shall enumerate the salient differences:
REVISION:
1. A revision lies only to the High Court.
2. A revision lies from any decision of a court subordinate tio the High Court from which NO APPEAL lies to the High Court or t any subordinate Court
3. A revision is PURELY A DISCRETIONARY matter with the High Court.
4. A revision doesn't abate in if the legal representative of a deceased is not brought on record within the prescribed period as the High Court may at any time abate in such cases.

5.A revision application lies oONLY ON THE GROUND OF JURISDICTIONAL ERROR.
Filing a revision application by the aggrieved party is not necessary as the High Court may exercise revisional jurisdiction even suo motu.

On the other hand:
APEEAL:

1. An appeal lies to a superior court which may not necesarily be a high Gourt.
2 An appeal lies only from the decrees and appealablr orders.
3, The right of appeal is a SUBSTANTIVE right conferred by the Statute
3. An appeal lies on a question of fact or f law of factor or of law and fact.

4. An appeal abates if the legal representatives of a deceased are not brought on record within the prescribed period.

6. In appeal, a memorandum of appeal must be filed before the appellate court by the aggrieved party HIMSELF.

The above are a few of the important differences and should meet the ends of your query

Rajendra K Goyal (Expert) 11 January 2014
Academic query.

Raj Kumar Makkad (Expert) 11 January 2014
This is purely an academic query.

R.K Nanda (Expert) 11 January 2014
nothing to add more.

Guest (Expert) 11 January 2014
Specific problem can have some specific solution. Better state the real problem.

ajay sethi (Expert) 11 January 2014
academic query

V R SHROFF (Expert) 11 January 2014
Academic Query..

malipeddi jaggarao (Expert) 12 January 2014
Though acqademic query expert Mr.Alexander has narrated clearly.

Devajyoti Barman (Expert) 12 January 2014
Alexander is not correct on few points like Revision lies only in High Court whereas he has failed to mention that it lies to sessions court also.
A person can file revision even if he can prefer Appeal.
There are many other anomalies.

T. Kalaiselvan, Advocate (Expert) 13 January 2014
A simple suggestion to the author that he may prefer a revision before against him. the high court against the order u/s 125 Cr. PC. The petitions in the petition for revision to be included based on the grounds already stated in the counter to the main petition in the lower court.

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