Difference between appeal, revision , review and remand
Sunil Dutt Bhardwaj
(Querist) 06 October 2012
This query is : Resolved
Dear Sir,
Please give difference between Appeal, Revision, Review , Recalling and remand and also please describe in criminal cases which remedy is to be asked for and please describe the basis for all the above and how to distinguish and ascertain which is the proper remedy.
What are interlocutory orders and whether an revision can be filled in case of interlocutory orders. What is the status of
section 397 (2) of Cr.P.C. as
Calling for records to exercise powers of revision.
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself' or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, and may, when calling for such record, direct that the execution of' any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation. All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 398.
(2) The powers of revision conferred by sub-section (I) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the of the of them.
Please Help me by providing Judgments if possible.
Thanks in advance
prabhakar singh
(Expert) 06 October 2012
It appears you do not wish to study books and want a tuition here which is practically not possible.
Any way I am keeping you aware of a few basics.
Any litigation,civil or criminal,has to go through a trial in the institutional court which may be a junior or senior civil judge's court for civil cases and a magistrate or a session's judge court for criminal cases.
After trial is concluded by evidence and both parties have been heard a judgement is pronounced which can be sought to be reviewed by aggrieved party or an appeal or revision can be filed in a higher court if law provides so .Hence Reviews are filed before same court but appeals or revision,as the case may be filed before higher courts. Revisional jurisdictions are of a supervisory natures over subordinate courts and can be invoked sou moto by higher court.
Sunil Dutt Bhardwaj
(Querist) 06 October 2012
Respected Sir,
I have no proper knowledge and books as I am a new comer in the field . Please oblige me by your kind guidance. I will be highly thank full to you. Please accept me as your subordinate. Please refer me a proper book on the procedural matters
Thanks
R.K Nanda
(Expert) 06 October 2012
join law coaching classes and do not waste
time of experts.
prabhakar singh
(Expert) 06 October 2012
First of all get used to read bare Acts of
CIVIL PROCEDURE CODE, CRIMINAL PROCEDURE CODE ,EVIDENCE ACT,LIMITATION ACT.
If you do not have them then visit site http://www.vakilno1.com
Buy a book of pleading by PC MOGHA
prabhakar singh
(Expert) 06 October 2012
For judgement visit http://www.stpl-india.in/
and or http://www.indiankanoon.org/
Sunil Dutt Bhardwaj
(Querist) 06 October 2012
Respected Sir ( Mr. Prabhakar Singh),
I have keen interest in the criminal field and regularly going through bare Acts of CRIMINAL PROCEDURE CODE ,EVIDENCE ACT,LIMITATION ACT. But I am in urgent need of a guidance for my queries . I am residing at Sonepat ( Hr.) . Please accept me as your subordinate and help me by your Kind guidance. I will also arrange the book of pleading by PC MOGHA with in a very short period. I will be highly thank full to you in you also allow me to come in touch with you for seeking your guidance. I belongs to a such a family where my father is teaching Economics to students and I am seeking a proper guide who can teach me in the field of law. Please Help me. My M. No. is 09215342051 . Please simply give me a miss call . I will call you back
Thanks.
Sunil Dutt Bhardwaj
(Querist) 06 October 2012
Respected Sir,
Please help me by suggesting me any other proper guide and also please keep suggesting me regularly . I will be highly thank full and obliged.
prabhakar singh
(Expert) 06 October 2012
JOIN CHAMBER OF A SENIOR CRIMINAL LAWYER AT THE PLACE OF YOUR PRACTICE.
Sunil Dutt Bhardwaj
(Querist) 06 October 2012
Respected Sir,
Thanks for your valuable advice but sorry to say that I found very hardships in this way as nobody is guiding properly. With you I am looking with divine light. But still of the opinion that where there is a will there is a way. In this way I needs your blessings.
Thanks.
If any body other can guide me please help me in the way of Justice for all as we all are the colleges in the way of Justice and for the service of others.
Thanks
Guest
(Expert) 06 October 2012
Dear Sunil,
It is not understood whether you were testing knowledge of experts, or just making fun by posting your queries and supplemetary queries, while you are also an advocate and were supposed to know all such procedures you desired to know now.
Further, with your statement, "sorry to say that I found very hardships in this way as nobody is guiding properly," instead of yourself being sorry about not learning something during your studentship in a law college, rather you seem to be cursing the experts.
I don't know how all those would have felt, who tried to respond to your queries, but to be frank, I could not relish your remarks against them.
I hope, you can understand well that, if you intended to learn something from the experts here, such remarks were not expected at all on your part. You should have desisted from using such silly remarks against the experts from whom you want to learn something.
Rajeev Kumar
(Expert) 06 October 2012
Academic query. Read law books yourself.
