Review possible how to know.
Querist :
Anonymous
(Querist) 24 August 2011
This query is : Resolved
Which order as per Crpc, CPC any order or judgment can be review, revision is possible.
In short i want to know that in criminal law & in civil law which order or judgment can go for review or revision. Or there are any speciall section in crpc & CPC that that if the judgment passed under those section than only review or revision is possible.
Becasue some says that if civil misc petition or criminal misc petition cannot go for review or revision.
How to known that a particluar order or judgment can go review or revision.
Also if the judgment or order has been gone for the review then can same order go for revision or when the revision is done then the same order can go for review.
Thanks
Kiran Kumar
(Expert) 24 August 2011
when it comes to remedies like appeal, review and revision....the things are not only governed by the provisions of the respective procedural laws.
Hon'ble SC and other Hon'ble HCs have their own supplementary rules and regulations also.
so, better would be read the procedural provisions in consonance with the other rules as adopted.
prabhakar singh
(Expert) 24 August 2011
LET me take you from very beginning.
you may have a "cause"but unless its effect is to damage your some "right recognized and enforceable at law" you can not sue.This so about civil law wich are decided on probabilities.
As human we are free to act but criminal law imposes upon us a bar not act and if you act,then your act is called offence which when proved beyond all reasonable doubts,attracts prescribed punishment.
What reveals that let it be a civil or criminal case,both have stage of trial in our judicial system which is regulated by legislation on basis of value of property in civil cases,and on basis of quantum of punishment in criminal cases.
Suppose one who decides at trial commits some error not of reasoning but of overlooking some thing manifested on the very face of record,the procedural law ,civil or criminal,provides a remedy of REVIEW to correct such an error.
But if the court trying the matter,civil or criminal,either refuses to act of which it is empowered,or proceed to act of which it is not empowered,or while acting transgresses beyond any of the two and commits an error of law,a remedy called REVISION,is provided by both procedural laws civil or criminal.
After trial stage of courts we find Appellate courts both in civil as well as criminal sides by respective procedural laws,civil or criminal.This remedy is provided to retest the soundness of reasoning of trial courts behind their judgment and are found not available for petty matters.
Then we have HIGH COURTS and SUPREME COURTS
which are CONSTITUTIONAL COURTS Free to regulate their own procedures with amending powers even in procedural laws passed by state.They are capped with independent powers to create check and balance the excesses of EXECUTIVES as well as supervisory powers over courts created below them,thus Second Appeals and SLPs come before them.
I hope every confusion should now stand washed from your mind.
prabhakar singh
(Expert) 24 August 2011
CPC section100. Second appeal.100A.No further appeal in certain cases.101.Second appeal on no other grounds.102.No second appeal in certain cases.104.Orders from which appeal lies.
ORDER XLI APPEALS FROM ORIGINAL DECREES (THE FIRST SCHEDULE)ORDER XLII APPEALS FROM APPELLATE DECREES (THE FIRST SCHEDULE)ORDER XLIII APPEALS FROM ORDERS (THE FIRST SCHEDULE)ORDER XLV APPEALS TO THE SUPREME COURT (THE FIRST SCHEDULE)
sections114.Review.ORDER XLVII REVIEW (THE FIRST SCHEDULE)
115.Revision.
THESE ARE PROVISIONS CONTAINED IN CIVIL PROCEDURE CODE WITH RESPECT TO REVIEWS REVISIONS AND APPEALS IN VARIOUS SECTIONS AND ORDERS.
Guest
(Expert) 24 August 2011
normally if no appeal chance revision lies whether it is criminal or civil
review is given only to civil court to review it's judgement or order.
other things are procedural one.
