• Appeal, Review, Reference & Revision

  • In India, we have a three tier judiciary. The District Courts, High Courts and the Hon’ble Supreme Court of India. The District Courts are generally referred to as the Lower Courts and/ or Trial Courts too. However, in some States the High Courts also try Cases, commanding Original Jurisdiction. The High Courts are also called the Courts of record. The Hon’ble Supreme Court of India is the Apex Court of the Country. The Appeal, Review &  Revision lie in all three Courts, i.e. the District Courts, the High Courts and the Hon’ble Supreme Court of India, depending on which Court’s Order is being challenged. The facts and circumstances of a particular Case and the question of law involved are relevant for taking a call on whether or not to challenge a order under either of the following jurisdictions- Appeal, Review & Revision. We have numerous Legislations governing the law of Appeal, Review, and Revision.  

    To know more, go on clicking on the following links

    Civil Jurisdiction

    Criminal Jurisdiction

    Judicial Review

    • Judicial Review- Vital Grounds of challenge- Unreasonableness, Irrationality, Arbitrariness, Bias & Malafide [Municipal Corporation, Ujjain Vs. BVG. India Limited [PDF Judgment]

     Vital Grounds Of Challange  

    • Arbitrariness 
    • Appreciation & Re-Appreciation of the evidence- The Court failing to Appreciation & Re-Appreciation the material on record and/ or doing the same illegally.  
    • Bad in law
    • Consideration- The Court failing to consider the relevant material on record do and/ or considering irrelevant material before it. 
    • Error of law- Order suffering from grave error of law
    • Jurisdiction- The Court exceeding and/ or failing to exercise 
    • Illegal
    • Malafide
    • Perverse 

    Civil Appeal Under The Code Of Civil Procedure, 1908

    • First Appeal
    • Second Appeal
    • Grounds for Condonation of delay in preferring Appeal
    • Stay by Appellate Court
    • Stay by Court which passed the decree 
    • Dismissal of Appeal for Appellant’s default
    • Re-admission of Appeal dismissed for default 
    • Re-hearing on Application of Respondent against whom ex parte Decree made 
    • Appeal by Indigent Person 
    • Appeal to the Supreme Court 
    • Power of Appellate Court 
    • Remand of case by the Appellate Court 
    • Where Appellate Court may frame issues and refer them for trial to the Court whose Decree Appealed from 
    • Production of additional evidence before the Appellate Court
    • Which Court To Be Approached To File Civil Appeal
    • Relevant Provisions For Civil Appeal
    • Judgments & Orders On Civil Appeal.

    Civil Review Under The Code Of Civil Procedure, 1908

    • Grounds for Condonation of delay in preferring Review
    • Stay by Review Court
    • Dismissal of Review for Reviewist’s default
    • Power of Review Court 
    • Which Court To Be Approached To File Civil Review
    • Relevant Provisions For Civil Review.

    Civil Reference Under The Code Of Civil Procedure, 1908

    • Power of Reference Court 
    • When Reference lies.
    • Relevant Provisions For Civil Reference.

    Civil Revision Under The Code Of Civil Procedure, 1908

    The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears—

    1. to have exercised a jurisdiction not vested in it by law, or
    2. to have failed to exercise a jurisdiction so vested, or
    3. to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:—

    Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.

    The High Court shall not, under this section vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto. Also, a revision shall not operate as a stay of suitor in other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.

    • Grounds for Condonation of delay in preferring Revision
    • Stay by Revision Court
    • Dismissal of Revision for Revisionist’s default
    • Power of Revision Court 
    • Which Court To Be Approached To File Civil Revision- Revision lies before The District & Sessions Judge | High Courts of various States | Supreme Court Of India,
    • Relevant Provisions For Civil Revision- Sections-115 Of The Code Of Civil Procedure, 1908.

    Criminal Appeal Under The Code Of Criminal Procedure, 1973

    Criminal Review Under The Code Of Criminal Procedure, 1973

    • Grounds for Condonation of delay in preferring Review
    • Stay by Review Court
    • Dismissal of Review for Reviewist’s default
    • Power of Review Court 
    • Which Court To Be Approached To File Criminal Review
    • Relevant Provisions For Criminal Review
    • Judgments & Orders.

    Criminal Reference Under The Code Of Criminal Procedure, 1973

    • Power of Reference Court 
    • When Reference lie.
    • Relevant Provisions For Criminal Reference.

    Criminal Revision Under The Code Of Criminal Procedure, 1973

    Powers of revisional Court are limited. It is well settled that revisional jurisdiction can be exercised sparingly and only in exceptional cases. A revisional Court cannot convert itself into a regular Court of Appeal. 

    • Grounds for Condonation of delay in preferring Revision
    • Stay by Revision Court
    • Dismissal of Revision for Revisionist’s default
    • Power of Revision Court 
    • Which Court To Be Approached To File Criminal Revision
    • Relevant Provisions For Criminal Revision
    • Judgments & Orders.

    Criminal Courts

    [In Hierarchical Order]

    • Supreme Court Of India
    • High Courts Of Various States
    • District & Sessions Judge [D&SJ] 
    • Metropolitan Magistrates [MM]
    • Judicial Magistrates [JM]
    • Mediators & Concilliators.

    Other Criminal Foras

    • Crime Against Women Cell [CAW Cell]
    • Central Bureau of Investigation [CBI]
    • Central Vigilance Commission [CVC]
    • Comptroller and Auditor General of India [CAG].
    • Delhi Commission for Women [DCW]
    • Enforcement Directorate [ED]
    • Indian Govt. Limbs & Foreign Missions
    • Intelligence Bureau (IB)
    • National Commission for Women [NCW]
    • National Technical Research Organisation (NTRO)
    • Research and Analysis Wing (RAW)
    • Serious Fraud Investigation Office [SFIO]- SFIO is a multi-disciplinary organization under Ministry of Corporate Affairs, consisting of experts in the field of accountancy, forensic auditing, law, information technology, investigation, company law, capital market and taxation for detecting and prosecuting or recommending for prosecution white-collar crimes/frauds.
    • Senior Citizen Cell.
    • Women Helpline Nos.

    Civil Courts

    • Supreme Court Of India
    • High Courts Of Various States
    • District & Sessions Judges [D&SJ]
    • Family Courts 
    • Senior Civil Judges 
    • Civil Judges
    • Mediators & Concilliators.

    Other Civil Fora

    • Rent Controller

    Legal Provisions Governing Civil Appeals, Review, Reference & Revisions

    Civil Law Under The Code Of Civil Procedure, 1908

    Criminal Law Under The Code Of Criminal Procedure, 1973

    Legal Provisions Governing Appeal, Reference, Review And Revision Under Civil Laws

    The Code Of Civil Procedure, 1908

    PART VII: APPEALS

    Appeals from original decrees

    • Section-96: Appeal from original decree
    • Section-97: Appeal from final decree where no appeal from preliminary decree

    Appeals from appellate decrees

    Appeals from orders

    General Provisions relating to appeals

    Appeals to the Supreme Court

    PART VIII: REFERENCE, REVIEW AND REVISION

    Legal Provisions Governing Appeal, Reference, Review And Revision Under Criminal Laws

    The Code Of Criminal Procedure Act, 1973

    CHAPTER VI : PROCESSES TO COMPEL APPEARANCE

    C.- Proclamation and attachment

    • Section-86: Appeal from order rejecting application for restoration of attached property

    CHAPTER XXVI: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

    CHAPTER XXIX: APPEALS

    • Section-372. No appeal to lie unless otherwise provided
    • Section-373: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
    • Section-374: Appeals from convictions
    • Section-378: Appeal in case of acquittal
    • Section-382: Petition of appeal
    • Section-386: Powers of the Appellate Court
    • Section-388. Order of High Court on appeal to be certified to lower Court.
    • Section-389: Suspension of sentence pending the appeal; release of appellant on bail
    • Section-391: Appellate Court may take further evidence or direct it to be taken
    • Section-393: Finality of judgments and orders on appeal
    • Section-394: Abatement of appeals

    CHAPTER XXX: REFERENCE AND REVISION

    CHAPTER XXXI: TRANSFER OF CRIMINAL CASES

    • Section-406: Power of Supreme Court to transfer cases and appeals
    • Section-407: Power of High Court to transfer cases and appeals
    • Section-408: Power of Sessions Judge to transfer cases and appeals

    CHAPTER XXXIII: PROVISIONS AS TO BAIL AND BONDS

    Judgments: Appeal Under Civil Laws

    Judgments

    Revisit of an Order

    • Suraj Bhan Meena and Another Vs. State of Rajasthan- (2011) 1 SCC 467- A request for a revisit of Order cannot be entertained ad nauseam.
    • Uttar Pradesh Power Corporation Limited Vs. Rajesh Kumar- (2012) 7 SCC 1- A request for a revisit of Order cannot be entertained ad nauseam.
    • S. Panneer Selvam  Vs. State of Tamil Nadu- (2015) 10 SCC 292- A request for a revisit of Order cannot be entertained ad nauseam.
    • Chairman and Managing Director, Central Bank of India Vs. Central Bank of India SC/ST Employees Welfare Association- (2015) 12 SCC 308- A request for a revisit of Order cannot be entertained ad nauseam.
    • Suresh Chand Gautam Vs. State of Uttar Pradesh- (2016) 11 SCC 113- A request for a revisit of Order cannot be entertained ad nauseam.

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