Appeal and revision are terms used in court that come from the law. Even though
they look the same, they are not the same. They are two different types of
applications that a person can choose from after a failed court hearing. Having
the right to appeal or change a court's decision has helped many people get a
fair hearing. With an appeal, the case is looked at again by a different court,
which could lead to a new decision.
In a revision, a high court checks to see if
the law was followed and if the court had the right to rule. The losing party
has a certain amount of time to file an appeal, which starts when a lower court
makes a final decision. The appeal process fails if the paperwork isn't filed on
time or not at all. The court decides if a case needs to be looked at again or
not. It's not the party's right to have one.
The high court will only consider a
rehearing if it thinks there have been illegalities and the court has not done
its job. The revision process involves rewriting and reworking, which can be
done at any time. As a result, a revision can be filed within 90 days of the
order being questioned.
Appeal
In simple terms, an appeal is a plea that is taken to a higher court to look
over the decision of a lower court. This is a legal process, so the application
can't be made to the trial court. Instead, it must be made to a higher court.
For example, a person who disagrees with the decision of the Magistrate Court
can file an appeal with the High Court of the State, with the Court of Appeal,
and so on, all the way up to the Supreme Court. After the Supreme Court makes a
decision, there is no way to change it.
Sections 372–394 of the Code are in charge of Appeal. Each of these parts will
be looked at in the right way. But before we get into it, it's important to know
that an appeal in a criminal case can either overturn the lower court's decision
or uphold it while lowering the sentence or conviction.
In the case
Chandrappa vs. the State of Karnataka, the Appellate court set out
the rules for appealing acquittals. The following are the rules:
When the facts of the case are clearly wrong and have led to a mistake in the
way justice was done. In this case, the acquittal can be called into question.
This rule was made clear in the case of Bhagirath, 35 CR LJ 1367. In a case
where the trial court didn't make a clear distinction between an obvious
conclusion from the facts of the case and an obvious conclusion from the facts
of the case, Raothula is a good example.
When the trial court didn't take into
account important evidence when making a decision, which led to a wrong decision
or a miscarriage of justice. Example, Dharnadas. When the trial court made a
mistake and didn't accept the facts of the case as proof. Dhulaji , , is one
such case.
Revision
Revision means, in simple terms, to change or fix a decision that has already
been made. It can go either way. In other words, either the trial court or the
higher or supreme court can change a court's decision. The main goal of both
sides is to change, fix, or look over what the trial court already decided.
The higher court has the power to change a decision, but they don't have to.
This means that they don't have to change every decision that comes before them.
In the case of Pranab Kumar v. the State of WB , the Supreme Court said that the
litigants do not have the right to ask for a second look at the case.
Difference Between Appeal And Revision
- Legal right to appeal or changeA person who lost in court has the right to appeal, which is written into the Constitution.
Revision, on the other hand, is up to the court. This means that it can happen or it can't.
- Listening in court
The appeal is heard in court just like any other case, but the revision does not have to be heard in court.
- Court type
According to the Civil Procedure Code, a request is taken care of by a court that is better than the one before it.
This means that it can't be a high court. A high court can only change something.
- The power to get in the wayIn an appeal, the courts can step in in any way they want, but in a revision, they can only do so much.
- The number of steps in an appeal vs. those in a revision
In an appeal, there is only one step, which is the hearing of the case.
In revision, though, there are two methods: a preliminary and a final one.
- Keeping going
An appeal is when the court case on a certain case goes on, while a revision is when the court checks to see if the law was followed during the case.
- What kind of exam is involved in an appeal or a revision
An appeal looks at the basics of the law and the facts.
A revision, on the other hand, looks at the legal actions, jurisdiction, and procedure used to come to a decision.
- Time limit
In an appeal, a party has a certain amount of time to file an appeal. This time starts as soon as a lower court makes a final decision.
In revision, there is no set time limit. A party can ask for it at any time, but it must be a reasonable amount of time.
- FilingFor an appeal to work, the person who wants to appeal must file for it. However,
filing is not required for a revision.
In
State of Kerala vs. K. M. Charia Abdullah & Co. (1965), the Supreme Court
said: "It must be assumed that the legislature has set up two jurisdictions that
are different in scope and content when it gives a right of appeal in one case
and a discretionary remedy of revision in another. " It's also possible that the
lawmakers knew there was a clear difference between these two areas of law when
they came up with the well-known ideas of appeal and revision. There is a big
difference between an appeal and a change.
In
Lachhman Dass v. Santokh Singh, the Supreme Court said that an appeal is a
continuation of a proceeding in which the whole case is given to the appellate
authorities, who have the power to look at all of the evidence as long as they
don't go against the law. But in the case of a revision, no matter what other
powers the authority has, it does not have the power to re-evaluate and
re-evaluate the evidence unless the law gives it that power. In the case State
of Kerala K. M. Charia Abdullah and Co. , the Supreme Court had already said the
same thing (1965).
In the case of
Associated Cement Co. Ltd. v. Keshvanand (1988), the Supreme
Court said that a superior court's supervisory jurisdiction includes the power
to make changes. When the court uses its power to change a decision, it only has
to look at the conclusions and make sure they are correct and valid. It also has
to see if the lower court did what it was supposed to do and if it did it on
time.
Critical Opinion
My opinion is that revision, on the other hand, gives the High Court the power
to make sure that the subordinate courts stay within their jurisdiction and
follow the law when they hear cases. It lets the High Court fix mistakes in
jurisdiction made by lower courts and gives a person who is upset with a ruling
that can't be appealed a way to try to get it changed. In other words, the High
Court is given the power to make changes so that it can do its job of
supervising and visiting well.
During the resolution of a particular dispute, an
appeal ensures that both sides will be treated fairly under the law. It also
helps to set rules of decision that will be binding on all lower courts in the
judicial system, making sure that everyone is treated the same and that those
whose actions bring them under the rule have some certainty and direction.
Conclusion
The powers of review and appeal that are given to crime victims are very
important and necessary so that the courts can dole out fair justice. So, this
calls for a fair trial. Since a certain verdict or judge may be wrong,
insufficient, or even unfair, the Criminal Procedure Code has provisions for
review and appeal to make sure that fair trials can be held and that justice is
done for crime victims.
These powers give the people who were wronged a fair chance to be heard and
present their case again, but it's important to remember that a person may keep
appealing just to feel righteous. For this reason, too, the Code has put in
place safeguards. An appeal can't be heard unless the leave to appeal has been
given, and a revision can't always be heard, even though the High Court has the
power to do so on its own. In fact, a revision can't be heard when an appeal is
pending.
So, this project has shown that the powers given to crime victims are all part
of the Criminal Procedure Code's plan for fair justice and trials for both the
victim and the accused. These powers are very helpful for people who have been
wronged by the law or who have been hurt by bad decisions.
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