By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. I and my mother Mrs. It is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. An appeal lies only from the decrees and appealable order, but a revision application lies from any decision of a court subordinate to the High Court from which no appeal lies to the High Court or to any subordinate court. Generally the term Appeal is used as agitation against judgment and decree in next higher forum, whereas Review is made by the same court and Revision is made next higher court.
For an Appeal to be successful, the Appellant must file a notice of Appeal together with the necessary supporting documents within the time limit prescribed by. For a definitive answer you should seek legal advice from an attorney who 1 is licensed to practice in the state which has jurisdiction; 2 has experience in the area of law you are asking about, and 3 has been retained as your attorney for representation or consultation. The party that files the appeal is known as the appellant and has the statutory right to an appeal. Order of High Court on appeal to be certified to lower Court. The modifications show that the convicted may stay in jail for 14 months and walk out without paying anything to us in both cases. If this condition is fulfilled, the revisional court may interfere to check, where the subordinate court has: a exercised a jurisdiction not vested in it, or b failed to exercise a jurisdiction vested in it, or c acted in exercise of its jurisdiction illegally or with material irregularity. Review is not a statutory right of the people and is considered a discretionary right of a court as it can reject the request for a review.
Child support was ordered approx 1 week ago, ex filed Motion for Reconsideration citing human math errors on the part of the commissioner and wishes the support to be reduced accordingly. Though the difference between the two jurisdictions is subtle, it is quite real and has now become well recognised in legal provinces. Indeed, they are terms that are not frequently heard in ordinary parlance. I suspect that the appellate court Judge may have taken bribe from the convicted to write a partial Judgment; such things are not new in Jharkhand. Kindly or e-mail us at if you are facing any Legal Issue and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel. The Commissioner appeals before taking the decision shall give an opportunity to the appellant or a competent person authorized by him to be heard in person, if he so desires. Appeal and revision are legal terms used in court.
There is an essential distinction between an appeal and a revision. Thus, the power of Revision lies at the discretion of the court. The distinction between an appeal and revision is a real one. Revision application lies only to the High Courts. Review is used in situations where there is no provision for an appeal.
Thus, it can be said the Right to appeal is appeal substantive right vested in parties from the date suit instituted. In a revision, a high court checks whether legal actions were followed and that the court exercised regular jurisdiction. And it cancelled the compensation and kept only the fine. In most cases, the case is heard on a higher court from the previous one. While exercising revisional powers the court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it. While revision power is available only to the High Court and Court of session. 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.
The Appellate Tribunal may after giving an opportunity to the appellant to explain in personal pass such other orders on the appeal as it thinks fit, either confirming, modifying or annulling the decision or order against which appeal was filed. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. 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. It is pertinent to point out that in the case of Hari Shanker v. The Commissioner Appeals may extend the time limit for a further period of three months; if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the initial time limit. That limitation is implicit in the concept of revision.
An appeal is a continuation of the proceedings; in effect the entire proceedings are before the Appellate Authority and it has power to review the evidence subject to the statutory limitations prescribed. The three months time limit may be extended by the Central Government by a further period of three months if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the stipulated time of three months. The appellate court modified two years punishment to just one year. The Appellate Tribunal shall send a copy of every order passed to the Commissioner of Customs and the appellant. In exercise of such powers the Customs Officers may pass orders confiscating the import, export goods, levying fine and penalty for contravention of the provisions of the Customs Act, read with various allied Acts. Review can be undertaken suo moto by a court of law. An appeal is always filed by one of the concerned parties.
The grounds of appeal should be clearly indicated. More 1 A Motion for Reconsideration asks the same Commissioner to reconsider their original decision, and to adopt a different order. Revisional powers on the other hand belong to supervisory jurisdiction of a superior court. The power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case has been decided according to law. The superior court therefore can decide to examine or not examine a decision made by a lower court. If the appeal is against an order demanding duty and interest or against an order levying fine or penalty the person desirous of appealing against such order or decision shall pending the appeal, deposit with the proper officer of the Customs the duty and interest demanded or the fine or the penalty levied. Can I ask the appellate court to review the Judgment? The application shall be filed in quadruplicate and shall be accompanied by an equal number of copies of the decision or order passed by the Commissioner of Customs one of which at least shall be a certified copy and a copy of the order passed by the Board directing such Commissioner to apply to the Appellate Tribunal.
See more about : ,. It is not a right of the party to have one. The word Appeal and Revisionare appear to be similar legal terms, there are certain subtle differences between them. A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary. At least one copy of such order shall be a certified copy.
Officers of Customs of the rank of Assistant Commissioner and above are conferred with Quasi Judicial powers. The law changes frequently, and varies from jurisdiction to jurisdiction. The High Courts are also called the Courts of record. Appeal vs Revision Identifying the difference between Appeal and Revision is somewhat of a complex task for many of us. The person aggrieved with such orders may file an appeal with the Commissioner Appeal or the Tribunal, as the case may be, depending upon the order against which the appeal is being filed, or file a revision application with the Central Government. The court making the reference shall not proceed with the case and shall wait till the high court communicates it decision on reference. Appeal is the right of entering a superior court and invoking its aid and interposition to redress the error of the court below.