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 8 Replies

A.VIVEK ADVOCATE (ADVOCATE)     12 February 2011

appeal should be bassed on the law and facts but revision is re appriciation of evidence.

siddhartha shankar mishra (Lawyer)     12 February 2011

Please clarify me.

ADV Rajesh KASRIJA (ADVOCATE)     13 February 2011

appeal —(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of Section 340, or against whom such a complaint has been made by such Court, may appeal to the Court  to which such former Court is subordinate within the meaning of sub-section (4) of Section 195 and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under Section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section and subject to any such order, an order under Section 340, shall be final, and shall not be subject to revision

REFERENCE AND REVISION

Reference to High Court—(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act  of a State.

(2) A Court of Session or  Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section  (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

WHATSAPP 91-8075113965 (advocate)     13 February 2011

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401. High Court's powers of revision.

(1) In the case of any proceeding the record of which has been called for by it self or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way if revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

WHATSAPP 91-8075113965 (advocate)     13 February 2011

374. Appeals from convictions.

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person, -

(a) Convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or

(b) Sentenced under section 325, or

(c) In respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.

378. Appeal in case of acquittal.

(1) Save as otherwise provided in sub-section (2) and subject to the provisions of subsections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court 1[or an order of acquittal passed by the Court of Session in revision].

(2) In such an order of' acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into all offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the Provisions subsection (3), to the High Court from the order of acquittal.

(3) No appeal under subsection (1) or subsection (2) shall be entertained except with the leave of the High Court.

(4) If such an order of' acquittal is passed in any case instituted upon Complaint and the High Court, on an application made to it by the complainant in this behalf, grants, special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under subsection (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under subsection (2).
NOW  ABOUT REVISION :-

401. High Court's powers of revision.

(1) In the case of any proceeding the record of which has been called for by it self or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way if revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly..





 

Advocate Anuj Anand (Advocate)     20 February 2011

An Appeal is a petition to a higher court due an error of law or arising out of the decision by the lower court.
If the Appeal succeeds, the appeal ruling takes precedence over the lower judgment.
A revision does not involve a higher court and is undertaken by the same court that gave the decision. It is not a substitute for an Appeal

lingraj maradi (advocate)     22 February 2011

sir,

 

simple i will tell you in appeal there is reapperation of evidence chane is there but in the revision the scope of the reappreciation of evidence is not there

Biswaranjan Panda (ADVOCATE)     22 August 2018

REFERENCE

  1. Matter of reference has been provided u/s-395 and 396
  2. Reference is a judicial act
  3. A criminal case must be pending before a court.
  4. The case must involve a question as to the validity of any Act, ordinance, regulation or its provisions.
  5. The final disposal of the case is not possible unless that question of validity is decided first
  6. The court must be of the opinion that such Act, ordinance, regulation or its provisions is invalid or inoperative.

 

Reference is always made only the High court. The court making the reference shall not proceed with the case and shall wait till the high court communicates it decision on reference.

 

DIFFRENCE BETWEEN APPEAL,REFERENCE AND REVISIONS

 

APPEAL

REFERENCE

REVISION

Chapter XXIX

Chapter xxx

Chapter xxx

Sec-372-394 deals with appeal

It explain in sec-395 and 396

It explain in sec-397 to 401

An Appeal is a petition to a higher court due an error of law or arising out of the decision by the lower court
 

The grounds of reference must be question of law

The grounds of revision may be a question of law or question of fact

It can be made only after judgment of the case

It can be only be made only during pending case

It can be made only after judgment of the case

An appeal is preferd to higher or superior court (supreme court, high court or session court


only the High court can entertain the jurisdiction of reference

 

The sessions judge and High court have revision power

Appeal can be referred  by the aggrieved party, accused or the prosecution where the accused is acquitted or convicted or for enhancement of punishment

An application of reference can only be filed by lower courts to high court . the party is not entitled to reference.

The revision jurisdiction can be invoked by-

  1. Suo motu
  2. An application of aggrieved party
  3. Even by the third party who directly affect by the decision of lower court

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