Review Petition allows a binding decision of the Supreme Court/High Court to be reviewed. Article 137 of the Constitution of India gives power to the Supreme Court to review any judgment passed by it. A review is granted in exceedingly rare circumstances. It is not a statutory right but is at the discretion of the court which means that the court has the power to reject the request. It is a request to consider the legality of the judgement and is filed by the aggrieved at the same court where the order or decree was passed.
A civil review petition can be moved in accordance with Section 114 and Order 47 of the Code of Civil Procedure,1908 whereas a criminal review petition can be filed only on the grounds of an error apparent on the face of the record.
2G spectrum case
In this case, the government on 2nd March 2012 filed for a review petition to Supreme Court seeking partial review on the court’s order which had quashed 122 licences. The government question Supreme Court’s decision to rule against the first-come first-served policy. Sistema who was a majority shareholder in MTS India on the very same day filed for a review petition. The Supreme Court on 4th April 2012 accepted only the government’s review petition on limited grounds and dismissed all other petitions.
Mayawati Disproportionate Assets case
In this case, Kamlesh Verma on 4th October 2012 filed a review petition, the Supreme Court decided to review its earlier verdict in a Disproportionate assets case against Mayawati in open court.In 2003, CBI filed a case against Mayawati for owning assets disproportionate to her known sources of income. This CBI investigation against Mayawati was described as illegal by her. Supreme Court on 6th July 2012 finally quashed this case nine years later. CBI did not file an appeal.
Part VII of Civil Procedure Code, 1908 deals with Appeal, however appeal has not been defined in CPC,1908. Appeal is the process by which cases are reviewed, the parties file for an appeal to request a change in the official decision. Appeal procedure is always carried out by the superior court of the court that gave the decision in the present case. Right to first appeal is a substantive right.
Appeal is a continuation of the original proceedings but by a superior court. The right to appeal arises as soon as the suit is instituted and not when an adverse judgement is given. Any person who has been adversely affected by the court’s decision or transferee of interest of such party who has been adversely affected by the decision can file an appeal.
Delhi Cloth & General Mills v. I T Commissioner
In this case, it was held that where right to appeal is created subsequently shall not be available to a litigant if the suit was instituted prior to such creation.
Kaleidoscope India Pvt. Ltd. v. Phoolan Devi
In this case, the Trial Court judge prohibited the exhibition of film both in India and abroad. The party who moved in appeal did not have locus standi but the Session Judge permitted the exhibition of film in abroad. It was reversed by the division bench stating that it’s not proper on the part of judge as he entertained the suit on which party had no locus standi.
There are five Significant Differences Between Review And Appeal :
- Section 114 and Order 47 deal with review whereas Sections 96 to 112 and Orders 41 to 45 deal with appeals.
- A review is filed in the same court whereas an appeal in filed in a superior court from an inferior court.
- A person can only file one review whereas a person can file three appeals
- In review the case is reconsidered by the same judge whereas in an appeal the case is heard by a different judge.
- The grounds of review are narrow whereas the grounds of appeal are comparatively wider.
Hope now the difference between Review and Appeal is clear to the readers. Rest, one can contact Top/Best/Expert Civil/Criminal Lawyer Advocate practicing in District Courts Trial Courts at Chandigarh Panchkula Mohali Kharar Derabassi etc or Punjab Haryana High Court Chandigarh.
This post is written by Kashish Sandha. For more info, dial 99888-17966.