Skip to main content

Revision

Revision



Section 115 of the Code empower High Court to entertain a revision in any case decided by subordinate court to prevent the latter from acting arbitrarily, capriciously and illegally or irregularly in the exercise of their jurisdiction. Revision means to 're-look again', 'go through carefully'. It is an act of revising with a view to correct the errors.

Who may file revision: A person aggrieved by an order passed by a court subordinate of High Court may file a revision against the order. A High Court may even sou motu exercise revisional jurisdiction under Section 115.

Conditions and grounds: Section 115 lays down following conditions which must be satisfied before revisional jurisdiction is exercised by High Court:

(1) The case must have been decided.

(2) The court deciding the case must be subordinate of to High Court.

(3) The order should not be appealable.

(4) The subordinate court must have:

  • (a) Exercised jurisdiction not vested in it by law, or
  • (b) Failed to exercise jurisdiction vested in it, or
  • (c) Acted in the exercise of its jurisdiction illegally or with material irregularity.

Under Section 115 High Court cannot correct the error of fact or error of law, howsoever gross they may be, unless such errors are related to the jurisdiction of the court as mentioned in Section 115.

The limitation on revisional jurisdiction: The exercise of revisional jurisdiction of High Court is discretionary and the court interferes when the ends of justice requires. The power of revision is also subjected to following limitations:-

1. The High Court shall not vary or reverse any order passed in the course of a suit or other proceeding except when the order would have finally disposed of the suit or proceeding if it had been passed in favour of the applicant [Proviso to Section 115].

2. High Court shall not vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate to it [Section 115 (2)].

3. The High Court will generally not interfere in favour of party who has an alternative remedy available against the order of lower court. [Major S.S. Khanna v. Brig. F.J. Dhillon, AIR 1964 SC 497]

4. The High Court will also not interfere if the applicant is not vigilant about his rights and where there is great and unexplained delay or laches on his part. [Sita Bai v. Vidhyawati, AIR 1972 MP 198]

No automatic stay: Section 115(3) of the Code clarifies that mere filing of revision if the High Court would not operate as stay of pending suit or other proceedings unless such stay is granted by the High Court.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

Theories of Punishment

Theories of Punishment Punishment in law serves multiple purposes, and the rationale behind these punishments can be understood through different theories of punishment. These theories form the foundation for justifying punishment and help in shaping laws and sentencing policies. Here’s a detailed explanation of each theory with examples: 1. Deterrent Theory The deterrent theory focuses on preventing crime by imposing severe punishments to create fear among people. The idea is that potential offenders will refrain from committing crimes if they fear punishment. Example : The death penalty or long-term imprisonment for serious offenses like murder or terrorism acts as a deterrent for those considering committing such crimes. 2. Retributive Theory This theory is based on the principle of "an eye for an eye" or giving the offender what they deserve. It focuses on vengeance or moral satisfaction, ensuring the punishment is proportionate to the crime committed. The goal is not to ...
Post a Comment
Read more

APPEALS - CRIMINAL PROCEDURE CODE

  Appeals "The word "appeal" means the right of carrying a particular case from an inferior court to a superior court with a view to ascertain whether the judgement is sustainable. An appeal is a creature of statute only and a right of appeal exists where expressly given. A right of appeal is neither an inherent right nor a fundamental right. Right to appeal is not merely a procedural right. It is a substantive right as well. This right accrues on the date of lis though it may be exercised later. Section 372 provides that no appeal lie from any judgment or order of a criminal court except as provided for this Code or any other law for the time being in force." Right of victim to file appeal : In Section 372 a proviso was inserted by Cr.P.C. (Amendment) Act, 2008, provides that the victim shall have a right to prefer an appeal against any order passed by the court (i) Acquitting the accused; or (ii) Convicting for a lesser offence; or (iii) Imposing inadequate com...
Post a Comment
Read more

JURISPRUDENCE

  JURISPRUDENCE   Jurisprudence is derived from Latin word ‘juris-prudentia’- knowledge of law or skill in law. Study of jurisprudence first started by Romans. Jeremy Bentham(1748-1832) is known as father of  modern jurisprudence. Jurisprudence is basically the theoretical aspect of the word law. In jurisprudence, we do not deal with the practically applicable pieces of statutory law; rather we try to understand the very essence of law and its various dimensions. Like in the other subjects, for example, geography, we have geographical thought as a subject of study, similarly, in law we have got "legal thought" which is called "jurisprudence". The basic questions that we try to answer in jurisprudence are - What is law?, Why should it exist?. What should be the nature and purpose of the law?, What are rights and duties and what should be their nature?, What is ownership and possession and why does law have to protect them?, etc. Jurisprudence refers to a certain type...
Post a Comment
Read more