What is Review?
A party who feels wronged can ask a court to reconsider its ruling or verdict by using the review process. Review is utilized when there is no appeal provision. Since a judge has the power to deny a request for review, review is not a legislative right of the people. The same court that rendered the first ruling is requested for review. There isn’t a second review mechanism in place. A court of law may conduct a review on its own. Judicial review is an essential procedure that permits a case to be re-examined by the same judge and in the same court as the first judgment or order under Section 114 of the Code of Civil Procedure (CPC). This substantive right is outlined in Order 47 of the code, together with the prerequisites and procedures for initiating a review. Under Section 114 of CPC, the court may examine its own decision and make any required adjustments.
Key Features of Review:
- A review indicates a second look or a more thorough examination. The court is empowered under Section 114 to examine its own decision and make any required modifications.
- The sole window of time within which an application for review may be submitted is thirty days from the date of the judgment or decree. This deadline highlights how important it is to utilize the review process of the legislative framework as soon as possible.
- It is crucial to keep in mind that the right to review is bestowed by law, either expressly or by appropriate inference. Therefore, the court’s power to look into and correct injustices fulfills its duty to correct grave and obvious errors that it has made.
Difference between Appeal and Review
Appeal and Review both involve a re-evaluation of a decision, but they differ in their scope and purpose. An appeal typically involves presenting a case to a higher authority, seeking a reversal or modification of a decision made by a lower body. On the other hand, a review usually entails a comprehensive examination of a decision by the same body or a neutral party to ensure its correctness or fairness.
Table of Content
- What is Appeal?
- What is Review?
- Difference between Appeal and Review
- Conclusion
- Difference between Appeal and Review- FAQs