Review

Definition:
A review is a judicial re-examination of the same case by the same court to correct an apparent error. It allows for rectification of a mistake without going to a higher court.

Legal Provisions:

• Code of Civil Procedure (CPC), 1908: Section 114 and Order 47
• Indian Limitation Act, 1963: Article 124 (provides a 30-day limitation period for filing a review petition from the date of the decree or order).

Examples:

1. Aribam Tuleshwar Sharma v. Aribam Pishak Sharma (1979) – The Supreme Court highlighted that a review is permissible only when there is an error apparent on the face of the record and not for re-arguing the matter.

Case Laws:

1. Kamlesh Verma v. Mayawati & Ors. (2013) – The Supreme Court clarified that review jurisdiction is not to be confused with an appellate jurisdiction and is to be exercised only for correction of a patent error.

Appeal

Definition:
An appeal is a legal process by which a higher court re-examines the decision of a lower court. It involves a re-assessment of the facts and law involved in the case.

Legal Provisions:

• Code of Civil Procedure (CPC), 1908: Sections 96-112 (deal with first appeals and second appeals)
• Indian Limitation Act, 1963: Articles 114-117 (provide limitation periods for filing appeals)

Examples:

1. First Appeal: If a party is aggrieved by a decree passed by a district court, they can file a first appeal in the High Court.
2. Second Appeal: If a party is aggrieved by the decision in the first appeal, they can file a second appeal in the Supreme Court or High Court on substantial questions of law.

Case Laws:

1. N. Suriyakala v. A. Mohandoss (2007) – The Supreme Court discussed the scope of second appeals and emphasized that they are maintainable only on substantial questions of law.
2. Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999) – It was held that re-appreciation of evidence is not permissible in second appeals.

Relevant Sections from the Indian Limitation Act, 1963

• Article 124: Provides for a 30-day period for filing a review petition.
• Article 114: Provides for a 90-day period for filing an appeal to the High Court from an original decree.
• Article 115: Provides for a 30-day period for filing an appeal from an order of a High Court to the same court.
• Article 116: Provides for a 90-day period for filing an appeal to the Supreme Court from a High Court decree or order.
• Article 117: Provides for a 60-day period for filing an appeal to any other court from a decree or order.

Relevant Sections from the Code of Civil Procedure, 1908

• Sections 96-112: Cover the provisions related to appeals.
• Section 96: First appeal from decrees.
• Section 100: Second appeal.
• Section 108: Power of the appellate court.
• Section 114 and Order 47: Deal with review.
• Order 47, Rule 1: Grounds for review.
• Order 47, Rule 5: Application for review in Court of Small Causes.

Limitations of Review and Appeal

• Review:
• Restricted to correction of an apparent error.
• Cannot be used for re-arguing the case.
• Limited time period for filing (30 days).
• Appeal:
• First appeals allow re-assessment of facts and law, but second appeals are limited to substantial questions of law.
• Longer and more complex process compared to reviews.
• Time-bound as per the Limitation Act.

Understanding the mechanisms and constraints of review and appeal processes helps ensure proper legal recourse and the rectification of judicial errors within the framework of the law.

comparison between review and appeal:

Aspect	Review	Appeal
Definition	Re-examination by the same court to correct an error.	Re-examination by a higher court of the decision of a lower court.
Legal Provisions	CPC: Section 114 and Order 47, Limitation Act: Article 124	CPC: Sections 96-112, Limitation Act: Articles 114-117
Scope	Limited to correcting apparent errors.	Involves re-assessment of facts and law.
Grounds	Error apparent on the face of the record.	Errors in application of law, procedural errors, or incorrect findings.
Time Limit	30 days from the date of the decree or order.	Varies: 30-90 days depending on the type of appeal and court.
Jurisdiction	Same court that passed the original order.	Higher court (appellate court).
Examples	Aribam Tuleshwar Sharma v. Aribam Pishak Sharma (1979)	First Appeal: District court to High Court; Second Appeal: High Court to Supreme Court
Case Laws	Kamlesh Verma v. Mayawati & Ors. (2013)	N. Suriyakala v. A. Mohandoss (2007), Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999)
Outcome	Correction of mistakes without re-hearing the entire case.	Re-examination and potential re-hearing of the case.
Nature of Process	Summary process focused on error correction.	Detailed process involving re-evaluation of legal and factual issues.
Evidence Re-assessment	Generally not allowed.	Allowed, especially in the first appeal.
Complexity	Simpler and quicker.	More complex and time-consuming.
Substantial Questions	Not applicable.	Second appeals require substantial questions of law.

Conclusion

In summary, while both review and appeal serve as mechanisms for judicial re-examination, they cater to different aspects of judicial oversight. A review focuses on correcting apparent errors within the same court, offering a quicker and simpler means of rectification. In contrast, an appeal involves a higher court reassessing both legal and factual elements of a case, providing a more comprehensive re-evaluation but with greater complexity and time requirements. Understanding these distinctions is crucial for effectively navigating legal recourse and ensuring just outcomes in the judicial system.