Sunteți pe pagina 1din 4

APPEAL, REVIEW AND REVISION

The present chapter will discuss some the steps which happens after the completion of trial . Appeal, review, revision and reference all these are different post trial stages of a suit, be it civil or criminal .As a part of court procedure each of these chapter has discussion about appeal. For example , it has been mentioned in detail in chapter 3 when and under what conditions appeal from the decisions of the High Court Division will lie to the Appellate Division.

Appeal :
There is no desinition of appeal in the CPC or CrPC. Appeal means the right of carrying a particular case from an inferior to superior court with a view to ascertaining whether the judement is sustainable or not. Appeal is a kind of application by a party to an appellate court , asking it to set aside or reverse a decision of a subordinate court..

General Rule as to Appeal


(1) The right of appeal is created by statute and there is no inherent right of appeal. (2) An appeal is considered to be the continuation of the trial of the lower court . (3) Appeal may lie on a matter of law as well as a matter of fact.

Provisions in CPC: Sections 96 to112 of the CPC deal with provisions for appeal in civil
cases. (1) Appeal is allowed from every decree passed by any court exercising original jurisdiction. (2) No Appeal shall lie from a compromise decree that is a decree passed by the court with the consent of the parties. Civil Court Act: Apart from the above provisions in the CPC, sections 20 and 21 of the Civil Courts Act , 1887 provide for some provisions with regard to civil appeal (1) An appeal from a Cree or order of a senior Assistant Judge or Assistant Judge shall lie to the district the detract Judge. (2)Where the function of receiving any appeal which lie to the district judge under sub section (1) or sub section (2) has been assigned to an additional District judge.

Procedure of Appeal:
(1) Sections 404 to 431 of the CrPC deal with the provisions relating to criminal appeal. (2) Judgment and order of an appellate court shall be final except on two cases (a) appeal in case of acquittal and (b) appeal against inadequacy of sentence. (3) Appeal against an order requiring security for keeping the peace or for good behavior by a magistrate.

When Appeal doesnot lie: Section 401 in The Code Of Criminal Procedure, 1973.

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 defense. (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 of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code tan 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.

Revision:
The amendment of a text in order to correct, updates, improve, or adapt it. A revised and republished version of a text. Study that involves looking over notes and course materials, in preparation for a test. It also means to check or correct something.

Section 1. Institution of criminal actions. Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. (1a) Section 2. The Complaint or information. The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. (2a)

Section 3. Complaint defined. A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. (3) Section 4. Information defined. An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

Condition of civil revision


Section 1. Institution of criminal and civil actions. (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation. When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall constitute a first lien on the judgment awarding such damages. Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. Except as otherwise provided in these Rules, no filing fees shall be required f or actual damages.

Section 2. When civil action may proceeded independently. In the cases provided for in
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.

Distinction between Appeal and Revision:


Appeals and Revision under the Criminal procedure code are review procedure. In other words the decisions of the lower court are scrutinized and corrected by the Superior courts in criminal matters. The lower criminal court which has passed the order can review its order under s.362 only to correct clerical or arithmetical orders. In contrast in Civil Procedure code - the courts which passed the order or decree has to a large extent wider powers to review its own order. Refer S.114 of Civil Procedure code which is not the case u/s 362 of Criminal procedure code. In CPC Order XLVII Rule 1 to 9 apply for Review. As per S.115 of CPC Revision shall lie only to HIGH Court. Orders and Rules are part of civil procedure code and not criminal procedure

code. In criminal procedure you will have to refer to sections of criminal procedure code. You are right orders and rule apply only to CPC.

Review: Ri means a judicial re examination of case in certain specified and prescribed circumstances. Review is possible almost in every and judicial organ. Section 114 of the CPC provides that if a person is aggrieved(a) By a decree or order from which an appeal is allowed but no appeal has been preferred. (b) By a decree or order from which no appeal is allowed or (c) By a decision on a reference from a court of small causes.

May apply for a review of judgment to the court by which passed the decree or made the order and the court may make order there as it think it..