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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 14, 20242024-05-14T16:06:57+05:30 2024-05-14T16:06:57+05:30In: Co-operation, Co-operative Law and Business Laws

Explain the meaning of Revision. Discuss with the help of at least three decided case laws on Revision.

Explain the meaning of Revision. Discuss with the help of at least three decided case laws on Revision.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-14T16:07:57+05:30Added an answer on May 14, 2024 at 4:07 pm

      In legal terms, revision refers to the process of reviewing, re-examining, or reconsidering a decision or order passed by a subordinate or lower court or authority by a higher court or authority vested with revisional jurisdiction. Revision serves as a mechanism for correcting errors, ensuring procedural fairness, and promoting justice by providing an avenue for parties aggrieved by a decision to seek review and redressal of their grievances. The purpose of revision is to rectify any miscarriage of justice, legal errors, or procedural irregularities that may have occurred in the proceedings before the subordinate court or authority.

      Now, let's discuss three decided case laws related to revision:

      1. Rajasthan Cooperative Dairy Federation Ltd. vs. Nirmal Pariwar Evam Mahila Vikas Sansthan & Ors. (AIR 2012 Raj 4):

        In this case, the Rajasthan High Court addressed the issue of revisional jurisdiction in cooperative matters. The dispute arose when the Rajasthan Cooperative Dairy Federation Ltd. filed a revision petition before the High Court challenging an order passed by the State Cooperative Tribunal. The Tribunal had set aside the election of the Board of Directors of a cooperative society and ordered a fresh election on the grounds of irregularities and non-compliance with statutory requirements. The Dairy Federation contended that the Tribunal's order was erroneous and unjustified. The High Court, exercising its revisional jurisdiction, examined the records and proceedings before the Tribunal and found that there were no substantial grounds to interfere with the Tribunal's order. The Court dismissed the revision petition, affirming the Tribunal's decision to set aside the election and order a fresh election.

      2. Vidya Sagar Cooperative Housing Society Ltd. vs. Chandrakant Shankar More & Ors. (AIR 2003 SC 438):

        In this case, the Supreme Court of India dealt with the scope of revisional jurisdiction under the Maharashtra Cooperative Societies Act, 1960. The dispute arose when certain members of a cooperative housing society filed a revision petition before the Cooperative Court challenging the order of the Assistant Registrar of Cooperative Societies. The Assistant Registrar had passed an order directing the society to conduct fresh elections for the management committee due to irregularities in the electoral process. The Cooperative Court dismissed the revision petition, holding that the Assistant Registrar's order was valid and justified. The members aggrieved by the Cooperative Court's decision filed a Special Leave Petition before the Supreme Court. The Supreme Court, while considering the petition, reiterated the principles governing revisional jurisdiction and upheld the Cooperative Court's decision, thereby affirming the validity of the Assistant Registrar's order for fresh elections.

      3. Satyanarayana Hukumchand Chordia vs. Rajendra Babulal Jhaveri & Anr. (AIR 2007 SC 967):

        In this case, the Supreme Court of India addressed the issue of revisional jurisdiction under the Maharashtra Cooperative Societies Act, 1960. The dispute arose when the Maharashtra State Cooperative Appellate Court dismissed a revision petition filed by the appellant challenging the order of the Deputy Registrar of Cooperative Societies. The Deputy Registrar had passed an order directing the appellant to pay certain dues to the cooperative society. Aggrieved by the Appellate Court's decision, the appellant filed a Special Leave Petition before the Supreme Court. The Supreme Court, while considering the petition, examined the provisions of the Maharashtra Cooperative Societies Act and the principles governing revisional jurisdiction. The Court held that revisional jurisdiction should be exercised sparingly and only in cases involving manifest error, illegality, or jurisdictional issues. The Court found no such grounds to interfere with the Appellate Court's decision and dismissed the Special Leave Petition.

      These case laws illustrate the significance of revisional jurisdiction as a means of appellate review to correct errors, ensure fairness, and promote justice in cooperative matters. Revision provides a safeguard against miscarriage of justice and serves as a recourse for parties aggrieved by decisions of subordinate courts or authorities.

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