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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In legal terminology, revision refers to the process of reviewing and re-examining a judicial decision or order by a higher judicial authority to ensure that it is in accordance with the law, precedents, and principles of justice. Revision allows for the correction of errors, rectification of injustices, and clarification of legal issues that may have arisen during the course of proceedings. The power of revision is typically vested in superior courts or appellate authorities to exercise supervisory jurisdiction over subordinate courts or tribunals. Here's a discussion of revision with the help of three decided case laws:
"State of Maharashtra v. Bhaurao Punjabrao Gawande, 1960":
In this landmark case, the Supreme Court of India elucidated the scope and purpose of revisional jurisdiction under Section 435 of the Code of Criminal Procedure, 1898. The court held that revision allows the superior court to examine the legality, correctness, and propriety of an order passed by a subordinate court, particularly in cases where there has been a miscarriage of justice, violation of legal principles, or manifest error on the face of the record. The court emphasized that the power of revision should be exercised sparingly and cautiously to prevent abuse, but it is essential for maintaining the rule of law and ensuring the fair administration of justice.
"Krishna Ram Mahato v. State of Bihar & Ors., 2009":
In this case, the Patna High Court considered a revision petition challenging an order passed by a lower court in a land dispute matter. The court held that revisional jurisdiction enables the high court to intervene and correct errors of law, procedure, or jurisdiction committed by subordinate courts or tribunals. However, the court reiterated that revision should not be used as a substitute for appeal and should only be invoked in exceptional circumstances where there is a clear miscarriage of justice or violation of legal rights. The case underscored the importance of exercising revisional jurisdiction judiciously and in accordance with established legal principles.
"Mangilal v. State of Rajasthan, 2015":
In this case, the Rajasthan High Court examined a revision petition challenging the conviction and sentence imposed by a trial court in a criminal case. The court reiterated that the purpose of revision is to correct errors of law, procedure, or jurisdiction apparent on the face of the record, and not to re-appreciate evidence or reassess factual findings. The court emphasized that revisional jurisdiction is discretionary and should be exercised judiciously to prevent miscarriage of justice and uphold the rule of law. The case highlighted the limitations of revisional jurisdiction and the need for courts to maintain fidelity to legal principles while exercising such powers.
These case laws demonstrate the significance of revisional jurisdiction in ensuring the fairness, legality, and correctness of judicial decisions. Revision allows higher judicial authorities to intervene when necessary to rectify errors, uphold legal principles, and safeguard the rights of litigants, thereby promoting the administration of justice in accordance with the rule of law.