A to Z of WRITS REVISIONS & APPEALS (civil & criminal)

Description

Here is an A to Z style comprehensive guide on Writs, Revisions, and Appeals (Civil & Criminal) in India – ideal for students, practitioners, and researchers.

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🅰️ to 🆉: Writs, Revisions & Appeals

(Civil and Criminal Law in India)

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🅰️ – Appeals

➤ Definition:

A judicial examination by a higher court of the decision of a lower court.

➤ Civil Appeals (under CPC):

Section 96: First appeal (on facts and law).

Section 100: Second appeal (on substantial question of law).

Section 104, Order XLIII: Appeals from certain orders.

Article 133 & 136 Constitution: Appeal to Supreme Court.

➤ Criminal Appeals (under CrPC):

Section 372-394: Right of appeal in cases of conviction/acquittal.

Section 378: Appeal against acquittal.

Section 377: Appeal by the State for enhancement of sentence.

Section 366: Death sentence – automatic reference to High Court.

 

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🅱️ – Binding Precedents in Appeals

Higher court rulings are binding on lower courts; appellate courts interpret legal principles, laying down binding law.

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🅲 – Certiorari (Writ)

Issued to quash orders of lower courts/tribunals exceeding jurisdiction or acting illegally.

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🅳 – Delay in Filing Appeals

Delay must be explained satisfactorily. Section 5 of Limitation Act allows condonation of delay with sufficient cause.

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🅴 – Execution of Decrees Pending Appeal

Execution may be stayed by appellate court (Order 41 Rule 5 CPC), subject to conditions.

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🅵 – First Appeal (Civil)

Under Section 96 CPC, lies on both facts and law; right of appeal is a substantive right.

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🅶 – Grounds for Appeal

Error in law

Misreading of evidence

Procedural irregularities

Unjust conclusion

 

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🅷 – Habeas Corpus (Writ)

“Produce the body”; issued to release a person detained unlawfully.

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🅸 – Interlocutory Orders

Usually not appealable; however, criminal revision under Section 397(2) CrPC is barred against interlocutory orders.

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🅹 – Judgment Reserved

Time-bound pronouncement required after hearing (as per recent procedural reforms and SC directions).

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🅺 – Knowledge of Right to Appeal

Delay due to lack of knowledge can be condoned if proven (sufficient cause).

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🅻 – Locus Standi in Writs

Person must show personal or public interest (especially in PILs).

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🅼 – Mandamus (Writ)

Issued to public authorities to perform a duty.

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🅽 – No Appeal Provision

In such cases, revision, writ, or review may be available remedies.

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🅾️ – Order XLIII CPC

Lists orders from which appeal lies (e.g., rejection of application for temporary injunction).

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🅿️ – Prohibition (Writ)

Issued to prevent a lower court or authority from continuing proceedings without jurisdiction.

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🆀 – Quo Warranto (Writ)

Challenging the authority of a person holding public office.

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🆁 – Revision

➤ Civil Revisions (Section 115 CPC):

Where no appeal lies, High Court may correct jurisdictional errors of subordinate courts.

➤ Criminal Revisions (Section 397-401 CrPC):

High Court/Session Judge may call for record and revise legality or propriety of orders.

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🆂 – Second Appeal (Civil)

Section 100 CPC – lies only on substantial questions of law.

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🆃 – Transfer of Cases

High Courts can transfer appeals, revisions, or cases under Section 24 CPC or Sections 406, 407 CrPC.

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🆄 – Urgent Relief via Writs

Writ petitions offer urgent constitutional remedies, especially in cases of illegal detention or administrative abuse.

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🆅 – Victim’s Right to Appeal

Under Proviso to Section 372 CrPC, a victim can appeal against acquittal, inadequate sentence, or discharge.

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🆆 – Writ Jurisdiction

Article 32: Fundamental rights enforcement in SC.

Article 226: High Courts’ broader writ jurisdiction (legal rights + fundamental rights).

 

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🆇 – Ex-Parte Appeals

Party aggrieved by ex-parte orders can seek setting aside (Order IX Rule 13 CPC or appeal under Section 96(2)).

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🆈 – Yielding of Writ Jurisdiction

In cases of alternate effective remedy, courts may deny writ but exceptions exist (e.g., violation of natural justice).

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🆉 – Zero Error Principle in Appeals

Appellate courts aim to correct legal and factual errors while ensuring justice.

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✅ Quick Reference Chart

Remedy Civil Law Criminal Law

Appeal S. 96–100 CPC, Art. 133 Const. S. 372–394 CrPC, Art. 136 Const.
Revision S. 115 CPC S. 397–401 CrPC
Writs Art. 226 (HC) Art. 32 (SC), 226