Difference between Appeal and Review

What is Appeal?

An appeal is filed when one of the parties to a court judgment is dissatisfied with the outcome and chooses to challenge the ruling. The parties file an appeal for the reversal or modification of the decision in a higher court of law, hoping to obtain relief from the judgment. Therefore, an appeal is a request for a remand for the same case made by the party that was wronged. An appeal is seen as a people’s right and a means of obtaining justice in the majority of legal systems when a party believes the court’s judgment has mistreated it. A higher court of law always prefers an appeal. An appeal may be filed again if the first one is denied. There is always a party involved who files an appeal....

What is Review?

A party who feels wronged can ask a court to reconsider its ruling or verdict by using the review process. Review is utilized when there is no appeal provision. Since a judge has the power to deny a request for review, review is not a legislative right of the people. The same court that rendered the first ruling is requested for review. There isn’t a second review mechanism in place. A court of law may conduct a review on its own. Judicial review is an essential procedure that permits a case to be re-examined by the same judge and in the same court as the first judgment or order under Section 114 of the Code of Civil Procedure (CPC). This substantive right is outlined in Order 47 of the code, together with the prerequisites and procedures for initiating a review. Under Section 114 of CPC, the court may examine its own decision and make any required adjustments....

Difference between Appeal and Review

Basis Appeal Review Meaning An appeal is filed when one of the parties to a court ruling is unhappy with the decision and wants to challenge the verdict. An aggrieved party may request a review in order to have a court of law reconsider its decision or ruling. The review process is used when there is no appeals process available. Legal Applicability Sections 96-105, CPC 1908. Section 114, CPC 1908. Order Under CPC Order 41 to 45 of CPC 1908. Order 47 of CPC 1908. Right Right to appeal is substantive right. Right to review is discretionary. Grounds Significant question of legal issue. Finding of new evidence. Matters Considered In appeal, both matter of facts and matter of laws are considered. In review, only matter of law are considered. Continuation of Proceedings Appeal is a continuation of original proceeding. Review is not a continuation of original proceeding. Court Appeal lies in the superior court. Review lies in the same court. Judge Appeal is referred to a different judge. Review is referred to the same judge. Nature of Proceedings Contested the accuracy of a court order. Summary, not for re-adjudication. Appealability Submitted to the High Court. Restricted reach, not as an alternative to appeal. Re-examination Second appeal is possible. Second review is not possible....

Conclusion

Judicial re-evaluation can be achieved through review and appeal. While an appeal focuses mostly on whether the judgment itself is valid, a review primarily addresses whether the ruling’s legal issues are accurate. In contrast to an appeal, which is filed with a higher court, a review is submitted there. While review is a court’s discretionary power, appeal is a statutory right of the individual....

Appeal and Review- FAQs

What is the suo-moto review?...