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RESEARCH PROPOSAL

TOPIC :- POWER OF REVISION OF


SUPREME COURT AND HIGH COURT
(SUBMITTED ROUGH DRAFT IN THE
PARTIAL
FULFILLMENT OF THE
SUBJECT LEGAL ENGLISH AND
COMMUNICATION SKILLS)

SUBMITTED TO:BY:Dr. PRATYUSH KAUSHIK


HIMANSHU AGGARWAL

SUBMITTED
NAME:
ROLL NO:-

1410
COURSE:BBA-LLB

INTRODUCTION- As the code says that there is no right to appeal in


every case and it is confined to such cases as are specifically
provided by the law. Even in such specified cases the code allows
only one appeal and a review of the decision of the appellant court is
not normally permissible by way of further appeal to yet another
higher court. In order to avoid the possibility of any miscarriage of
justice in cases where no right of appeal is available the code has
devised another review procedure, namely REVISION. Section 397 to
405 of Criminal Procedure Code deals with the powers of revision
conferred on the higher courts and the procedure to regulate these
powers. The powers of revision conferred upon the higher courts are
very wide and are purely discretionary in nature. Therefore no party
has right t heard before any court exercising such powers.
The basic object behind the code in section 401 is to empower the
high court to exercise the powers of an appellant court to prevent
failure of justice in cases where the code does not provide for
appeal. The power however is to be exercised only in exceptional
cases where there has been a miscarriage of justice owing to: - a
defect in the procedure or a manifest error on the point of law,
excess of jurisdiction, abuse of power, where decision upon which
the trial court relied has since been reversed or overruled when the
revision appeal is being heard. In exercising the power of revision,
which is discretionary, the court should always bear in mind the
limitation that grab of exercising its power of revision; it cannot ion
effect exercise the power of appeal in the face of statutory
prohibitions.

OBJECTIVES: To understand the ground reality of the doctrine of revision in


courts and its implications in hierarchy of courts.

To review the history


To understand the Judicial interpretation of the revision function
of high court and supreme court
To search for relevant cases
To study cases under the revision function
RESEARCH METHODOLOGY: DOCTRINAL METHOD: In this project, the researcher has relied on the
Doctrinal Method, which is primarily based upon books, news, articles etc. A
comprehensive study is made in order to arrive at analytical & critical support of
the arguments. The segments are structured and written actively. The writing
style is descriptive as well as analytical. This project has been done after a
thorough research based upon intrinsic and extrinsic aspect of the assigned topic
CHAPTERISATION:1. INTRODUCTION
2. HISTORICAL ASPECT
3. WHAT IS REVISION
4. CONSTITUTIONAL VALIDITY OF SECTIONS
5. RELEVENT CASE LAWS
6. CASE STUDY
7. CONCLUSION AND SUGGESTION

BIBLIOGRAPHY