Distinguish between the following: Appeal and Review.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2021
Distinguish between the following: Appeal and Review.
Answer & Explanation:
An appeal is a statutory right. An appeal is a plea for the matter to be judged again. An appeal is a resort to a higher court, or to a court to review the decision of a lower court, or to a court to review the order of an administrative agency. The decision of the lower court as well as the administrative agency can stay the same or the Higher Court can change it. A review is not a statutory right of the people and is at the discretion of the Court, which can reject the request. A review is applied for at the same Court where the original decision was made and is a request to reconsider the legality of the ruling. A review is based on procedural irregularity, impropriety, irrationality and illegality. Appeal is a statutory right of the individual whereas review is a discretionary right of the court. An appeal is a request to change or modify the decision or verdict whereas review is a request to look into the legality of the ruling.
Topics: Civil Procedure
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