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Test: Difference Between Review and Revision - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Difference Between Review and Revision

Test: Difference Between Review and Revision for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Difference Between Review and Revision questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Difference Between Review and Revision MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Difference Between Review and Revision below.
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Test: Difference Between Review and Revision - Question 1

What is the primary course of action available to a party discontent with a court decree?

Detailed Solution for Test: Difference Between Review and Revision - Question 1
When a party is dissatisfied with a court decree, the primary recourse available is to appeal to a higher judicial authority. This process involves presenting the case to a higher court for a comprehensive re-examination of the dispute, aiming for redress. Appeals provide a mechanism for parties to seek review and potential reversal of decisions made in lower courts, ensuring fairness and justice in the legal system.
Test: Difference Between Review and Revision - Question 2

In what circumstances would seeking a fresh legal proceeding be deemed unnecessary?

Detailed Solution for Test: Difference Between Review and Revision - Question 2
Exceptions exist where pursuing a fresh legal proceeding is considered unnecessary, particularly in situations involving technical or procedural errors in the case. In such instances, instead of initiating a new legal process, parties may opt to address these specific errors through appeals or other legal mechanisms within the existing case framework. This helps streamline the legal process and prevents unnecessary duplication of proceedings.
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Test: Difference Between Review and Revision - Question 3

What does an appeal to a higher judicial authority typically involve?

Detailed Solution for Test: Difference Between Review and Revision - Question 3
An appeal to a higher judicial authority typically entails a comprehensive re-examination of the dispute by the higher court. This process involves a thorough review of the case, including legal arguments, evidence presented, and the decision rendered by the lower court. The higher court assesses whether the lower court applied the law correctly and fairly, ensuring that justice is served through a meticulous reconsideration of the case.
Test: Difference Between Review and Revision - Question 4
What is the primary purpose of the concept of Review as discussed in the Code of Civil Procedure, 1908?
Detailed Solution for Test: Difference Between Review and Revision - Question 4
The primary purpose of the concept of Review, as outlined in the Code of Civil Procedure, 1908, is to allow a court to reconsider its own decision. This provision is typically invoked in cases where there is an apparent error that needs correction, such as overlooking crucial evidence in a judgment.
Test: Difference Between Review and Revision - Question 5
In what scenario would Revision under the Code of Civil Procedure, 1908, be typically invoked?
Detailed Solution for Test: Difference Between Review and Revision - Question 5
Revision under the Code of Civil Procedure, 1908, is typically invoked to rectify decisions based on jurisdictional errors or instances of manifest injustice. This process allows a higher court to examine decisions that result in manifest injustice or are based on jurisdictional errors, providing a mechanism to correct such issues.
Test: Difference Between Review and Revision - Question 6
When might a party seek Review under the Code of Civil Procedure, 1908?
Detailed Solution for Test: Difference Between Review and Revision - Question 6
A party might seek Review under the Code of Civil Procedure, 1908, when there is an oversight in the judgment due to crucial evidence. By invoking the Review process, parties can request the court to reconsider its decision and correct any errors or oversights that may have occurred during the initial judgment.
Test: Difference Between Review and Revision - Question 7
Why is it important to have provisions for revision in the legal system?
Detailed Solution for Test: Difference Between Review and Revision - Question 7
Provisions for revision in the legal system are crucial because they promote fairness and facilitate the correction of errors within the existing legal framework. These provisions ensure that legal errors can be rectified without the necessity of initiating entirely new legal actions. By providing avenues for correcting mistakes, the legal system upholds principles of justice and accountability, ultimately enhancing the overall integrity of legal processes.
Test: Difference Between Review and Revision - Question 8
What role do review and revision play in maintaining the integrity of legal decisions?
Detailed Solution for Test: Difference Between Review and Revision - Question 8
Review and revision play a critical role in maintaining the integrity of legal decisions by ensuring that errors can be rectified without the need for entirely new legal actions. These processes provide mechanisms for addressing mistakes and injustices within the existing legal framework, promoting transparency and accountability in legal proceedings. By allowing for the correction of errors, review and revision contribute to upholding the principles of justice and fairness within the legal system.
Test: Difference Between Review and Revision - Question 9
What is the primary purpose of judicial review as outlined in Section 114 of the Code of Civil Procedure, 1908?
Detailed Solution for Test: Difference Between Review and Revision - Question 9
Judicial review, as defined in Section 114 of the Code of Civil Procedure (CPC), allows a case to be reexamined by the same court and judge who issued the original decision. This process serves as a significant avenue for parties to contest a decision within the same court, providing an opportunity for reconsideration and rectification of any errors present in the initial judgment.
Test: Difference Between Review and Revision - Question 10
What does the review application offer parties involved in a legal case after a judgment is pronounced?
Detailed Solution for Test: Difference Between Review and Revision - Question 10
The review application allows parties to contest the decision within the same court after a judgment is pronounced. It provides a formal process for reconsideration and reevaluation of the decision, offering a mechanism for addressing any perceived errors or injustices in the original judgment.
Test: Difference Between Review and Revision - Question 11
What authority does Section 114 of the Code of Civil Procedure grant to the court concerning its judgments?
Detailed Solution for Test: Difference Between Review and Revision - Question 11
Section 114 of the Code of Civil Procedure empowers the court to revisit its judgments for correction and reconsideration. This provision allows the court to rectify any errors or inaccuracies present in its decisions, ensuring that justice is served and legal outcomes are fair and accurate.
Test: Difference Between Review and Revision - Question 12
What is the primary purpose of Section 115 of the Code of Civil Procedure, 1908?
Detailed Solution for Test: Difference Between Review and Revision - Question 12
Section 115 of the Code of Civil Procedure, 1908, empowers the High Court to conduct a thorough review and re-examination of matters to ensure accuracy and correctness. This provision serves as a crucial mechanism to prevent arbitrary, illegal, or irregular actions by lower courts, ultimately contributing to upholding justice and legal integrity.
Test: Difference Between Review and Revision - Question 13
What does the scope of revisional authority under Section 115 entail?
Detailed Solution for Test: Difference Between Review and Revision - Question 13
The scope of revisional authority under Section 115 enables the High Court to rectify jurisdictional errors committed by lower courts. Additionally, parties can seek redress for non-appealable orders through the process of revision. Notably, the High Court retains the autonomy to initiate revision proceedings independently, even in the absence of a formal application. This broad scope underscores the significance of ensuring legal correctness and fairness in the judicial system.
Test: Difference Between Review and Revision - Question 14
What fundamental goal does Section 115 of the Code of Civil Procedure, 1908, aim to achieve?
Detailed Solution for Test: Difference Between Review and Revision - Question 14
The primary objective of Section 115 is to prevent arbitrary, illegal, or irregular actions by lower courts. By granting the High Court the power of revision, this provision safeguards the legal framework by ensuring that lower courts operate within the boundaries of the law. Through this mechanism, the High Court plays a pivotal role in upholding justice and legal propriety within the judicial system.
Test: Difference Between Review and Revision - Question 15
What distinguishes the concept of revision under Section 115 from regular appellate procedures?
Detailed Solution for Test: Difference Between Review and Revision - Question 15
One key distinction between revision under Section 115 and regular appellate procedures lies in their nature of discretion. While revision is discretionary, meaning the High Court has the choice to entertain a revision petition, appellate procedures typically follow a more mandatory course where parties have the right to appeal a lower court's decision. This discretionary aspect of revision grants the High Court the authority to selectively review and re-examine matters based on legal considerations and the need for judicial intervention.
Test: Difference Between Review and Revision - Question 16
What is the primary purpose of Section 115 of the CPC 1908 regarding the High Court's role?
Detailed Solution for Test: Difference Between Review and Revision - Question 16
Section 115 of the CPC 1908 empowers the High Court to maintain justice by rectifying jurisdictional errors made by subordinate courts. This provision ensures the proper administration of justice, preventing arbitrary actions and aligning legal proceedings with the law. It plays a crucial role in upholding fairness and integrity in legal processes by correcting jurisdictional errors.
Test: Difference Between Review and Revision - Question 17
What distinguishes the initiation process between a review and a revision in court cases?
Detailed Solution for Test: Difference Between Review and Revision - Question 17
In court cases, the initiation process differs between review and revision. Review is typically initiated by a party involved in the case, focusing on re-examining the original court's judgment for errors or new evidence. On the other hand, revision can be initiated by the High Court itself or an aggrieved party, addressing matters of illegality, irregularity, or impropriety in subordinate court proceedings.
Test: Difference Between Review and Revision - Question 18
What is the prescribed time frame for filing a revision application after a judgment or decree?
Detailed Solution for Test: Difference Between Review and Revision - Question 18
When it comes to filing a revision application after a judgment or decree, it is crucial to adhere to the specified time frame. As per the guidelines, a revision application must be filed within 90 days from the date of the judgment or decree in question. This timeline is essential for ensuring timely review and consideration by the appropriate judicial authorities.
Test: Difference Between Review and Revision - Question 19
What is a primary characteristic of the review process in contrast to revision within the legal system?
Detailed Solution for Test: Difference Between Review and Revision - Question 19
When considering the distinctions between review and revision, it is crucial to note that the review process primarily involves re-examining the original decree passed by the same court and judge. This re-examination aims to ensure that the decision was made correctly based on the existing evidence and legal principles.
Test: Difference Between Review and Revision - Question 20
What distinguishes the roles of the High Court in the processes of review and revision within the legal system?
Detailed Solution for Test: Difference Between Review and Revision - Question 20
The key role of the High Court in both review and revision processes is to provide a fresh and external outlook on the case. By offering a different perspective compared to the original court, the High Court contributes to a more thorough and balanced consideration of the legal matter, which can influence the final outcome significantly.
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