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This system is designed to serve people with equal justice. For this reason, it is intended to rectify any human error, and the triumph of truth always reflects through judgment.
Reference and review are two judicial procedures that bring fairness to the justice system. Implementing these two civil procedures allows every case to be treated fairly.
The procedure for reference and review is entirely different, and the implementation of these procedures depends on various circumstances.
Key Takeaways
- A reference is a source of information or a citation that provides evidence or support for a statement, argument, or idea. At the same time, a review is an evaluation or critique of a work or product, offering opinions and insights on its quality, effectiveness, or value.
- References are used to substantiate claims and provide an argument or work credibility. In contrast, reviews provide potential consumers or readers with an assessment of the work’s quality or value.
- Both references and reviews serve essential roles in different contexts: references are crucial for academic writing, research, and building trust in a work, while reviews inform potential consumers or readers about the quality and value of a work or product.
Reference vs. Review
The difference between Reference and Review is that the reference is a judicial procedure by which the subordinate court seeks clarification from the high court when the validity question ascends on the provision of any act. In contrast, the aggrieved party seeks to reexamine the case through the review petition.
Comparison Table
| Parameter of Comparison | Reference | Review |
|---|---|---|
| Who can apply | Only a Subordinate court can use for the connection. | The aggrieved party affected by the decree can apply for the case review. |
| Where to be proceed | To the high court. | To the same court where the decree has been passed. |
| Grounds | When the validity question ascends on the provision of any act, ordinance, or regulation. | We are finding new evidence or any other satisfactory reason for error on the face of the record. |
| Provision | The provision for reference is section 113 and order 46 of the civil procedure code. | The provision for review is section 114 and order 47 of the civil procedure code. |
| When to be made | Reference is to be made during the case pendency. | After the judgment or decree has been passed. |
What is Reference?
Reference is a legal procedure in which the subordinate court asks clarification from the High court involving a question of law.
For this reason, a unified resolution is not possible for every case. In a few court cases, some legal question arises that requires further clarification from the high court.
The objectivity of the reference is to get clarification from the high court before passing out any judgment on the court case. It helps the court avoid errors in judgment.
However, the subordinate court con not refers every case to the high court. The patient must fulfill some requirements before it goes for reference.
Only the civil judicature can refer to a case. It can be done on the appeal of a party, or the court can also do this under the “suo motu” process. However, a persona designate or a tribunal does not hold the right of reference.
What is Review?
The review is a judicial process by which the court re-examines the case. It is done in the same court, where the same judge re-evaluates new evidence and legal errors.
According to the law, justice should be above all. Therefore, the court always tries to prevent misjudgments. The review is a process that allows the re-correction of human error so that an innocent person shouldn’t become a victim.
The review process can only be made after passing the judgment or decree. After receiving the copy of the decision, the aggrieved party can appeal for the review process with sufficient reasons.
To begin the review process, the attorney must use the provision of Section 114 and Order 47 of the Civil Procedure Code.
Main Differences Between Reference and Review
- The request for reference can only be made under the provision of section 113 and order 46. But, the demand for review can be made under section 114 and order 47.
- The proceeding for the reference can start during the case pendency. According to the law, it must be done before passing any judgment or decree.
- https://www.legalaid.wa.gov.au/find-legal-answers/crime/going-court-criminal-charge/references-court#:~:text=A%20character%20reference%20written%20by,deciding%20what%20penalty%20to%20give.
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2169967#:~:text=Any%20party%20aggrieved%20by%20an,grounds%20for%20review%20are%20limited.
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