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.
I’ve put so much effort writing this blog post to provide value to you. It’ll be very helpful for me, if you consider sharing it on social media or with your friends/family. SHARING IS ♥️
The post offers an insightful comparison between reference and review, and it is written in a way that provides clarity on the nuances of legal proceedings.
A valuable article providing an in-depth understanding of these legal processes through accurate and reliable information.
These meticulous descriptions and comparisons are highly valuable for those who need to understand these procedures for legal purposes.
The article offers comprehensive and analytical insights into the essential distinctions between reference and review, making it a valuable read for anyone interested in understanding the legal process.
The informative and well-structured content of the article provides an excellent foundation for comprehending the differences between reference and review in the legal system.
The detailed arguments and thorough explanations make this post an excellent resource for anyone seeking to understand these procedures.
The post offers a sanguine explanation that makes the nuances of the subject more approachable to a wider audience, providing an excellent foundation to start understanding these legal concepts.
I appreciate how the information in this post is presented in a way that is easy for the general reader to comprehend.
The article is an interesting resource, complete and accurate. It offers a wealth of information to understand this specific legal field.
This post will undoubtedly help clear up any confusion regarding these legal processes.
I agree with you that it is educational and provides clear differentiation between the two judicial procedures.
The distinction between reference and review is clearly delineated in the content, the clarity and nuances provide extensive insights into the differences of the two judicial procedures.
This post presents its arguments in an informative and enlightening manner, clearly demonstrating expertise in the field of law.
The article is not only informative, but it is excellently put together with clarity and depth.
Very detailed and thorough explanations regarding reference and review. A comprehensive guide for those seeking information in this area of legal practice.
I am glad such accurate information is widely available for people to access.
The details provided make the complexities of law accessible to the average person, ensuring a broader understanding of these legal concepts.
The explanations of reference and review are very well done, making this post highly beneficial for anyone who wants to understand the procedural differences in the court.
This post is a great source of information, I have gained a better understanding of these procedures after reading through it.
The clear differentiation and insightful information provided in this post make it an important resource for anyone needing to understand reference and review in legal proceedings.
This post offers an educational resource with clear and logical explanations for better understanding the complexities of reference and review.
The logical, coherent, and comprehensive explanations in this post provide a valuable resource for anyone looking to understand these legal procedures.
The article is remarkably well-crafted, providing an in-depth analysis that could be availed as a valuable resource for students and professionals.
The meticulous description of the procedures and the comparisons are very useful for anyone wanting to understand this topic.
The article is informative, and its thorough explanations make it a valuable resource for those interested in gaining a deep understanding of these legal processes.
The high complement of knowledge and the logical flow of arguments make this post an excellent educational reference.
This post provides an astute articulation of the differences between reference and review, allowing anyone to grasp the complexities of these legal procedures.