The power of appeal in cassation is exercised by the court higher than the court that decided the case, so that only the High Court has this power and no appeal can be lodged against an order made in the exercise of its jurisdiction in cassation. In appeals, the courts have the power to intervene in any way, but in appeals, the influence of intervention is limited. “It appears that the single judge has equated appellate powers with review powers and that the fundamental difference between an appeal and a review has been neglected. It is trivial in law to say that appellate jurisdiction coincides with the original court`s jurisdiction to evaluate and evaluate evidence and to obtain findings of fact, and that the Court of Appeal is free to make its own decision on the basis of evidence that is not hindered by a finding of the trial court. Appellate powers, on the other hand, fall within the supervisory jurisdiction of a higher court. In exercising his powers of appeal in cassation, the judge must confine himself to the legality and accuracy of the conclusions and to the question whether the lower court has remained within the limits of its jurisdiction, including whether the court has not exercised the jurisdiction conferred on it. While the difference between the two jurisdictions is subtle, it is very real and is now well recognized in the legal provinces. The meaning of the word examination in the dictionary is an act of carefully examining or examining the quality or condition of something or someone: investigation or inspection. According to Black`s Dictionary, an examination is “to examine the judiciary. A review; second view or examination; Revision; Taken into account for correction purposes. Can I ask the Court of Appeal to review the verdict? Please advise you on what to do now? What to do in this situation? The main law revising the Statutes of Saint Lucia is the Revised Statutes, Cap. 1.07 (the Act), which came into force on 1 May 2004. The Act provides for the revision and consolidation of statutes and the publication of statutes in various forms, including bound books; a collection of brochures; loose-leaf booklets; CD-ROM or other electronic storage media; a database accessible from a remote computer and revised brochures.
While the terms “appeal” and “review” appear to be similar legal terms, there are some subtle differences between them. The distinction between an appeal and a review is real. For an appeal to be allowed, the party must appeal, but in the case of an appeal, there is no need to appeal. In the law of the Republic of Ireland, the Law Reform Commission (LRC) is involved in various types of legislative revisions: consolidation of scattered laws, repeal of dead laws, and “reformulation” (publication of revised and updated versions) of amended laws. With respect to codification and repeal, the CRA only makes recommendations which are implemented by an Act of the Oireachtas (Parliament). Although they look similar, they have some differences; They represent two different types of applications that a person can choose after an unsuccessful hearing. The Law Commission stated that the revision of the Act initially referred to the repeal of enacted laws that had become ineffective in facilitating the preparation of a revised edition of laws. They stated that they intended to take a more vigorous approach by also repealing regulations that no longer serve an essential purpose and that they hoped this would also facilitate consolidation. [5] In an appeal procedure, there is only one procedure, namely the hearing of the case. However, two methods are included in the revision, provisional and final.
“. An appeal is the continuation of a complaint or a proceeding in which the whole procedure is again left to the appellate authorities, which are empowered to consider all evidence, subject, of course, to prescribed legal restrictions. But in the event of review, regardless of the powers of the appellate authority, it does not have the power to reassess and re-evaluate the evidence, unless the law expressly confers that power. This limitation is implicit in the concept of revision. Both the terms appeal and review serve to provide the parties with a better opportunity to obtain justice. Both have their own applications and procedures. The difference in the court`s procedure is also present, although the conditions appear similar; They are used to designate various processes before the courts. An appeal is where the case is heard again due to the dissatisfaction of a particular party, while a review by a high court is carried out to ensure that the legal steps have been followed to reach a decision. An appeal and review can help make corrections to a previous hearing. The powers given to victims of crime, the powers of appeal and appeal, are extremely relevant and important for the courts to administer fair justice.
It has been established that every individual has the right to life and personal liberty under Article 21 of the Constitution of India. This therefore requires a fair trial and, since a particular judgement or judge may be fallible, the verdict may be wrong, inadequate or even unjust, provisions for a retrial and appeal have been included in the Code of Criminal Procedure in such a situation to ensure fair trials and justice for victims of crime.