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DIFFRENCE BETWEEN REFERENCE AND REVISION

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Characteristics

 

Reference

Revision

Purpose 

To determine validity of Act, Ordinance, Regulation, or provision

To examine correctness, legality, propriety of finding, sentence, order, or proceeding

Stage 

Only in pending cases

Both pending and decided cases

Court

Only to High Court

To High Court or Sessions Court

Initiation

From inferior court

Suo motu or upon information by High Court

Discretion 

No discretion, must pass an order

Wide discretionary powers, to be exercised in interest of justice

Findings 

No interference with findings of fact

May accept or interfere with findings of fact in exceptional cases

 

In summary, Reference is made to the High Court in pending cases to determine the validity of a legal provision, while Revision is a wider power exercised by the High Court or Sessions Court to examine the correctness and legality of findings, sentences, orders, or proceedings in both pending and decided cases.

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