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Yogesh V Nayyar Law of Appeals Revision, Reference Review & Principles of Drafting & Pleadings

From Whitesmann Publishing Co.
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Author :Yogesh V Nayyar

Publisher :Whitesmann Publishing Co.

ISBN No :978-8119725137

SKU :WMP191

Edition :2025

Pages :1504

Format :Paperback

HSN No :49011010

Country Region :India

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Description

This comprehensive legal treatise offers a systematic and practical exposition of appellate and revisional jurisdiction along with the foundational principles of legal drafting and pleadings. It serves as a dual-purpose resource, ideal for students, advocates, and judicial aspirants seeking clarity on procedural remedies and courtroom drafting techniques under civil and criminal law.

Key highlights include:

  • Exhaustive analysis of appeals, revisions, references, and reviews under the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973

  • Discussion on first appeal, second appeal, appeals from orders, and appeals to the Supreme Court

  • Jurisdictional limits and supervisory powers under Sections 96 to 114 CPC, Section 115 CPC, and Sections 397 to 401 CrPC

  • Doctrinal understanding of res judicata, error apparent on the face of record, and substantial question of law

  • Principles of legal drafting and pleadings, including structure, language, and etiquette

  • Model drafts of pleadings: plaints, written statements, appeals, revisions, applications, affidavits, and notices

  • Practical guidance on court procedure, formatting, and statutory compliance

  • Important judicial precedents shaping procedural law in India

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Content

Part I: Law of Appeals (Civil & Criminal)

  1. Concept and Nature of Appeal

  2. Distinction Between Appeal, Review, and Revision

  3. Right to Appeal – Whether a Statutory Right

  4. First Appeal (Section 96 CPC)

  5. Second Appeal (Section 100 CPC)

  6. Appeals from Orders (Section 104 & Order XLIII CPC)

  7. Appeals in Special Cases (e.g., Indigent Persons, Compromise Decrees)

  8. Appeals to the Supreme Court (Articles 132–136 of Constitution)

  9. Appeals Under the CrPC (Sections 372–394)

    • Against Acquittal, Conviction, or Sentence

    • Appeal by State or Complainant


Part II: Revision

  1. Revision – Concept, Scope, and Object

  2. Distinction Between Appeal and Revision

  3. Revisional Powers of High Court (Section 115 CPC & Sections 397–401 CrPC)

  4. Jurisdictional Errors, Irregularities, and Grave Injustice

  5. Leading Case Law on Revisional Powers


Part III: Reference & Review

  1. Reference – Scope and Purpose (Sections 113 & 395 CPC/CrPC)

  2. Conditions for Making Reference by Subordinate Courts

  3. Review – Grounds and Procedure (Order XLVII CPC)

  4. Review Distinguished from Appeal and Revision

  5. Error Apparent on the Face of Record – Interpretation

  6. Curative Petitions and Constitutional Review Powers

  7. Supreme Court’s View on Abuse of Review Jurisdiction


Part IV: Principles of Drafting & Pleadings

  1. Meaning and Importance of Drafting in Legal Practice

  2. General Principles of Drafting

  3. Language, Precision, and Clarity in Legal Drafts

  4. Basic Rules of Pleadings (Order VI CPC)

  5. Plaints and Written Statements – Structure and Essentials

  6. Amendment of Pleadings – Order VI Rule 17 CPC

  7. Pleadings in Writs, Petitions, and Affidavits

  8. Drafting Notices, Legal Representations, and Applications

  9. Common Mistakes in Drafting and How to Avoid Them


Part V: Model Forms and Specimens

  1. Model Draft of a Civil Appeal

  2. Model Draft of a Criminal Revision Petition

  3. Specimen Plaint, Written Statement, Affidavit

  4. Specimen of Application for Review, Caveat, and Injunction

  5. Sample Formats for Legal Notices and Representation Letters

  6. Drafting for Public Interest Litigation (PIL)

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Yogesh V Nayyar Law of Appeals Revision, Reference Review & Principles of Drafting & Pleadings

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