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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Concept and Nature of Appeal
Distinction Between Appeal, Review, and Revision
Right to Appeal – Whether a Statutory Right
First Appeal (Section 96 CPC)
Second Appeal (Section 100 CPC)
Appeals from Orders (Section 104 & Order XLIII CPC)
Appeals in Special Cases (e.g., Indigent Persons, Compromise Decrees)
Appeals to the Supreme Court (Articles 132–136 of Constitution)
Appeals Under the CrPC (Sections 372–394)
Against Acquittal, Conviction, or Sentence
Appeal by State or Complainant
Revision – Concept, Scope, and Object
Distinction Between Appeal and Revision
Revisional Powers of High Court (Section 115 CPC & Sections 397–401 CrPC)
Jurisdictional Errors, Irregularities, and Grave Injustice
Leading Case Law on Revisional Powers
Reference – Scope and Purpose (Sections 113 & 395 CPC/CrPC)
Conditions for Making Reference by Subordinate Courts
Review – Grounds and Procedure (Order XLVII CPC)
Review Distinguished from Appeal and Revision
Error Apparent on the Face of Record – Interpretation
Curative Petitions and Constitutional Review Powers
Supreme Court’s View on Abuse of Review Jurisdiction
Meaning and Importance of Drafting in Legal Practice
General Principles of Drafting
Language, Precision, and Clarity in Legal Drafts
Basic Rules of Pleadings (Order VI CPC)
Plaints and Written Statements – Structure and Essentials
Amendment of Pleadings – Order VI Rule 17 CPC
Pleadings in Writs, Petitions, and Affidavits
Drafting Notices, Legal Representations, and Applications
Common Mistakes in Drafting and How to Avoid Them
Model Draft of a Civil Appeal
Model Draft of a Criminal Revision Petition
Specimen Plaint, Written Statement, Affidavit
Specimen of Application for Review, Caveat, and Injunction
Sample Formats for Legal Notices and Representation Letters
Drafting for Public Interest Litigation (PIL)
Yogesh V Nayyar Law of Appeals Revision, Reference Review & Principles of Drafting & Pleadings |
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