What is section 114 of the Code of Civil Procedure 1908?
Asked by: Shanon Raynor PhD | Last update: April 4, 2026Score: 4.3/5 (28 votes)
Section 114 of India's Code of Civil Procedure (CPC) 1908 allows a party to apply to the same court for a review of its own judgment or order under specific conditions, primarily to correct errors, such as discovering new and important evidence, or an error apparent on the face of the record, but it's not a substitute for an appeal and is governed by the detailed rules in Order 47. The goal is to prevent miscarriages of justice by allowing the court to reconsider its decision on limited grounds, including any other sufficient reason.
What is Section 114 of the Code of Civil Procedure?
Section 114 – Review
by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
What is the scope of review under section 114 of the CPC?
In conclusion, Section 114 of the Code of Civil Procedure, 1908, provides for the power of the court to review its own judgment or order for the purpose of correcting any errors or mistakes that may have crept in, or to rectify any new and important matter or evidence which was not within the knowledge of the party ...
What is Section 144 of the CPC?
The doctrine of restitution under Section 144 of the Code of Civil Procedure, 1908 (CPC) is a crucial mechanism for ensuring fairness in civil litigation. Its central aim is to restore parties to the position they originally occupied before an erroneous decree or order was passed.
What is Section 114 of the evidence?
The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Review under CPC || Section 114 and Order 47 || Code of Civil Procedure
What is section 114?
Councils are required by law to have balanced budgets. If a council cannot find a way to finance its budget then a Section 114 Notice must be issued. The issuing of a Section 114 Notice restricts all new spending with the exception of protecting vulnerable people and statutory services and pre-existing commitments.
What is the burden of proof under this Act?
California Code, Evidence Code - EVID § 115
“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
What is the new law of Section 144?
Section 144 of the BNSS (which replaced Section 125 of the CrPC) focuses on providing maintenance to dependents, including wives, children, and parents, irrespective of their religious identity. The purpose of this section is to protect those unable to sustain themselves financially.
What are the conditions for restitution?
For the claimant to bring a claim for restitution, the defendant must have been unjustly enriched at the expense of the claimant. A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant.
What is the best judgement assessment section 144?
What is the best Judgement assessment 144? Under Section 144, best judgement assessment allows an assessing officer to use his best judgement against you if you fail to file income tax returns or fail to provide all the required information or withhold information.
Can a Court review its own order?
The Bench recorded: “The law relating to power of a criminal court to review or alter its own judgment or order is governed by Section 362 of CrPC. The provision explicitly provides that except for clerical and arithmetical error, no court shall alter or review its judgment.”
What is Section 113 114 and 115 of the CPC?
Reference (Section 113): Lower court refers a question of law to the High Court for opinion. Review (Section 114): Same court reconsiders its own decision under specified conditions. Revision (Section 115): High Court supervises subordinate courts to correct jurisdictional errors in cases where no appeal lies.
Who can file a review petition?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exception to the legal principle of stare decisis.
What are the grounds for revision under CPC?
3. Grounds for Exercise: Courts may exercise revisional jurisdiction if there has been a jurisdictional error, abuse of process, or if the subordinate court has exceeded its jurisdiction. The scope of revision is broader than that of review, as it allows the superior court to examine both questions of fact and law.
How does CPC affect Court cases?
The CPC deals with civil cases. It decides where cases are heard, what parties say, and how decisions are enforced. It also covers appeals, orders that happen during a case, and other rules and limits.
What is Section 114 Order 47 Rule 1 of the CPC?
Section 114 and Order 47, Rule 1 of CPC deal with the power of review of the courts.” It noted that the power of review is distinct from appellate jurisdiction and subject to strict limitations.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
What are the three types of restitution?
The three main types of restitution in criminal justice are Direct Restitution Orders (repaying victims for specific losses like medical bills or property damage), Restitution Fines (paid to the state as a debt to society), and Revocation Restitution Fines (additional fines applied if an offender violates parole or probation). Other forms can include community service or direct service to victims, though monetary restitution is most common.
How long does a person have to pay restitution?
You have to pay back restitution, but the timeframe varies: it can be months or years, often tied to your probation period, or even a lifetime debt; federal cases often have a 20-year collection period from judgment/release, plus incarceration time, but state laws differ, with some viewing it as a judgment with no statute of limitations. Payments depend on your ability to pay, starting as small amounts while supervised, but collection efforts can resume later, even after supervision ends, says the Department of Justice and the Colorado Judicial Branch.
What is the penalty for Section 144?
Description. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What are the remedies available against best judgement assessment?
Options available to an assessee after receiving best judgment assessment: Upon receiving best judgment assessment an assessee can file an appeal under Section 246A of the Act or can file a revision under Section 246 of the Act before the Income Tax Commissioner.
What is the 163 case law?
Description. When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.
What are the three burdens of proof?
The three main burdens (or standards) of proof in law are preponderance of the evidence (more likely than not, used in most civil cases), clear and convincing evidence (a higher standard for specific civil matters), and beyond a reasonable doubt (the highest standard, used in criminal cases). These standards dictate the amount and quality of evidence a party must present to prove their case, with criminal cases requiring the most convincing proof due to the potential loss of liberty.
What is the civil False Claims Act?
The False Claims Act of 1863 (FCA) is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the federal government.
How much evidence is needed in a civil case?
The Standard in Civil Cases: Preponderance of the Evidence
Unlike in criminal cases, you don't need to prove that the defendant is responsible for what happened “beyond a reasonable doubt.” To win your case, the evidence only needs to tip the scales just over 50% in your favor.