Tahmidur Remura Wahid logo 2025_Best Corporate law firm in Bangladesh

Contact No:

+8801708000660
+8801847220062
+8801708080817

Global Law Firm in Bangladesh.

Locations

Dhaka:  House 410, Road 29, Mohakhali DOHS
Dubai:
 Rolex Building, L-12 Sheikh Zayed Road
London:
330 High Holborn, London, WC1V 7QH

Civil and Criminal Revision

Civil and Criminal Revision in High Court Litigation in Bangladesh

Revisions in High Court litigation serve as a vital judicial mechanism to rectify errors, omissions, or miscarriages of justice in lower court proceedings. In Bangladesh, the High Court Division of the Supreme Court exercises revisionary jurisdiction to ensure legal compliance and fairness in civil and criminal matters. TRW Law Firm, a leader in litigation, is at the forefront of providing expert legal assistance in civil and criminal revision cases, ensuring justice and adherence to legal standards.

Understanding Revisions in High Court Litigation

A revision is a judicial review by the High Court Division of a subordinate court’s decision to address material irregularities, errors of law, or breaches of procedural fairness. Unlike appeals, revisions focus on jurisdictional and procedural issues rather than re-evaluating the merits of the case.

Key Features of Revisions

  1. Scope: Limited to correcting jurisdictional errors or procedural violations.
  2. Jurisdiction: Exclusive to the High Court Division under specific provisions.
  3. Objective: Preventing injustice due to errors or irregularities in lower court decisions.

Legal Framework for Revisions in Bangladesh

Civil Revisions

Civil revisions are governed by the Civil Procedure Code, 1908 (CPC). Key provisions include:

  • Section 115: Empowers the High Court to call for records of cases decided by subordinate courts if:
  • The subordinate court acted without jurisdiction.
  • There was a failure to exercise jurisdiction.
  • There was a material irregularity or illegality in the proceedings.
  • Order XLVII: Addresses review petitions for correcting errors apparent on the face of the record.

Criminal Revisions

Criminal revisions are governed by the Code of Criminal Procedure, 1898 (CrPC). Relevant provisions include:

  • Section 435: Allows the High Court to examine the record of any proceeding before a subordinate criminal court.
  • Section 439: Grants powers to the High Court to enhance, reduce, or modify sentences or quash proceedings.
  • Section 482: Empowers the High Court to pass orders to secure the ends of justice.

Difference Between Revision and Appeal

  • Appeal: Involves a full review of the merits of the case.
  • Revision: Limited to correcting jurisdictional or procedural errors.

Civil Revision in High Court Litigation

Grounds for Civil Revision

Common grounds for filing a civil revision include:

  • Jurisdictional Errors: The subordinate court exceeded or failed to exercise its jurisdiction.
  • Material Irregularities: Procedural violations affecting the fairness of the trial.
  • Errors of Law: Misinterpretation or misapplication of statutory provisions.

Common Types of Civil Cases in Revisions

  1. Property Disputes: Challenges to partition decrees, ownership claims, or tenancy orders.
  2. Contractual Disputes: Errors in interpreting or enforcing contracts.
  3. Family Law Matters: Custody, divorce, or maintenance cases involving procedural lapses.

Procedure for Filing Civil Revisions

  1. Application for Revision: The petitioner files an application under Section 115 of the CPC, outlining the grounds for revision.
  2. Submission of Records: Lower court records must be submitted to the High Court Division.
  3. Notice to Respondents: Opposing parties are notified and given an opportunity to respond.
  4. Hearing and Judgment: The High Court delivers its decision, which may confirm, modify, or reverse the lower court’s order.

Criminal Revision in High Court Litigation

Grounds for Criminal Revision

Common grounds for criminal revisions include:

  • Irregularities in Procedure: Breaches of fair trial principles or statutory requirements.
  • Jurisdictional Overreach: Cases where the trial court lacked jurisdiction.
  • Error in Sentencing: Sentences that are excessively harsh or lenient.

Common Types of Criminal Cases in Revisions

  1. Conviction Challenges: Errors in evidence evaluation leading to wrongful convictions.
  2. Acquittal Disputes: Claims that an acquittal was based on procedural lapses or misinterpretation of evidence.
  3. Sentence Modifications: Requests to enhance or reduce sentences.

Procedure for Filing Criminal Revisions

  1. Application for Revision: Filed under Sections 435 and 439 of the CrPC.
  2. Submission of Case Records: Lower court records are examined by the High Court.
  3. Hearing and Arguments: Both parties present their case before the court.
  4. Judgment: The High Court may modify, quash, or confirm the lower court’s decision.

Role of TRW Law Firm in Civil and Criminal Revisions

TRW Law Firm’s expertise in High Court litigation ensures that clients receive comprehensive and effective legal representation in revision cases.

Comprehensive Legal Services by TRW Law Firm

1. Case Evaluation and Advisory

The firm provides:

  • Expert analysis of the merits of filing a revision.
  • Strategic advice on identifying jurisdictional or procedural errors.
  • Risk assessment for potential outcomes.

2. Drafting and Filing Revision Applications

TRW Law Firm ensures:

  • Precise drafting of revision petitions, supported by legal and factual evidence.
  • Compliance with procedural requirements under the CPC and CrPC.
  • Articulation of strong legal arguments to highlight errors in lower court decisions.

3. Representation in High Court Proceedings

The firm’s experienced litigators:

  • Present compelling oral and written arguments.
  • Address objections raised by opposing parties.
  • Advocate for fair and just outcomes.

4. Post-Judgment Support

TRW Law Firm assists clients in:

  • Implementing High Court directives.
  • Advising on further legal actions, including appeals or retrials.
  • Resolving ancillary disputes arising from the revision judgment.

Case Studies of TRW Law Firm’s Success in Revisions

Case 1: Civil Revision in a Property Dispute

TRW Law Firm represented a client challenging a trial court’s decree in a property ownership case. The firm:

  • Identified procedural lapses in the trial court’s judgment.
  • Secured a favorable High Court order correcting the errors and restoring the client’s ownership rights.

Case 2: Criminal Revision in a Conviction Case

A wrongly convicted individual sought TRW Law Firm’s assistance in a criminal revision. The firm:

  • Highlighted inconsistencies in the trial court’s evidence evaluation.
  • Secured a High Court judgment quashing the conviction and acquitting the client.

Case 3: Sentence Revision

TRW Law Firm represented a client seeking reduction of an excessively harsh sentence. The firm:

  • Demonstrated mitigating factors that were overlooked by the trial court.
  • Obtained a High Court order reducing the sentence to a more proportionate level.

Challenges in Revision Cases

Despite TRW Law Firm’s expertise, certain challenges persist:

Limited Scope: Revisions focus solely on jurisdictional and procedural issues, limiting the High Court’s ability to review factual matters.
High Evidentiary Standards: Establishing material irregularities requires robust evidence.
Prolonged Proceedings: Delays in record submission or hearings can extend the timeline.

Importance of Legal Representation in Revision Cases

Engaging a competent law firm like TRW is essential for navigating revision cases. Key benefits include:

Expert Legal Advice: Understanding the nuances of revisionary jurisdiction and procedural requirements.
Strategic Advocacy: Crafting persuasive arguments to secure favorable outcomes.
Efficient Resolution: Minimizing delays through proactive case management.

Conclusion

Civil and criminal revisions in High Court litigation play a crucial role in ensuring justice and rectifying errors in lower court proceedings. TRW Law Firm’s expertise in handling revision cases ensures effective legal solutions, safeguarding clients’ rights and promoting fairness in the judicial process. With a proven track record and a client-focused approach, TRW Law Firm remains a trusted partner for navigating the complexities of revision litigation in Bangladesh.


Contact TRW Law Firm

Contact Numbers:
+8801708000660
+8801847220062
+8801708080817

Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Global Law Firm Locations:

  • Dhaka: House 410, Road 29, Mohakhali DOHS
  • Dubai: Rolex Building, L-12 Sheikh Zayed Road.

কিভাবে বাংলাদেশে কোম্পানি রেজিস্ট্রেশন করবেন ২০২৫ সালে?

কিভাবে বাংলাদেশে কোম্পানি রেজিস্ট্রেশন করবেন ? প্রতিটি গুরুত্বপূর্ণ ধাপ জেনে নিন: জটিল আইনি বিধি-বিধান এবং যথাযথ দলিলপত্র নির্ধারিত পদ্ধতিতে উপস্থাপনের কারণে বাংলাদেশে কোন কোম্পানি নিবন্ধিত করাটা কিছুটা কষ্টসাধ্য। কিন্তু এই জটিল প্রক্রিয়াকে সহজতর করার জন্য...

Arbitration Miscellaneous Cases

Arbitration Miscellaneous Cases in District Court Litigation in Bangladesh Arbitration has gained significant traction in Bangladesh as an alternative dispute resolution (ADR) mechanism, especially in commercial and contractual matters. However, arbitration-related...

Money Suit Cases in Bangladesh

Money Suit Cases in Bangladesh: A Comprehensive Guide Money suit cases are a critical part of civil litigation in Bangladesh, primarily aimed at recovering outstanding debts, enforcing financial obligations, and addressing contractual disputes. These cases are...

Loan Recovery Cases in Bangladesh

Loan Recovery Cases Loan recovery is a significant challenge in Bangladesh, especially for banks, non-banking financial institutions (NBFIs), and private lenders. While alternative dispute resolution mechanisms such as arbitration and mediation exist, litigation in...

Theft Law in Bangladesh

Theft is a criminal offense that is prevalent across societies, including Bangladesh. Governed by a robust legal framework, theft laws in Bangladesh are designed to protect property and ensure justice for victims. This article delves into the nuances of theft law in...

Real Estate Business in Bangladesh

How to Start a Real Estate Business in Bangladesh The real estate industry in Bangladesh has been one of the country's fastest-growing sectors, fueled by urbanization, population growth, and increasing demand for housing and commercial properties. Starting a real...

Criminal Petition Cases in District Court Litigation in Bangladesh

Criminal Petition Cases in District Court Litigation in Bangladesh Criminal petition cases form a significant part of district court litigation in Bangladesh, offering a mechanism for addressing procedural and substantive issues in criminal law. These petitions serve...

Criminal Bail in District Court Litigation

Criminal Bail in District Court Litigation in Bangladesh Bail is a fundamental legal right that protects an accused person’s liberty while ensuring their presence during trial proceedings. In Bangladesh, district courts play a pivotal role in granting or rejecting...

561A Quashment Proceedings in High Court in Bangladesh

561A Quashment Proceedings in High Court in Bangladesh Section 561A of the Code of Criminal Procedure, 1898 (CrPC) provides the High Court Division of the Supreme Court of Bangladesh with inherent powers to quash criminal proceedings. These powers are crucial for...

Anticipatory Bail in High Court Litigation in Bangladesh

Anticipatory Bail in High Court Litigation in Bangladesh Anticipatory bail is a critical legal remedy in Bangladesh, safeguarding individuals from arrest and detention in cases where apprehension of false or frivolous accusations exists. Under the jurisdiction of the...

Call us!

× WhatsApp!