What happens if a judge makes a mistake

The bench comprising J. Deepak Gupta and J. Therefore, to make sure that the claimant of the case may not experience any damage and the community is not brought into danger because of some form of error or misunderstanding by the judges concerned, the statute provides for the provisions of appeal and review under which the cases involved may be reheard by the higher court to offer any practicable relief to individual aggrieved by the adjudication of the court.

In the Code of Criminal Procedure, the provisions relating to appeal are contained in Sections to while provisions relating to revision are contained in Sections to In the Code of Civil Procedure, the provisions relating to appeal are contained in Sections 96 to while provisions relating to revision are contained in Section Appeal basically means a case that is filed to a higher court in order to make the correction in the decision of the subordinate court. In Akalu v.

In this way, the losing party has the opportunity to get the decision reviewed by other independent judges. The court that determines an appeal will correct the errors made by the subordinate court and endeavor to arrive at correct decisions as far as possible. In the case of Arun Kumar V. In the case of Satya Pal Singh V.

However, there are some circumstances in which no right of appeal exists. The legislatures kept this in mind and introduced the concept of review procedure named revision in the statute to fully prevent the deprivation of justice even for such situations where the right to appeal had been prohibited by the statue.

Revision is the act of examining again in order to remove any error or grant relief against non-uniform or improper exercise or non-exercise of jurisdiction by a subordinate court. Conversely, errors or mistakes in facts, upon which a judge or jury relied in rendering a judgment or verdict, may or may not warrant reversal, depending upon other factors involved in the error. However, appellate decisions make a distinction—not so much between fact and law, but rather, between harmless error and reversible error —in deciding whether to let stand or vitiate a judgment or verdict.

In other words, the party claiming error has failed to convince an appellate court that the outcome of the litigation would have been different if the error had not occurred. Most harmless errors are errors of fact, such as errors in dates, times, or inconsequential details to a factual scenario. On the other hand, error that is deemed harmful in that it biased the ultimate decision of a jury or judge, constitutes reversible error, i.

In legal jargon, think of it as meaning that the judgment is being corrected now to reflect what the court did then, when it rendered the judgment. Deadlines and timing are extremely important in any court case. Keep in mind that you should probably not use a motion for judgment nunc pro tunc to correct a mistake if the court still has the power to change its own orders—for example, if it has been less than 30 days since the judge made a final decision in court.

Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Name Change. Protection from Violence or Abuse. Self Help. Featured Self-Help. Self-Help Guides.

Ask a Question. Guided Forms. Informative Articles. More Resources. Court Information. Helpful Non-Legal Organizations. Types of Legal Help. Legal Assistance. Find Help.