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What is Mesne Profits?

  Introduction             “ Mesne Profits pronounce Mean Profits”. In law, there are compensation against illegal possession, claiming the compensation is primary right of actual owner of the immovable property. The term “Mesne Profit” related to the damages or compensation recoverable from a person who has a wrongful possession of immovable property. Mesne profits are included in following cases, the cases are as, the cases related to Rent, Lease, Mortgage, Lease at Will, Redemption and Foreclosure etc. Definition                 “Mesne Profits” define under section 2(12) of the code of civil procedure, 1908. In following words.                           “Mesne Profits of property means those profits which the person in wrongful possession of such property, actually received or might with ordinary diligence have received therefrom together with interest on such profits but shall not include profits due to improvements made by the person in wrongful possession”. Object    
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Distinguish between Order, Judgement and Decree | Comparison between Order-Decree and Judgement-Decree

  Introduction:             Judge means the presiding officer of a civil court. The term ‘Court’ has not been defined in the code. According to the dictionary meaning, court means “an assembly of judges or other person acting as a tribunal in civil and criminal cases”. In other words, it is “a place where justice is judicially administered”. Judgment Judgment defines under section 2(9) of the code of civil procedure, 1908. As follow.                 “Judgment means the statement given by a judge of the grounds of a decree or order” Essential Elements             The essential elements of judgment are that there should be a statement for the grounds of the decision. Every judgment other than of court of small causes should contain. The Essential   Elements of judgment as follow. 1)         Concise statement of the case. 2)       The point for determination. 3)       The decision thereon and 4)       The reason for such decision.                 A judgment of sm

Types of Decree | Preliminary, Final, Partly Preliminary and Partly Final Decree

  Types of decree Definition of Decree                 Decree define under section 2(2) of the code of civil procedure, 1908. In following words.                 Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may be either preliminary or final.                 The definition of decree and the brief explanation of it (Essential element of Decree: Adjudication, Suit, Rights of the Parties in Controversy, Conclusive Determination, Formal Expression). This discuss in the previous post of this blog. If you are not seen the Explanation of Decree , then please first go through it and then come to this post.        Decision which are decrees: Illustration. The following decision are held to be decrees.                 Order of abatement of suit.                 Dismissal of appeal as time barred.   

Decree | Brief Explanation of Decree

  Introduction of code of civil procedure, 1908.                 This Act may be cited as the code of civil procedure,1908. It shall come into force on the 1 st January,1909. It extends to the whole of India except the state of "Jammu and Kashmir". Decree Definition of decree:                 Decree define under section 2(2) of the code of civil procedure,1908. In following words.               Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144 it shall not include. A)       Any adjudication from which an appeal lies as an appeal from an order, or B)       Any order of dismissal for default. Decree   Explanation:                 The decre