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Showing posts from July, 2021

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.