Order - Definition - Law Dictionary Home Dictionary Definition order
Definition :
Order, does not mean only final order, Kanhikkamthoppu Parambil Radha v. Kondarappott Velayudhan, AIR 1994 Ker 412.
Order, mandate, precept, command; also a class or rank.
General orders are promulgated by courts for the proper regulation of their own proceedings, as the Consolidated 'Rules of the Supreme Court, 1883,' which are divided into orders, and subdivided into rules, which are amended from time to time; and particular orders are made to enforce a payment of money, to enforce obedience to justice, and compel that which is right to be performed.
An order in a proceeding under Order XXI, Rule 90 is a 'judgment' inasmuch as such a proceeding raises a controversy between the parties therein affecting their valuable rights and the order allowing the application certainly deprives the purchaser of rights accrued to him as a result of the auction-sale, Redhey Shyam v. Shyam Behari Singh, (1970) 2 SCC 405: AIR 1971 SC 2337.
The word 'order' which appears in a statute dealing with sales tax must be understood in a commercial sense, that is, in the sense in which traders and commercial men will understand it. In commercial sense an order means a firm request for supply of definite goods emanating from a buyer, an indent placed by a purchaser and, therefore, an order for or in relating to export would mean an indent from a foreign buyer, Consolidated Coffee Ltd. v. Coffee Board, Bangalore, AIR 1980 SC 1468 (1482): (1980) 3 SCC 358.
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