Decree [fr. decretum, Lat.], an edict, a law.
The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).
Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.
A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a party to a suit. It does not by its own force secure money or property, State of Uttar Pradesh v. Ramkrishan Burman, (1970) 1 SCC 80: AIR 1971 SC 87: (1970) 2 SCR 588.
If the word 'decree' in the first part of the relevant clause means not a part of the decree but the whole of the decree then it would be reasonable to hold that the word 'decision' must likewise mean the entire decision of the trial court and not a part of it, Tirumala Chetti Rajaram v. Tirumala Chetti Radhakrishnayya Chetty, AIR 1961 SC 1795: (1962) 2 SCR 452.
Means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard 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 s. 144, but 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. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (2)]
Prior to the integration of Hyderabad State with the Indian Union and the coming into force of the Indian Constitution, the Nizam of Hyderabad enjoyed uncontrolled Sovereign powers. He was the supreme legislature, the supreme Judiciary and the supreme head of the executive, and there were no constitutional limitations upon his authority to act in any of these capacities. The 'Firmans' were expressions of the Sovereign will of the Nizam and they were binding in the same way as any other law; nay, they would override all other laws which were in conflict with them. A Firaman issued by the Nizam is 'decree' and is capable of execution, Ameer-un-Nissa Begum v. Mahboob Begum, AIR 1955 SC 352 (359). [Civil Procedure Code, 1908, s. 2(2)]
A decree is defined in s. 2(2) of the Code to mean the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final, Chandi Prasad v. Jagdish Prasad, (2004) 8 SCC 724 (729). [Civil Procedure Code, 1908, s. 2(2)]
Is the final order of a court in a suit, it resembles judgment but is not identical to it, Stroud's Dictionary of Law, Vol. 1, p. 620.
An appeal can be made to the Supreme Court from any judgment decree or final order in a civil proceeding of the High Court in the territory of India if the High Court is of the opinion that the case involves substantial question of law of general importance and the question needs to be decided by the Supreme Court, Constitution of India, Art. 133(1)(a) and (b)
Is of two types ' interlocutory and final; like a Judgment of Law, it is the sentence pronounced by the Court upon the matter of right between the parties which it based on the pleadings and proofs in the cause, pronounced on hearing and understanding all points in issue, A Dictionary of Law, Willium C. Anderson, 1889, p. 322.
As used in the Court-Fees Act is a term of art and it must be deemed to have been used in the same sense as understood by the Code of Civil Procedure, Ram Pravesh Shrivastara v. South Eastern Coal Fields Ltd., AIR 2007 Ch D 67.
Is defined in s. 2(2) of the Code to mean the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matter in controversy in the suit and may be either preliminary or final, Chandi Prasad v. Jagdish Prasad, (2004) 8 SCC 724.
Essential condition for a decree: (a) that the adjudica-tion must be given in a suit, (b) that the suit must start with plaint and culminate in a decree, (c) that the adjudication must be formal and final and must be given by a civil or revenue court, Paramjeet Singh Patheja v. ICDS Ltd., 2006 (10) JT 41. [Civil Procedure Code, 1908, s. 2(2)].
A decision of a court should become a decree there must be an adjudication in a suit and such adjudication must have determined the rights of the parties with regard to all or any of the matter in controversy in the suit and such determination must be of a conclusive nature, Ratan Singh v. Vijay Singh, (2001) 1 SCC 469.