Decided - Law Dictionary Search Results
Home Dictionary Name: decidedHeard and finally decided
Heard and finally decided, the proceeding either civil or criminal shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired, Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921: (1978) 2 SCC 630: (1978) 3 SCR 497.The expression 'heard and finally decided' in s. 11,CPC,1908 means a matter on which the court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra Ghatge, AIR 1989 SC 2240 (2249): (1989) Supp 2SCR 1....
Be examined and decided
Be examined and decided, the words 'be examined and decided' mean the conferment of authority to reach a 'decision', i.e., as to acceptance or rejection of bids, Shanti Vijay & Co. (M/s) v. Princess Fatima Fouzia, (1979) 4 SCC 602 (613): (1980) 1 SCR 459: AIR 1980 SC 17....
Decided
Free from ambiguity unequivocal unmistakable unquestionable clear evident as a decided advantage...
Any case which has been decided
Any case which has been decided, means each decision which terminates a part of the controversy involving the question of jurisdiction. Where the court below adjudicates the question that suit has abated against one of the defendant only and it would proceed against remaining defendants, the order results in terminating a part of the controversy involving the question of jurisdiction. Hence the revision against such order is maintainable, S.S. Khanna v. F.J. Dhillon, AIR 1964 SC 497....
To decide
To decide, means 'to settle' (question, issue, dispute etc.) by giving victory to one side; 'to give Judgment' to bring or come to a conclusion, Nirmala Ben v. Inder Singh Bagi, AIR 1977 Ori 211: 1977 ILR Cut 809: (1977) 44 Cut LT 72: (1977) 1 Cut WR 369....
So decides
So decides, do not mean that it must be a decision after a full debate or discussion pro and con, Ramakrishna Gangaram Rathi v. Kikan Zingaji Maake, AIR 1971 Bom 305....
Decider
One who decides...
decide
decide de·cid·ed de·cid·ing vt : to determine (as a case or issue) by making a decision (as a final judgment) : adjudicate compare find, hold vi : to make a decision ...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
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